ROCKPORT, Ind. — A judge has fined the owners of a southern Indiana adult bookstore and lounge $30,000 for violating a county ordinance limiting the operation of a sexually oriented business.
The law defines a sexually oriented business as one in which sexual material makes up more than 35 percent of the merchandise or accounts for more than 35 percent of the store’s revenue. An injunction against the Love Boutique in March did not order the business closed, but a lawyer representing the county argued that it was in contempt for violating the limits.
Spencer Circuit Judge Wayne Roell ruled Monday that because dancers appeared nude or seminude in the lounge, the business was in contempt for repeated failure to abide by the terms of the ordinance. The ruling allows the Love Boutique to remain open as long as it does not operate as a sexually oriented business. Roell also said the fines would increase with further violations.
Scott Nazzarine, an attorney representing the Love Boutique, said Tuesday that Roell’s ruling seems reasonable.
“Obviously, were not happy about the $30,000 fine,” Nazzarine said. “But I think he was fair and understands the issues. He recognizes the First Amendment right to sell this material as long as the store abides by the county’s ordinances. Our clients will make every effort to comply with the orders of the court.”
County officials adopted the ordinance the week before the business opened in November 2005 at the site of a former truck stop at an Interstate 64 interchange about 35 miles east of Evansville.