ROCKPORT, Ind. – A judge has ordered a southern Indiana adult bookstore to close its doors until it pays more than $360,000 in fines and attorney and witness fees.
Tuesday’s order came after Spencer Circuit Judge Wayne A. Roells found 231 Adult Plaza in contempt of court for violating a permanent injunction, the Evansville Courier & Press reported Thursday.
Roell previously had upheld a county ordinance that said sexually themed businesses must be located at least 1,000 feet away from homes, churches or schools and regulated the amount of sexually themed merchandise in such stores.
He had found 231 Adult Plaza in violation of that ordinance.
But the owners appealed, saying the ordinance violated their First Amendment rights. The Indiana Court of Appeals later upheld his ruling and the state Supreme Court declined to hear the case.
“The defendants have shown a pattern of bad behavior since the time they first began doing business in Spencer County,” Roell said in Tuesday’s ruling.
Spencer County officials adopted the ordinance about the same time 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.
Roell’s new ruling says the store must cease all business operations in its main building without relocating for one year and must pay $362,467.59 in fines and attorney and witness fees. He also ordered 231 Adult Plaza not to resume any activities halted by the court until all fines and fees have been paid in full.
The Associated Press left telephone messages seeking comment at the office of Cincinnati attorney H. Louis Sirkin, who has represented the business.
