DALE, Ind. [AP]- A Spencer County judge has ordered an adult bookstore to close, saying it violates a zoning law that was written to stop it.
Circuit Judge Wayne Roell sided with Spencer County in its attempt to enforce an ordinance that bars adult businesses from operating within 1,000 feet of churches, schools and residences.
Attorneys for the Adult Plaza bookstore had argued the ordinance was unconstitutional.
“Adult businesses have not been denied a reasonable opportunity to open and operate,” Roell said in his ruling last Friday. “The regulations restricting operations within 1,000 feet of a residence are valid.”
“We are very, very happy,” said John Wetherill, an attorney for the county.
County officials are monitoring the business to make sure owners comply with the court order to shut down, Wetherill said.
The dispute began even before Adult Plaza opened in November 2005 at the site of a former truck stop at the U.S. 231/Interstate 64 interchange about 35 miles northeast of Evansville. The week before, Spencer County passed the ordinance designed to stop the bookstore.
Opponents have said the bookstore and its exotic dancers do not fit in with the Spencer County’s family friendly appeal with attractions including Holiday World and Splashin’ Safari theme parks, the Christmas-themed town of Santa Claus and Lincoln State Park.
Officials in adjacent Dubois County also opposed the bookstore. In May, more than 300 people attended a rally in Huntingburg that raised money to help pay legal fees to fight the business.
The Associated Press left a phone message seeking comment Tuesday at the office of Cincinnati attorney H. Louis Sirkin, who represented Adult Plaza.