PEABODY, Massachusetts — The owner of an adult video store on Route 1 is suing the city claiming City Hall is trying to close him down “while leaving other video stores unmolested.” Paul Doherty, a lawyer and owner of the Video Warehouse on Route 1 North, said in papers he filed late Monday that Building Inspector Ralph Gandolfo has harassed him in a way that is unconstitutional and discriminatory. Doherty changed the general video store he opened in April 2001, to an adult video and paraphernalia store in May 2002. On April 2, Gandolfo issued a cease and desist order, closing the store down. Video Warehouse is located in the city’s business highway zone of Route 1. A similar store, Amazing, located in the same zone, has not been harassed, Doherty said. Through his lawyer, John Keilty, Doherty is asking the court to let him reopen, inform the city that its treatment of his store is unconstitutional and order the city to discontinue that treatment. A hearing is scheduled Thursday in Lawrence Superior Court. Keilty said his client should be regulated as a retail business because there is no mention of adult video stores and paraphernalia stores in the city zoning ordinance. He listed all the video stores in the city, and said video stores were not regulated in the ordinance, either. The City Council permitted adult theatres and bookstores in the business highway zone (Route 1) in 1993, according to City Solicitor Lawrence O’Keefe, who will defend the city. Amazing was in business before 1993. Gandolfo said he became aware of changes at the Video Warehouse after a neighbor called his office in March, about six weeks ago. At first he thought the business was legal, but when he made an inspection he realized that all the store’s merchandise was adult material, “mostly videos and paraphernalia with a few magazines.” O’Keefe said the legal problem stems from the city not listing adult video and paraphernalia stores. “If something isn’t permitted, it isn’t allowed,” he said. “Even if this were allowed, the store would still have to come before the council for a special permit under state law,” he said. “They converted the general video store to an adult video store without giving the city any notice and without the proper permits.” If the warehouse converted to an adult bookstore, it would be eligible for a special permit, O’Keefe said. Doherty said in his paperwork that he has no wish to convert to a bookstore.