Virginia- The Prince William Board of County Supervisors unanimously approved revised regulations for adult businesses Tuesday after making several changes designed to overcome legal action filed against the measure.
Board members struck provisions from the original ordinance that would have required owners of adult businesses to submit their age, weight, height, hair and eye color, and Social Security number to get a license to run their operations. Supervisors also eliminated a provision allowing the county to take action against owners who are convicted of a “crime of moral turpitude” and eased penalties that could stem from illegal activities of employees of adult businesses.
The changes come on the heels of a ruling last month in which a federal judge issued a temporary restraining order suspending requirements that took effect Oct. 1. U.S. District Judge Leonie M. Brinkema is scheduled to hear arguments in the case in March.
“We’re cleaning up some of the implementing requirements to make the ordinance easier to administer,” said board Chairman Sean T. Connaughton (R), the main force behind the regulations. “We’ve also made revisions we believe address the primary issues raised in the court case. Consequently, our hope is that the court uphold our ordinance and allow the licensing provision to be upheld.”
Connaughton said the purpose of the licensing and regulation is to give Prince William some control over adult businesses, which the county doesn’t currently regulate. Prince William officials said that the original guidelines mimicked similar ones in Henrico and Chesterfield counties, which are more than a year old, and that they were somewhat surprised to face a legal challenge.
Under the new guidelines, adult business owners would have to apply for a license each year, paying $400 for the initial license and a $200 annual renewal fee, and undergo background checks. Licenses would be administered by the police chief.
The lawsuit by the owners of Manassas Video Club, the only county business the rules would affect, says the measure aims to force MVC out of business. MVC hired Paul J. Cambria Jr., a First Amendment lawyer from Buffalo who has represented Hustler publisher Larry Flynt and musicians DMX and Marilyn Manson.
Calls to MVC for comment were referred to Cambria, who did not return a voice mail message left at his office.
Before approving the original measure, supervisors agreed to remove a provision requiring adult businesses to videotape their customers, keep the tapes for four months and turn the tapes over to the police upon request. Citing a letter of protest from the American Civil Liberties Union of Virginia, Connaughton recommended that the videotaping provision be dropped.