RAPID CITY, S.D. (AP) – The state has filed its motion to intervene in a federal lawsuit brought by a man who’s trying to open an adult entertainment store in Sturgis.

Attorney General Marty Jackley [pictured] said his office can be involved because David Eliason’s lawsuit against the city of Sturgis challenges the constitutionality of a state law regulating adult-oriented businesses.

Eliason argues that his rights to free speech and due process were violated when the city refused to allow him to open the store. Sturgis officials said it did not comply with state statutes.

Eliason’s attorney said in a court filing that he won’t oppose the state’s motion to intervene.

The judge handling the case said earlier that the state should be given an opportunity to intervene because of the constitutionality question.