A federal lawsuit prompted Burnsville officials to change an ordinance to allow an adult novelty store to sell sexually explicit DVDs.
The ordinance amendment followed a lawsuit on behalf of the store, Enchantasys, arguing that the city’s zoning provision prohibiting the store from selling DVDs was unconstitutional.
Enchantasys now can remain in its current location on Hwy. 13 and sell sexually explicit DVDs, and the lawyer representing Enchantasys, Randall Tigue, said the store’s owner plans to drop the lawsuit.
The owner of the store, Enchantasys Partners 2 LLC, is based in North Dakota.
The original ordinance classified stores that sell or rent even a small number of sexually explicit movies, books or magazines as a “sexually oriented business,” allowed to operate only in certain parts of the city.
The lawsuit argued that this violated the First Amendment. “There is no evidence at all that a store that sells 10 or 20 percent of adult material causes any adverse secondary effects,” Tigue said.
The change to the ordinance would allow any retail store to have up to 20 percent of its floor area designated for the sale of sexually oriented material in any zoning district.
Businesses with a significant portion of floor area devoted to more than 20 percent of sexually explicit material would be classified as a sexually oriented business, subject to restrictive zoning.
“The ordinance should address changes in the lawsuit, but we are still waiting to hear back from the plaintiff’s attorney,” said Marty Doll, Burnsville’s communications director, in an e-mail.
The ordinance doesn’t consider novelty stores as regulated sexually oriented businesses, Doll said.
The Planning Commission held a public hearing on April 25, and the City Council approved the changes on May 3.
Enchantasys already has DVDs for sale, Tigue said.