Two Sexually Oriented Businesses Struggle to Stay Alive - KCBD NewsChannel 11 Lubbock

2/7/07

Two Sexually Oriented Businesses Struggle to Stay Alive

Two sexually oriented businesses are suing Lubbock County in an effort to keep their doors open. NewsChannel 11's Nicole Pesecky has the details.

Last month NewsChannel 11 first told you that Fantasy Theatre and C&L Bookstore were forced to close after the county did not renew their sexually oriented business permits. Now, both of those businesses say the denial was unconstitutional, and they're fighting to stay open.

According to court documents, the Sheriff's Office ordered the businesses to close on January 23rd. Owners are seeking an injunction to get their sexually oriented business permits back. According to the owners, named as Fantasy Theater Incorporated and Arcadia Incorporated, their original renewal permits were filed on November 22, and denied because each application lacked certain information. Both businesses appealed, and were allowed to stay open, until a hearing on January 22.

In the meantime, they filed what they called new permit applications. Those were also denied. Sheriff David Gutierrez sent them a letter saying the applications were untimely. But the owners say that is not a reason to deny new permits. They're asking that the denial be ruled unconstitutional, and that their permits be issued. The owners are also seeking compensation for lost profits, and attorney's fees.

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