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Adult Shop Contends Zoning Laws Unevenly Enforced

Posted On 23 Feb 2009
By : admin

WILMINGTON, NC — Jeanne Sutton is more than a little confused about what goes on in the minds – and legal departments of Wilmington, NC. After all, in spite of the fact there are similar stores within a half mile of the Intimate Bliss adult shop she manages only it is being shut down for zoning violations.Of course, before the city could determine that her shop was in violation, 16 detectives and a number of police officers and city zoning officials needed to spend four days on the tax payer’s dime camped inside, checking out the porn DVDs and other sexy merchandise.

That was six months ago, just as the shop entered the holiday season and not the ideal time to need to spend money on legal counsel, although that’s precisely what the shop found itself needing to do, thanks to a citation inspired by a citizen complaint.

Malissa Talbert, a city representative, insists that it’s not the municipality in error here, but the shop. According to Talbert, “In this particular case, the business had said they were going to be a lingerie store, not an adult establishment.”

Although lingerie has led to many an adult encounter, Wilmington city zoning laws see barely there underwear differently from the items that might be employed under it. Nonetheless, Intimate Bliss enjoyed a complete lack of legal harassment for two years during which it was licensed and operating without incident.

Then, suddenly, someone decided that there was a problem – and Intimate Bliss received its en masse visit from the authorities and its zoning violation notice.

“If we’re in violation, I know the other stores are,” Sutton insists, referring to the four other adult shops between a half mile and two miles of her location.

As is so often the case, at issue is what qualifies as an adult establishment.

“You’re not only looking at the type of materials, but how much and where within the business,” Talbert semi-explains. “So there are a number of different nuances. You almost have to look at each case individually.”

While the city decides whether or not too look at each case individually or just randomly enforce its laws, Sutton says her fellow employees must determine where they’ll be working after March 31st, when the shops doors must lock for the last time.

“It’s been really sad,” she told WWAY 3 NewsChannel. “We’ve been here a long time, we have a lot of regulars and when we tell them what’s happening, they say ‘what about the other places,’ ya know?”

Adding insult to injury, this word-of-mouth explanation about the shop’s death is the only way its employees can alert customers about the closure since part of the agreement between the shop and the city is that Intimate Bliss not advertise a going out of business sale. Instead, its representatives may only admit to closure due to zoning violation.

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