Dale, IN – The Adult Plaza, a would-be adult business operating under the restrictions of a temporary restraining order in Spencer County, IN may find itself behind the eight ball after an undercover investigator observed alleged violations of the court’s order during an October 20th visit to the store.According to the Associated Press, in court documents filed by Spencer County officials, investigator Theresa Donnelly said that she witnessed partially nude dancers at Adult Plaza, in addition to an amount of sexually explicit material that exceeds the amount of such stock the store is allowed to maintain under the temporary restraining order.
“Based on my observations, the main building is operating as an adult bookstore and as an adult cabaret, in violation of Spencer County ordinance,” Donnelly stated in documents filed in Spencer County Court.
One week before the Adult Plaza opened in November 2005, Spencer County passed a new ordinance restricting the operation of adult businesses in the county. A legal battle ensued, with the store owners accusing the County of violating their constitutional rights and county officials asserting their right to mitigate “negative secondary effects” that purportedly stem from the operation of adult businesses.
The Adult Plaza has spent most of existence operating a temporary restraining order that allows the business to operate as a convenience store only, according to the Associated Press.
Under the terms of the court order, less than 35-percent of the Adult Plaza’s merchandise is permitted to be adult material. According to Donnelly’s report, over 90-percent of the Adult Plaza’s inventory consisted of adult materials.
A hearing on the County’s complaint is set for December 6th. Spencer County officials are also seeking to have the temporary injunction made into a permanent one and impose a fine of approximately $11,500 on the owners of Adult Plaza. Those motions will be heard on February 20th.
