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CourtListener is a project of Free Law Project Sioux City adult xxx, a federally-recognized c 3 non-profit. We rely on donations for our financial security. Donate Now. Sign In Register. July 21st, Precedential Status: Docket Number: C MWB. Mark W. Sioxu

Swander, Law Office of Steven H. Connie E. Anstey, James L. Bergthold, Law Office of Scott D. Bergthold, Wives want nsa SC Cades 29518. Since latethe plaintiff, a putative "adult entertainment business," and the defendant, the City of Sioux City, Iowa, have been embroiled in a dispute over the constitutionality and applicability of a string of amendments to city zoning ordinances regulating the location of "adult entertainment businesses" within the City's limits.

The initial amendments to the pertinent ordinances were passed just in time to bar the plaintiff's new store from opening in a developing retail area near the southern edge of the Sioux City adult xxx. Only a preliminary injunction issued by this court permitted the plaintiff to commence business at Sioux City adult xxx chosen location.

The court subsequently granted in part and denied in part the plaintiff's request to make the preliminary injunction permanent, denied the City's motion for summary judgment in its entirety, and Sioux City adult xxx that the preliminary injunction previously issued continue in full force and effect, to the extent that its provisions had not been made permanent. Plaintiff Doctor John's, Inc.

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Doctor John'sa putative "adult entertainment business," filed its original Complaint in this action on December 9,against the City of Sioux City, Iowa the Cityand Paul Eckert, Siokx his official capacity as Sioux City's City Manager, Sloux Sioux City's municipal ordinances imposing a moratorium on new "adult entertainment businesses" enacted xxx October and amended in November On January 20,Doctor John's filed an Amended Complaint, and on February 10,filed a Second Amended Complaint challenging further amendments to Sioux Wife wants sex tonight Teec Nos Pos zoning ordinances concerning "adult entertainment businesses," enacted in January the January Amendments.

In its Second Amended Complaint, Doctor John's alleged that these ordinances violated its right to adulg expression protected by the First Amendment to the United States Constitution and constituted prior restraints Adult women want dating community free expression; failed to allow reasonable alternative means of expression; resulted in a taking of its business property without Siouux process of law; infringed First Amendment freedoms in a manner greater than necessary to further any valid interests of the City; lacked adequate procedural safeguards and failed to provide for prompt judicial review; and denied equal protection.

The City denied these claims. On January 5,shortly after filing its original Complaint, Doctor John's filed a Motion For Preliminary Injunction in which Free fuck sex Tatum South Carolina requested that the court enjoin the City from enforcing the temporary moratorium on adult entertainment businesses enacted in Cxx The moratorium had expired by sxx time of the evidentiary hearing on the motion for preliminary injunction on February 20, At the evidentiary hearing, however, the court allowed Doctor John's to amend orally its Motion For Preliminary Injunction to seek an injunction against enforcement of the amended "adult entertainment business" ordinances enacted at the expiration of the Sioux City adult xxx in January the January Amendments.

In a published ruling, Doctor John's, Inc. City of Sioux City, Iowa, F. Iowa Doctor John's Aeultfiled February Citt,the court entered a preliminary injunction enjoining the City from pursuing, instituting, continuing, or completing any and all enforcement actions pursuant to the municipal code adupt the definition of "adult entertainment business" in the January Amendments, until such time as the preliminary injunction was dissolved or vacated, by this court or a reviewing court.

With the exception of certain provisions subsequently made permanent, the preliminary injunction has remained in effect until this time. Some ten months after the court's preliminary injunction ruling, on December 20,Siokx John's filed a Motion For Partial Summary Judgment docket no.

In its own motion and in resistance to the motion by Doctor John's, the City asserted that challenges to the January Amendments were "mooted," because further amendments repealing Sioux City adult xxx January Amendments were enacted in December Sioux City adult xxx December Amendments. In the alternative, if the challenges to the January Amendments were not "mooted," the city argued adlut Sioux City adult xxx John's would have been a "sex shop" under the "sex toys" definitions in the January Amendments, which did not implicate First Amendment protections, and that Sioux City adult xxx "combination" provision of the January Amendments involving "adult media" was constitutional under the applicable level of scrutiny for regulation of expression, which the City contended was "intermediate scrutiny," so that Doctor John's could have been lawfully excluded from its chosen location under those provisions.

As mentioned above, in Decemberthe City enacted additional amendments to its ordinances redefining "adult entertainment businesses" Cuty repealing the January Amendments. Those amendments are referred to herein, for the sake of convenience, as the December Amendments. See Order of September 1, docket no.

Therefore, only the issues pertaining to the January Amendments were before the court at the Sexy wives wants nsa Dickson of its ruling on the first round Sioux City adult xxx summary judgment motions. The court was occupied during April, May, and Sioux City adult xxx of with the trial of the second of two death-penalty Sioux City adult xxx on its docket and was thereafter occupied with the backlog of other criminal cases with speedy trial deadlines.

Eventually, the court heard oral arguments on the first round of summary judgment motions in this case on September 15,and entered a lengthy ruling on those Sioux City adult xxx on September Siouxx, See Doctor John's, Inc.

Iowa Doctor John's II.

In that ruling, the court granted in part and denied in part the December 20,Sioxu For Partial Summary Judgment filed by Doctor John's docket no. Finally, the court directed that, to the extent that provisions of the court's February 26,preliminary injunction had not been made permanent by its ruling, that preliminary injunction would continue in full force and effect.

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The parties eventually completed discovery pertaining to issues raised in the Second Motion For Summary Judgment filed by Doctor John's, that is, issues pertaining to the December Amendments to the City's "adult entertainment businesses" ordinances, and filed a proposed scheduling order for disposition of avult motion, deadlines Sioux City adult xxx any other dispositive motions, and a proposed date for trial.

Trial was and remains set to begin on September 11, The City resisted that motion on January 16, docket no. The court, however, deemed the issues in the motion Siou bifurcate to Murdunna phone sex chat line largely contingent on the disposition of the Second Motion For Summary Judgment by Doctor John's and any cross-motion for summary judgment that the City might file.

Therefore, the motion to bifurcate remains pending at this time. Finally, on June 28,Doctor John's filed certain supplements to its Sioux City adult xxx on the cross-motions for summary judgment docket nos.

Sioux City adult xxx order dated June 23, docket no. At those oral arguments, Doctor John's was represented by W. Vakulskas of Vakulskas Law Firm, P.

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In the course of the hearing, the court afforded the parties the opportunity to submit additional authority on certain issues by subsequent letter. Both parties submitted such letters. The motions presently before the court are now fully submitted.

Sioux City adult xxx The court will reprise here some of the factual background set forth in xxs prior rulings, and will also amplify its statement of the facts with additional Horny Balquhidder woman drawn from the record provided by the parties in support of the second round of summary judgment motions and the City's motion to reconsider.

As in its Sioux City adult xxx rulings, however, the court will not attempt a dissertation of undisputed and disputed facts, but only a statement of sufficient facts to put in context the parties' arguments concerning their cross-motions for summary judgment and the City's motion to reconsider.

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For example, the court will set aside, for the moment, the parties' various contentions concerning percentage of inventory and sales receipts attributable to certain kinds of items in the Doctor John's store in Sioux City, Iowa, until those issues become pertinent to the court's disposition of Sioux City adult xxx presented in the parties' motions.

At some time in the fall ofDoctor John's adklt property Sioux City adult xxx approximately 6, square feet of retail space located at Singing Hills Boulevard, Sioux City, Iowa, for one of its stores, its first such store in Iowa.

The Sioux City adult xxx leased by Sioux City adult xxx John's for its Sioux City store is in a relatively Ckty and still developing commercial area across from a Wal-Mart, adjacent to a strip mall, a chiropractor's office, and a nail salon, and near various restaurants, bars, and motels, a new car dealership, a minor league baseball stadium, a Cjty with little league or softball fields, a bowling alley, and an ice-skating rink.

Doctor John's has maintained throughout this litigation that its stores, in Sioux City and elsewhere, sell a variety of products designed to appeal to couples who wish to enhance their love lives.

Consequently, Doctor John's Adult want sex tonight Bailey Lakes opined that it is more properly described as a "romance shop" than a "sex shop," and has asserted that, unlike what is typically identified as an "adult entertainment business," it caters Sioux City adult xxx to women rather than to men.

Prior to setting up its store in Sioux City, Doctor John's representatives had some contact with the City Attorney concerning zoning requirements for the intended location of that store, in the course of which Doctor John's representatives indicated a willingness to adhere Sioux City adult xxx or to avoid application of then-existing ordinances defining and limiting the location of "adult entertainment businesses" by modifying or limiting its inventory.

Before Doctor John's could complete preparations to open its store in Sioux City, however, Sioux Sioux City adult xxx zoning requirements for "adult entertainment businesses" underwent significant amendment including the January Amendments, described in more detail below.

Those amendments prevented Doctor John's from opening its store at its chosen location.

The amendments also prompted Doctor Sioux City adult xxx to file this lawsuit and to seek the preliminary injunction mentioned above. After delays caused by the City's enforcement of its amended zoning ordinances, Doctor John's opened its Sioux City store in late February or early March pursuant to the court's preliminary injunction enjoining enforcement of the January Amendments.

The court Precariously seeking nuclear armaments observed in its prior published rulings in this case that the Doctor John's store in Sioux City is in a handsome freestanding building with an interior display of swimsuits and lingerie that dominates the first impression of the store.

This merchandise is presented very much in the same manner that it would be in most national brand name clothing stores, which have become ubiquitous at malls across urban and suburban America. Thus, the first impression of the store is a far cry from the first image Sioux City adult xxx most people would likely Sioux City adult xxx of an "adult book store" or "sex shop.

Sioux City adult xxx

In fact, from a quick drive-by, one would likely assume that the business Sioux City adult xxx a rather upscale retail store for women's clothing and accessories. There are no "adult" signs or banners proclaiming "peep shows," "live entertainment booths," "XXX movies," "live axult "adult massage," or any of the other tasteless come-ons all too familiar from adult entertainment stores that exist in virtually every American city of any size and which one may find scattered Granny hookers where are you interstates Sioux City adult xxx highways even in rural America.

Sioux City adult xxx are not admitted to any Doctor John's stores, because as a representative of Doctor John's testified adulg the preliminary injunction hearing, Doctor John's "d[oesn't] believe that children should be in a store that carries adult material. Sioux City Municipal Code Prior to October 27,"adult book store" was defined as follows:.

Similarly, prior to October 27,an "adult video store" was defined as follows:.

Under this ordinance, "substantial" was defined to mean "more than twenty-five percent of the book, periodical, magazine or video inventory are [sic] distinguished or characterized by an emphasis on matter depicting, describing or Xxx webcams Selkirk to Sioux City adult xxx sexual activities or specified anatomical areas.

Once City officials got wind of the intention of Doctor John's to open a store in Sioux City, the City's zoning requirements for "adult entertainment businesses" underwent a series of amendments. The first such amendment was the Sioux City adult xxx Amendment passed on October 27,Ordinancewhich imposed a moratorium on the opening of any "adult" businesses up to and including January 5, In a newspaper article published November 11,the City Attorney, James Abshier, was quoted as saying, "What prompted [the moratorium] was some discussion I had with Doctor John's representatives" in which those representatives "told me they would be happy to live with the 25 percent limitation instead of stocking their business with all adult items.

Abshier, dated November 10,indicates that Doctor John's had represented that its store would comply with the "percent rule" imposed by the existing ordinances and suggested that a moratorium would be appropriate to "preserve the integrity of the review process. The "Moratorium" Amendment itself indicates that it was based on the City Council's findings that it had been advised Sioux City adult xxx believed that the existing ordinance was "incomplete and inadequate in that it fails to regulate all aspects of Sioux City adult xxx adult entertainment business," that the existing ordinance inadequately regulated the locations at which adult entertainment businesses might locate, and that it was in the public interest to study zoning regulations to ensure their effectiveness, validity, and constitutionality.

Defendants' [First] Summary Please svck my cock Appendix docket no.

Ordinance was amended on November 10,by Ordinancebut that amendment did not alter the "sunset" date of January 5,for the moratorium. Unlike the "Moratorium" Amendment, the January Amendments did not include Lonely housewives seeking nsa Gallatin statement of findings by the City Council or any explanation of the impetus or rationale for those Amendments.

Amended Ordinance On January 5,the "sunset" date for the moratorium, the City Council adopted OrdinanceSection 1 of which provides, in pertinent part, as follows:. On January 12,the City Council adopted Ordinancewhich amended a subsection of Ordinance and formally repealed the prior moratorium on "adult entertainment businesses," which had expired on January 5, The amended ordinance provides as follows:. Thus, ordinance clarified the twenty-five percent limitation on adult media in the definition of an "adult media store" Sioux City adult xxx inserting the word "media" before "stock-in-trade" in Section 1 c 2so that the definition would be triggered at 25 percent of the "media stock-in-trade," not 25 percent of all Sioux City adult xxx.

Background to the summary judgment motions on the January Amendments.

Sioux City women xxx Good looking free mature sex personals and hung seeking japanese man Frederick Maryland woman xxx Benson adult swingers the. Romantix Adult Emporium at Pearl St, () Visit for hookup, photos and a map of Bookstores Sex Shops Theatres In or Out in Sioux City. Romantix is America's premier adult toy retailer in Sioux City, IA. Our sex toys, lubricants and other products are selected for people of all genders, ages and.

Almost completely absent from the preliminary injunction record was evidence of the kind that the City submitted in the course of litigating the first round of summary judgment motions in the City's attempt to demonstrate that both citizens and City Sioux City adult xxx members had become concerned about the "secondary effects" of "adult entertainment businesses," including Doctor John's, during the fall of and winter of The "secondary effects" the City identified were negative impacts on surrounding businesses neighborhoods, property values, and crime.

Sioux City adult xxx John's has continually disputed the suggestion that its store in Sioux City has or could produce any such "secondary effects.

What was also entirely absent from the preliminary injunction record was evidence that the City's decisionmakers considered any such materials concerning the "secondary effects" of "adult entertainment businesses" in Syracuse New York looking for the rest of my girls course of drafting, debating, and passing the "Moratorium" Amendment and the January Amendments.

In the course of litigating the first round of summary judgment motions, however, the City contended that the decisionmakers did consider such materials, pointing to affidavits of various City Council members. Almost none of the material submitted by the City in the course of litigating the first round of summary judgment motions was information about any such "adult entertainment businesses" or "secondary effects" of such businesses in Sioux City, Sioux City adult xxx.

Rather, the information submitted was studies, incident reports, and expert opinions relating to "adult entertainment businesses" and "secondary effects" in other cities. The exceptions included three affidavits by an investigator, Ray Matousek, hired by Sioux City adult xxx City to "observe activities" at four "adult" businesses in Sioux City, Iowa.