By: Paul Goldberg, Staff Writer
RAPID CITY, S.D. — Rapid City zoning officials are asking a federal judge to dismiss a the lawsuit filed by the owner of Dick and Jane’s Naughty Spot adult store who wants to open an adult oriented store.
The City Council back in September voted to deny David Eliason, owner of the Dick and Jane’s Naughty Spot, a conditional use permit to open an adult shop because according to the city council, there are no locations available with the zoning requirements of such a business.
RELATED: Adult Store Owner Files Appeal Over City Council Permit Denial
Eliason filed his lawsuit back in October contending his constitutional rights were violated.
Rapid City hired outside lawyers to help the city attorney’s office fight the lawsuit. Eliason used to own sex shops in Sioux Falls and Tea, and has faced similar restrictions by city officials before.
In fact a federal judge ruled in 2013 against the city of Sturgis when it attempted to force Eliason’s store out of its location.
We will continue to follow this case and bring you updates as they become available.
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