OKLAHOMA CITY, OK — (10-21-18)  —  The law firm representing adult novelty stores Adam and Eve in Oklahoma City, has called the city ordinance “unconstitutional” and “at risk for a federal lawsuit.”

The Adam and Eve adult novelty store is just one in the Oklahoma City metro area that was cited for violating an ordinance banning them from operating within 1,000 feet of a home, school or church.

In a letter sent to the Oklahoma City Council, Adam and Eve’s lawyers argue that the “display and sale of sexually oriented merchandise is protected under the First Amendment.” The lawyers also said the “governor has no power to restrict expression because of its message.”

Brick and Mortar retail giant Adam and Eve aren’t the only adult novelty store business having issues with the city ordinance. Adult novelty store Christie’s Toy Box has filed a lawsuit against the Oklahoma City Council. They are citing similar issues and pointing out both of its adult stores that were fined have been operating since 1983 and 1996 – before the current ordinance that went into effect in 1997.

City Council members are now proposing changing the rules so those stores can legally operate. What they are really doing is trying to stop a costly lawsuit that they know they may lose. The new zoning rules would include a ban of anyone younger than 18 from being on the premises of an adult novelty shop.

The ordinance change would redefine the adult novelty stores from adult novelty shops to commercial establishments that sell adult novelties. The stores also would be banned from displaying certain items in their display windows.

The Oklahoma City Council is expected to vote on the new rules Wednesday Oct. 23.

Article by: Andy Powell, Staff Writer

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