ROSELLE, IL — (08-07-19) — Popular adult bookstore files federal lawsuit against unincorporated Dupage County, over its new regulations against adult businesses.
Parent company of 24 Hour Zebulon Adult Boutique, located at 24 W. 777 Lake Street, is seeking to have the county’s new licensing program for adult businesses declared unconstitutional.
JRL CHARTS researches tried to get a comment from Paul Darrah, spokesman for DuPage State’s Attorney Robert Berlin, but they declined to give any details pertaining to the lawsuit because it now considering pending litigation.
However shortly after our request for comment, they released an official statement pertaining to the lawsuit filed by Zebulon Adult Boutique….”As with any lawsuit brought against the county, State’s Attorney Berlin intends to vigorously defend the county’s position in this case,” sad Paul Darrah.
New Dupage Licensing Program Targets Adult Businesses
Zebulon Enterprises Inc. filed its federal lawsuit because the county enacted an ordinance back in June which established an annual license for adult businesses in unincorporated areas. The new ordinance specifically states that the adult businesses are described as places that provide on-premises entertainment, including private viewing booths.
Zebulon, which has operated for decades at 24 W. 777 Lake St. near Roselle, states in their lawsuit that DuPage’s ordinance violates the First Amendment, violates due process under the Fifth and Fourteenth Amendments, and violates the Fourth Amendment’s prohibition of unreasonable searches.
The adult bookstore’s lawsuit wants the court to block enforcement of DuPage’s ordinance and, ultimately, overturn it.
“Plaintiff will suffer irreparable injury from the enforcement and threat of enforcement of the ordinance, and will continue to suffer irreparable injury until the threat of enforcement is lifted,” the lawsuit reads.
The lawsuit also highlights a comment that county board Chairman Dan Cronin made back in December when he created an ad hoc committee on adult businesses. It quotes Cronin saying, “We’ll do the best we can to get these businesses out of our community.”
Zebulon Adult Boutique Claims Dupage County targeting Attacking Adult Businesses, Who’s Next?
Dupage county committee said that they spent six months gathering testimony and other information about the secondary effects of adult businesses before crafting the new regulations.
Zebulon’s blasted these actions in the lawsuit by saying the committee used “a blunderbuss approach,” collecting “what appears to be all of the available information.”
To solitify there position, the hearings didn’t produce any concrete evidence that Zebulon Enterprises operations had caused any particular problems, according to the lawsuit.
Under the new ordinance, adult business owners are required to get a license and renew it each year. Employees of those businesses are required to get identification cards issued by the county. In addition, businesses must meet minimum standards through the county building and zoning department and be subject to inspection by the sheriff’s office.
The lawsuit says DuPage’s ordinance “is designed and intended to unconstitutionally restrict free expression by eradicating all adult businesses from the jurisdiction.”
We will continue to follow this story and bring you updates as they become available.
Article by: Andy Powell, Staff Writer
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