LAS VEGAS, NV — (07-26-21) — Retail giant Lion’s Den adult superstores parent company Henderson Retail 61 LLC, has filed a lawsuit in U.S. District Court against the city of Henderson, Nevada’s sex store laws, claiming they’re unconstitutional.
“Henderson’s laws that govern the opening of sex stores are unconstitutional,” the Lion’s Den federal lawsuit filed against the city asserts.
The lawsuit states that Henderson, Nevada’ zoning and licensing regulations are too broad, are too vague and offer too much discretion to the city, according to the lawsuit.
The fight started when Henderson Retail 61 LLC wanted to expand its presence in Southern Nevada by opening a store in Henderson. They already have a Lion’s Den store located at 2923 S Sammy Davis Jr Dr in Las Vegas, (Map It).
The lawsuit also states that Henderson, Nevada categorizing Lion’s Den as a “sexually oriented business” and denying the adult retail giant a building permit to remodel the inside of a store at Eastern and Serene avenues, where it had signed a lease, is unconstitutional.
But under Henderson law, the company asserts, Lion’s Den would only be considered a general retail store because it would not meet the criteria of being called a sexually oriented business.
Henderson Retail 61 LLC lawsuit seeks a declaration from the court that Henderson’s laws are unconstitutional and that Lion’s Den is entitled to damages because it spent money to prepare for the opening of the store and has missed out on earning revenue by not being able to open.
The new Lion’s Den planned to mostly sell lingerie, T-shirts, lotions, scented candles, party decorations and bachelorette supplies, according to the lawsuit.
The adult store also planned to stock a limited number of “constitutionally protected sexually oriented adult DVD’s and other adult media items as well as sexual devices and pleasure products toys,” the lawsuit states.
Henderson spokeswoman Kathleen Richards said last week that the city was served with the lawsuit and that the city attorney’s office is reviewing the allegations made by Henderson Retail 61 LLC..
Henderson does not allow sex shops under the zoning that applies to the area of the proposed store. Instead, sex stores are allowed only in industrial areas and under certain conditions, according to the lawsuit. Special permission must be obtained before such a store can be opened.
If such items make up more than 10 percent of a store’s inventory, that store is considered a sexually oriented business under Henderson law. The “sexually oriented business” designation would also apply if more than 10 percent of the store’s revenue came from such products, more than 10 percent of the floor space in the store was dedicated to selling the items, or more than 10 percent of the business’s advertising is for the items.
If not for the city’s existing ordinance, Lion’s Den would have planned to carry more of those items, according to the lawsuit.
This isn’t the first adult stores have battled with Henderson County officials. Back in 2014 The Love Store tried to open a location in Henderson but it had its application denied because too much of its planned stock consisted of adult products.
Article by: Andy Powell, Staff Writer
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