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RAPID CITY, S.D. (AP) — A federal judge has ruled Rapid City violated a businessman’s constitutional rights in denying a permit to open an adult store.

The ruling from Judge Jeffrey Viken overturns a City Council decision against granting a conditional use permit for Dick and Jane’s Naughty Spot. David Eliason wanted to sell adult movies and magazines, lingerie and sex toys at the store. He was given initial approval by the city’s planning commission.

The Argus Leader says a nearby taekwondo studio objected to the sexually-oriented store because a city ordinance bars such business from being within 1,000 feet of any educational facility. Viken ruled the city’s ordinance is overly broad. Viken says some City Council members who expressed moral disapproval of the establishment may not have objectively applied zoning guidelines.


Information from: Argus Leader,