A Sturgis sex shop wins a victory in state court, over the city of Sturgis.
The owner of 'Dick and Jane's Naughty Spot', David Eliason, filed a lawsuit last year alleging the city of Sturgis violated his first amendment rights by denying him the right to run his business in the city at his original location.
Sturgis community development directors denied Eliason an occupancy permit for his location on 2611 Lazelle Street in 2010.
According to Circuit Judge Jeffrey Viken's ruling, the decisions, made by Sturgis city employees, were made based on vague zoning regulations, and were not constitutionally sound.
"In this ruling the court verified what we
have been saying all along, that the City was incorrect in its
application of the statute, that there has to be a measurable standard
by which to operate and that a complete prohibition of adult items is
unconstitutional," said Eliason in an emailed statement to KOTA News.
Eliason says he plans to stay open in his new location at 1543 Lazelle street.