HOOVER, ALABAMA, USA–City of Hoover Officials continue to have their panties in a knot because of the presence of a lingerie shop on their main strip. Friday a judge ruled the store will remain open because a 1998 Alabama law regulating “adult-only” businesses is too vague.
Hoover Mayor Tony Petelos has not decided whether the city will appeal the case. City attorneys had argued the Love Stuff store violates state law by operating within 1,000 feet of houses, daycare centers, churches and other places frequented by minors. However, Circuit Judge Robert Vance determined in a 12-page decision that the dispute boiled down to whether the store fit the definition of an “adult-only” enterprise.
Thirty-six percent of the store’s inventory is housed in one room that is off limits to minors. Judge Vance notes, ” “While no one contends that a book superstore like Books-A-Million is an `adult bookstore,’ the problem is that the word `substantial’ is not defined. What if such books constituted 60 percent of a bookstore’s inventory – is that substantial enough to throw the business into this category? What about 40 percent or 20 percent? No guidance is given as to where to draw the line.”
Store owner, Ross Winner, is happy with the decision.
UPDATE: ALABAMA’S UBER CONSERVATIVE SUPREME COURT RULES AGAINST THE LOVE STUFF STORE AS OF SEPTEMBER 11, 2009. THE BUSINESS IS CONSIDERING AN APPEAL.