Published: March 27, 2006 10:35 pm         

Marshall adult bookstore appealing federal court ruling requiring merchandise change

Owners of an adult bookstore on the edge of Marshall, Ill., have appealed a federal ruling requiring them to change the store’s merchandise or move to another location.

Illinois One News Inc., which owns The Gift Spot near Interstate 70 and Illinois 1, filed a notice to appeal Thursday in a federal appeals court. The company filed a lawsuit against the City of Marshall in March 2004, stating the city’s zoning ordinance was unconstitutional because it restrained free speech, and that adult entertainment is protected by the First and Fourteenth Amendments.

The Gift Spot sells adult-oriented books, movies and novelty items and offers booths to view adult videos, according to court documents.

Roger B. Webber, an Urbana attorney representing the company, could not be reached for comment Monday.

In February, a judge in the U.S. District of Court for the Southern District of Illinois ruled the city’s ordinance did not violate the Constitution because it did not limit free speech but only limiting the place where it can occur.

City officials maintained the store was in violation of a city ordinance that placed restrictions on where an adult business can be located. The ordinance was passed less than one week after the store opened in 2002.

The ordinance required an adult business to be more than 1,000 feet from a school, church or regional shopping center district, among other areas. It also allowed the City Council to place restrictions on the site, including lighting, parking and signage.

Under those restrictions, The Gift Spot would have the option of relocating to one of three areas containing 33 sites if two acres of land were needed, Judge J. Phil Gilbert said in the ruling.

Illinois One News argued in court documents that the business was legally operating when the city passed the ordinance restricting adult entertainment.

Richard J. Bernardoni, a Marshall attorney representing the city, could not be reached for comment Monday.

A court date has not been set, according to the federal appeals court docket.



Joanne Hammer can be reached at (812) 231-4214 or joanne.hammer@tribstar.com.