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Legal battle over adult store continues


News Staff - January 11, 2019

*UPDATED 

RAPID CITY, SD - The legal battle between the City of Rapid City and the owner of Dick and Jane's Super Spot adult store on Deadwood Avenue continues in federal court.

David Eliason filed for an injunction against the city in October 2017 when the city council voted to deny him the right to open his store at the Deadwood Avenue location.

A January 2018 federal court ruling by Judge Jeffrey Viken overturned the city council’s decision.

In a recent City Council meeting, the board met in executive session to consider its options going forward.

In a prepared statement, city officials said,  "The council provided input and direction to staff on actions to pursue in an effort to resolve this case during executive session. It is an active case and the city will not comment further on the case at this time."

Dick and Janes owner David Eliason says the only issue still to be decided is damages he is owed by the city.

The franchise was faced with similar legal action over another store location at 1543 Lazelle Street,  Sturgis, SD.  In an earlier story, it was reported the city “spent hundreds of thousands of taxpayer’s dollars” in legal proceedings.

City Administrator Daniel Ainslie – in asking for a correction to the article – reports the City’s insurance carrier and policy covered all the costs of the city’s legal action against David Eliason - with the exception of a $1,000 deductible.

In addition, Administrator Ainslie said the article is incorrect in attributing the legal action to opposition from the city council based on any moral consideration.   He said the correct context is the city denied him an occupancy permit in July 2010 because the store violated state statutes against an adult-oriented businesses located within one quarter-mile of a residence, church, school or other public facility.

According to Ainslie, the matter was resolved in a settlement agreement.  The store remains open at its Lazelle Street location.

*This story has been amended to include those corrections to the original story as noted by City Manager, Daniel Ainslie.

 



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