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Dick and Jane's fight in Rapid City

Dick and Jane's fight in Rapid City
Rapid City wants lawsuit over adult-themed store dismissed
The Associated Press - November 10, 2017

RAPID CITY, S.D. - Rapid City officials are asking a federal judge to dismiss a lawsuit filed by a man who wants to open an adult-themed store.

The City Council in September voted to deny David Eliason a conditional use permit to open an adult-themed shop called Dick and Jane's Naughty Spot because no locations complied with zoning requirements. His initial request was in an empty space on Deadwood Avenue, next door to a business that teaches karate to kids. Eliason sued in October, contending his constitutional rights were violated.

The city has hired outside lawyers to help the city attorney's office fight the lawsuit.

Eliason used to own sex shops in Sioux Falls and Tea, and has faced similar restrictions before. A federal judge ruled against the city of Sturgis in 2013 when it attempted to force Eliason's Dick and Jane's store out of its location on Lazelle Street.



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