An “adult” business at 161 North Keeneland Drive was ordered closed Oct. 30, but it remains open and will get a new hearing Feb. 19.
On Nov. 13, Anthony Curry, owner of Interstate News and Tobacco, petitioned Madison Circuit Court to vacate special Judge Gary D. Payne’s order and reconsider evidence in the three-year-old case.
The city of Richmond has sought to have the business closed or moved to an I-2 (Industrial Park) zone since early 2003, after a code enforcement investigator said he found more than half the store’s inventory to be sexually oriented.
Richmond’s zoning ordinance allows such businesses only in an I-2 zone, and the store is located in a B-3 (Highway Business) zone, said City Manager David Evans.
In addition to the sale of sex toys and sexually graphic books, magazines and videos, Interstate News and Tobacco offered 14 coin-operated booths in which patrons could view videos, city codes enforcement officer Ross Howard testified.
The trial evidence “likely is not relevant” to what is currently being sold at the store, the petition claims.
“A judgment issued over three years after the evidence and testimony were presented and by a judge different than the one who personally heard and viewed the evidence in person violates the parties’ due process rights because such evidence is likely to be stale, irrelevant and immaterial to the present facts,” states the petition filed on behalf of business owner Anthony Curry.
Evidence was presented at an Aug. 8, 2005, trial. Payne was assigned to the case after Judge William T. Jennings retired in June. Jennings was succeeded this month by Judge Jean Chenault Logue.
According to the petition, Curry may seek to demonstrate that less than half of Interstate News and Tobacco’s inventory is sexually oriented.
The city will continue its quest to have Interstate News and Tobacco closed or moved to an I-2 zone, Evans said Monday.
“They can call it what they want, but with the amount of sexually oriented magazines, videos and view booths in there, it’s still an adult business and can’t be in a B-3 zone,” he said.
“This issue is too important to the residents and other businesses in that neighborhood, and the city will continue to press its case.”
Bill Robinson can be reached at brobinson@richmondregister.com or at 623-1669, Ext. 267.
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