Entice Adult Superstore will drop plans to appeal a ruling upholding Floyd County’s sexually oriented business ordinance under a settlement agreement accepted Tuesday by the Floyd County Commission.
Owner Charles Craton said he could not comment on the settlement but confirmed the store will be renamed Entice Couples Boutique. A news media release states the Shannon store will stop operating as an adult book or video store by Dec. 31, although it will remain open.
“Their ability to provide some of this material is constitutionally protected, but they’ve agreed to reduce their explicit media inventory to below the 35-percent threshold as defined by our ordinance,” Commission Chairman Jerry Jennings said.
The agreement calls for Entice to dismiss its pending appeal within five days and replace its sign by Oct. 15.
Other provisions include prohibitions against allowing minors on the premises; having viewing booths; expanding the store on New Calhoun Highway; and opening a sexually oriented business at any other location in the county.
The county has spent more than $177,000 on legal fees since Entice challenged its ordinance in federal court in August 2006.
U.S. District Court Judge Harold L. Murphy upheld the ordinance in a 185-page decision issued in March, but Entice filed notice to appeal.
Jennings said the settlement means “total victory” in a legal battle that tested the county’s ordinance.
“We spent a lot of money, but I think it was important to do this for our community,” he said. “And now we have an ordinance that will help us in the future if any sexually explicit business wants to locate here.”
The Commission adopted the ordinance in May 2006, less than a month after Charles and Susan Craton and Ken and Janet Gabler opened the first business in the county devoted to sexually explicit merchandise.
Its decision was fueled by a swift public outcry, including a petition circulated by New Antioch Baptist Church that drew more than 900 signatures.
The county signed separate but similar settlement agreements with three Entice principals: Charles and Susan Craton; High Five Investments, LLC; and Ken and Janet Gabler.
Staff writer John Bailey contributed to this report.
RELATED CONTENT:
County Commission`s statement regarding Entice settlement
Entice agreement Entice media release Previous report with more details about the litigation.
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