Adult store to fight though U.S. Supreme Court refuses case

By The Associated Press

08.24.02

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NORTH CHARLESTON, S.C. — Although the U.S. Supreme Court has refused to hear the case, a sexually oriented shop plans to continue its four-year fight to remain open.

Attorneys for the Chateau Adult Theatre, which sells X-rated videos, magazines and other sexual paraphernalia, say they will appeal to state court the city's denial of a zoning variance.

"What I find so troublesome about this case is that the Chateau is in the right zone," said Tommy Goldstein, an attorney who represents the store. "They are in the area that the city has established for adult businesses."

The city requires sexually oriented businesses to be in industrial areas and at least 1,000 feet from churches or homes. The city Zoning Board of Appeals this week rejected the store's request for a variance from the rules.

The Chateau is in an industrial area but only about 950 feet from both Unity Church of Charleston and area homes.

"The city has had a long battle with sexually oriented businesses, including the Chateau, over the last 10 years," said Brady Hair, the city attorney. "We are hopeful that this is one of the final steps in the long process."

Goldstein asked the U.S. Supreme Court to hear the case earlier this year, arguing the business was there before the homes and church. The Supreme Court, which hears only about 2% of appeals it receives, refused.

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