Colorado adult store has no valid business license, judge rules

By The Associated Press

10.19.02

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AURORA, Colo. — A judge has affirmed the revocation of the business license of Las Vegas Video Palace in Aurora, leaving the owners the option of seeking a new business license from the city.

For nine years, Aurora has tried to force the store, and another called Christal's, to move from their present commercial locations.

The ruling on Oct. 15 by Judge Thomas Levi affirmed the earlier revocation over the store's alleged violation of a prohibition on businesses with a "significant or substantial portion" of their stock or floor space consisting of explicit items in commercial or residential areas.

The stores' owners left the courtroom to apply for a new business license, but lawyers representing them said it was unlikely Aurora would grant it. The process could take more than a month.

Meanwhile, testimony continued in the case against Christal's.

Christal's attorneys said the store could not adhere to the law because the city has refused to set a percentage for how much adult material can legally be displayed.

"The city is essentially trying to nail jelly to the wall," said Michael Gross, Christal's attorney. "The store is trying to comply. Their vague definition for 'substantial and significant' is such a very broad term that it has major impact on free speech."

Lawyer Barry Arrington is representing the city and said it is a zoning case, not a case about free speech. The city permits the sale of hard-core, sexually explicit items, but only where such sales are allowed by zoning rules, he said.

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