Wichita to settle with adult bookstore
Wichita ? The largest city in the state could pay the owner of an adult book and video store $62,000 to settle a federal lawsuit.
The city shut down the Adult Superstore last summer, but the store reopened within two months at the same location and sued the city in federal court over lost business during the 45-day closing.
The Wichita City Council is scheduled to vote on the settlement during Tuesday’s meeting. The item appears on the consent agenda, which usually is adopted without discussion.
Christopher McHugh, the lawyer for the store, said he could not discuss the settlement until it has been approved. The store will stay open, he said.
Neighbors and members of the nearby Christian Chapel Foursquare Church have been trying to shut down the bookstore since it opened in February 1997. Both the city and county tried — and failed — to shut down the business.
The Sedgwick County Commission enacted an ordinance requiring adult bookstores to be at least 1,000 feet from a church, but allowed the store to stay open because it was in business before the ordinance was adopted.
In March 2000, Wichita annexed the neighborhood and told the bookstore it needed a license, which it then refused to grant because the store was within 500 feet of a church.
The store owner, Gail Crump of Dallas, claimed in a lawsuit that the city’s ordinance was unconstitutional because it imposed prior restraint on her rights to free speech. The ordinance also did not allow for a timely appeal of the City Council’s decision, she said.
The city has since changed the ordinance to allow for faster appeals, said Gary Rebenstorf, a lawyer for the city.




