Abilene ? Dickinson County officials are considering scaled-back rules governing adult-oriented businesses in hopes of devising regulations that will withstand court challenges.

County commissioners are to meet Monday to discuss changes to an ordinance passed July 8. Those rules were immediately challenged as unconstitutional by the Lion’s Den Adult Superstore, an adult novelty store near Abilene just off Interstate 70.

“What we’re trying to do is come up with an ordinance that’s effective, but also constitutionally sound,” said Scott Bergthold, a Tennessee attorney working for the county. “We don’t want to have it struck down.”

The Lion’s Den’s challenge of the original county rules is scheduled for trial in January before a federal judge in Kansas City, Kan.

Bergthold said that could change if commissioners approve revisions, and attorneys for the Lion’s Den amend their complaint.

The proposed changes include:

• Reducing the distance adult-themed businesses must be from churches, schools, public parks, residences or another similar business to 1,200 feet from 1,500 feet.
• Eliminating a regulation that banned adult businesses from within 1,500 feet of an interstate highway.
• Increasing the hours such businesses can operate. Current hours are 10 a.m. to 10 p.m., but they would be changed 6 a.m. to midnight. The proposal also would revoke rules that mandate the closure of such stores on Sundays and holidays.
• Increasing the amount of adult material a business must carry before it’s covered by the ordinance, to 35 percent from 10 percent.

Bergthold said U.S. Supreme Court decisions have established how communities can respond to adult businesses.

“The Supreme Court has made it clear that you cannot ban adult businesses from a community,” he said, “but you can regulate the time, place and manner they operate.”