Lawyer: Adult stores likely to ignore zoning

? A showdown is possible over a zoning law designed to force the city’s adult entertainment businesses to close or move by the end of this year.

Some stores likely will ignore the law because they don’t think the city has the right to displace established businesses, said Wichita attorney Charlie O’Hara, who has represented several adult entertainment stores in obscenity cases.

It’s not clear if the city would file lawsuits to shut down businesses that don’t close or move.

The law, which was approved by the City Council two years ago, takes effect at the beginning of the year. It limits businesses with adult entertainment licenses to areas zoned for limited industrial and commercial development and will affect three open stores.

“I guess it’s OK to look at it on the Internet at home, but it’s not OK to go to a store, bring it home and look at it,” O’Hara said.

But Jan Beemer, president of anti-pornography group Operation Southwind, which led the zoning effort, said people who live near the shops have to deal with decreased property values and other problems.

“We expect the city to make sure the law is enforced,” she said. “You get rid of them, your crime goes down.”

The law also requires the stores to be more than 500 feet from churches, schools, licensed day care centers, public parks, residential districts, the city’s Old Town entertainment district and other sex-oriented businesses.

But that doesn’t mean a church or day care can move into an area and force the adult video stores out.

Senior Assistant City Attorney Kelly Rundell said she couldn’t comment on whether the city will file lawsuits at its first opportunity in early 2008.

O’Hara said he hasn’t heard of an impending action, but he’ll be ready.

“I assume if they try to do it we’ll be back in court,” he said.

The city’s law raises questions about First Amendment free speech issues and property rights, O’Hara said