RAPID CITY, S.D. (KELO.com) – A judge has ruled some of Rapid City’s laws regarding sexually oriented businesses are unconstitutional and cannot be imposed on a store that challenged their legality.
The ruling is a win for David Eliason, who runs Dick and Jane’s Super Spot on Deadwood Avenue in Rapid City.
Eliason had challenged some of the city’s rules in 2017 after the city denied his application for a conditional use permit to operate his business. Eliason won a temporary injunction to open his business and Monday’s ruling makes that permanent.
The court says the city of Rapid City is free to regulate adult-oriented businesses, but it must enact ordinances that do not violate the First Amendment.
City spokesman Darrell Shoemaker says they will review Monday’s decision and decided whether or not to appeal.
The judge also ordered both sides Monday to confer regarding a potential trial date to determine damages.
Eliason, who also owns an adult-oriented business in Sturgis, is seeking nearly $238,000 in damages.
(Gary Matthews, KBHB, contributed this report.)
