Story Created:
Nov 19, 2009 at 10:18 PM CST
Story Updated:
Nov 19, 2009 at 10:18 PM CST
A juice bar in Mansfield, South Dakota with nude dancers was scheduled to open weeks ago and now the owner says he plans to file a lawsuit challenging a law that is preventing him from opening.
State law says that an adult oriented business cannot be within a quarter of a mile of a school, playground or place of worship.
There were questions about whether the owner of Hunter's Haven has a sales tax license needed to operate. It turns out he does have the needed license but a state ordinance is standing in the way.
The Spink County Sherrif, Les Helm, says if the juice bar opened it's door today an investigation is likely.
"There is a statute that prevents him from doing it. It's on the books and we're going to enforce it."
Hunter's Haven is right across the street from a park. According to a state ordinance that makes it illegal to open with nude dancers but Kit Donley's lawyer challenges that.
James Lester says there is "No connection between adult entertainment and adverse secondary affects."
Lester says the state would have to show evidence that adult oriented businesses cause increased crime or lower property values.
Hunter's Haven was scheduled to open at the start of the pheasant hunting season but has not.
"At that time there was a little bit of interest generated within the community. It's been pretty quiet since then."
Most residents in Mansfield say they want to keep it that way.
The owner of Hunter's Haven declined an expidited hearing back in October.
The hearing would have allowed a judge to determine whether the state ordinance applied to the juice bar.
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