By Ryan Dean
PEVELY, Mo. (KSDK) - Our breaking news center has learned about a ruling in a legal battle we've been following for two years now between an adult store and the City of Pevely.
According to court documents sent to us by one of the parties involved, a federal judge ruled in favor of the store.
The documents indicate the City of Pevely's actions in trying to stop Pure Pleasure Boutique from operating were deemed unconstitutional.
Pevely city leaders denied the boutique a business license, claiming it was a sexually oriented business. The boutique disputes the claim because it did not sell pornography. According to the documents, the boutique offered lingerie, lubricants, novelties and marital aids.
The judge ruled the city's ordinance leaders passed to provide stricter regulations regarding adult shops, was passed only after the elected leaders learned of the boutique's business desires.
"As a matter of law, a City cannot adopt an ordinance that is motivated by the desire to suppress protected First Amendment Rights."
The judge is ordering the City of Pevely to issue Pure Pleasure Boutique its business license. It also appears the city is ordered to pay for attorney's fees and damages.
Pevely City Administrator Jason Eisenbeis issued the following statement Friday morning regarding the judge's ruling:
While the City is disappointed in the ruling, we respect Judge Autrey's decision. The Mayor and Board of Aldermen along with the City Attorney will soon meet to discuss how to proceed in the best interest of the City. It is the policy of the City of Pevely, not to comment on pending litigation. The City conducts its business in a serious and legal manner.
Until a decision is made by the Mayor and Board of Aldermen there will be no further comment.