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Dear Sen. Padgett,
I am very disappointed to see that you are a co-sponsor on SB 27 – Regulate Adult Establishments. Your sponsorship of this bill shows that you do not respect the rights of other adults to live their lives as they see fit.
All other bad portions of this bill (the stripper – 6ft rule for example) aside, I would like to specifically address the portions of this bill that would directly affect my business.
My wife and I own and operate Private Desires Lingerie & Erotic Boutique in Zanesville, OH. We are a strictly a retail establishment that sells products for adults to enjoy in the privacy of their own homes. We do not have viewing booths, or provide any nude or semi-nude entertainment.
First of all, under Zanesville zoning law our store is NOT an adult establishment. It is a lingerie shop with a back room that happens to sell adult products. Zanesville defines an adult establishment as “a business where minors are always prohibited by virtue of their age”. Since the business has a front room where we sell lingerie, hosiery, costumes, lotions and oils, and a minor-restricted back room where the adult products are kept, it is not zoned as adult. This is similar to various video stores and other retail outlets in the city that offer adult products. Private Desires is currently a legally operating business with all necessary permits, is current on its taxes, is an employer to three people, and is a contributor to various charities within this community. In short, our store is no different from any other local business that is supporting the needs of its customers and the community.
Under SB 27, the city can, after the fact declare that the shop is now an “adult business” and create all sorts of new licensing regulations and fees specific to our business. In fact, the wording of the law is so vague that the local Spenser’s Gifts could be construed as an adult business. This law also prescribes the hours I can operate. Why should we be considered any different from any other retail business? I don’t see you sponsoring bills regulating the hours the local Wal-Mart may operate. And just for the record, our business is open from noon to midnight, far fewer hours than the local Wal-mart.
I also see that this bill provides expedited procedures for declaring a business a “nuisance”. Let me assure you that our business is not, and has never been a “nuisance”. In fact, as we found only one landlord willing to rent to us after an exhaustive search, the store is located in an area which was already well-known for drug and prostitution problems. I have been so successful in keeping the prostitutes away from the store’s lot and the corner behind it that the downtown association has recently had to install cameras as the prostitutes have moved there for greener pastures.
If our business is found to be a nuisance for simply selling products for adults to enjoy in the privacy of their own homes, the city would then be able to seize the business’s assets and sell them to recover its costs incurred in prosecuting me. Gee, Joy, have you ever heard of Fifth Amendment due process laws? Apparently not.
The Supreme Court has long held the rights of adults to own sexually explicit material and devices. Why would you place prohibitive restrictions on our store, which only seeks to provide our customers with legal products that they are seeking out?
Perhaps you are part of the minority of this country that seeks to impose its religious and moral views on all other Americans. The growing movement of Theocratic Dominionists that you are supporting by sponsoring this legislation are nothing but a bunch of fascists who do not respect the constitution of the United States and our long tradition of pluralism, individual liberty and the freedom of adults to live without government interference in their personal lives.
I hope that you will reconsider your position on this legislation.
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