RICHMOND — Richmond's city government is asking a judge to enforce a 2008 trial verdict and shut down an adult store or hit it with financial sanctions.
Richmond City Attorney Garrett Fowles told the Richmond Register the case is about zoning, not the morality of what's sold at the shop, which has been closed for renovation according to a sign on its doors.
"It has never been the purpose of the city to control what people can watch," Fowles said. "What we do care about is people profiting from wrongdoing."
Fowles said store owner Anthony Curry didn't disclose what the business would be selling when applying for a license in 2002. Court documents show Curry told the city he was opening a magazine and video store that would sell a few items of an adult nature. Once open, the majority of the store's inventory was reportedly of an adult nature. The store also had 14 peep-show booths and an adult video mini-theater.
"When you've been lied to and then that kind of business opens, it just isn't right," Fowles said. "They're thumbing their nose at the city."
By Richmond city ordinance, adult stores can be located only in industrial zones. Curry's store is in a business zone.
Curry exhausted his appeals in the legal battle when the U.S. Supreme Court refused Feb. 21 to review the case, which was upheld by the Kentucky Court of Appeals in 2010. The store was allowed to stay open as long as the case was being appealed.
The city may file a motion on its request on April 19 in Madison County Circuit Court. If the store doesn't close permanently, Fowles wants a judge to slap financial penalties on it.
Curry's attorney, Mike Hatzell, did not respond to multiple phone messages asking for comment. Calls to the phone number listed for the store went unanswered.