AlreadyDead (psykoboy2) wrote,
AlreadyDead
psykoboy2

Sex, lies and video tape.

"We want to see sexually explicit films," says Gary Edinger, the attorney representing X-Mart.

It was the sneaking around, the deceit that upset the council and the mayor more than anything else.

"Did you instruct them to operate without a license?" Mayor Bobby Bright demanded to know as he grilled Edinger at the lectern.

Mayor Bright told the council and the public the city shut down X-Mart on the Birmingham Highway Monday after learning the business tried to operate without a license, a fact Edinger was fully aware of.

"Our take on that is although we wanted to apply for a license because Montgomery says we should, we think we have a right to ignore the license because it's not a constitution law," argues Edinger.

Edinger believes the city's business license ordinance is 'too general, too broad, it lacks standards,' and plus Edinger said before the council this is more about the first amendment.

"These would be considered first amendment protected, porno movies. We would also sell lingerie, lotion potion, no live entertainment, no dancing," says Edinger.

The attorney pointed out Montgomery already has two so-called 'novelty' stores, one of which won a federal court order to reopen a few years ago but under very tight restrictions.

"I like to remind the council I've not always been a saved man," says Sex, lies and video tape.

"We want to see sexually explicit films," says Gary Edinger, the attorney representing X-Mart.

It was the sneaking around, the deceit that upset the council and the mayor more than anything else.

"Did you instruct them to operate without a license?" Mayor Bobby Bright demanded to know as he grilled Edinger at the lectern.

Mayor Bright told the council and the public the city shut down X-Mart on the Birmingham Highway Monday after learning the business tried to operate without a license, a fact Edinger was fully aware of.

"Our take on that is although we wanted to apply for a license because Montgomery says we should, we think we have a right to ignore the license because it's not a constitution law," argues Edinger.

Edinger believes the city's business license ordinance is 'too general, too broad, it lacks standards,' and plus Edinger said before the council this is more about the first amendment.

"These would be considered first amendment protected, porno movies. We would also sell lingerie, lotion potion, no live entertainment, no dancing," says Edinger.

The attorney pointed out Montgomery already has two so-called 'novelty' stores, one of which won a federal court order to reopen a few years ago but under very tight restrictions.

"I like to remind the council I've not always been a saved man," says Councilman James Nuckles.

Nuckles candidly admitted to being a customer at adult shops in his younger days. Today he says such a business should have no place anywhere, anytime in Montgomery.

"This is no way an economic development to the westside. We're trying to lift this part of Montgomery up," says Councilman Nuckles.

"People have a right to access these materials, they're widely available in this country," says Edinger.

In the end, Edinger lost his fight for X-Mart. The council voted unanimously against it. But Edinger hopes to persuade another panel, a panel of judges in federal court. He plans to file papers in court next week for an emergency injunction.


"This is no way an economic development to the westside. We're trying to lift this part of Montgomery up," says Councilman Nuckles.

"People have a right to access these materials, they're widely available in this country," says Edinger.

In the end, Edinger lost his fight for X-Mart. The council voted unanimously against it. But Edinger hopes to persuade another panel, a panel of judges in federal court. He plans to file papers in court next week for an emergency injunction.

I'm not really siding with the guy wanting to keep the store open. Bottom line is that he lost because he didn't get a permit. Plain and simple. However, it's this line that pisses me off a bit:

"Councilman James Nuckles candidly admitted to being a customer at adult shops in his younger days. Today he says such a business should have no place anywhere, anytime in Montgomery."

So yeah....what was the point of applying for the permit anyway, ya know?
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