RAPID CITY, S.D. — Rapid City officials are asking a federal judge to dismiss a lawsuit filed by a man who wants to open an adult-themed store.

The City Council in September voted to deny David Eliason a conditional use permit to open a sex shop called Dick and Jane’s Naughty Spot because no locations complied with zoning requirements. Eliason sued in October, contending his constitutional rights were violated.

The Rapid City Journal reports the city has hired outside lawyers to help the city attorney’s office fight the lawsuit.

Eliason used to own sex shops in Sioux Falls and Tea, and has faced similar restrictions before. A federal judge ruled against the city of Sturgis in 2013 when it attempted to force Eliason’s store out of its location.


Information from: Rapid City Journal, http://www.rapidcityjournal.com