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STURGIS, S.D. – A federal judge in Rapid City has rejected on a technicality a man’s effort to open an adult entertainment store in Sturgis.

David Eliason [pictured] said his rights to free speech and due process were violated when the city refused to allow him to set up shop in a former auto dealership off Interstate 90. He was seeking a temporary restraining order so he could do business during the remainder of the Sturgis Motorcycle Rally.

Sturgis officials had said the business did not comply with state statutes, primarily one requiring an adult-oriented business to be at least one-fourth of a mile from areas such as schools and churches.

U.S. District Judge Larry Viken said the plaintiffs had failed to notify the state attorney general’s office that they were challenging the constitutionality of state law regulating adult-oriented businesses.