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David Eliason Wins Another Victory in Court

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Eliason should keep up being his own attorney because he’s certainly doing better than the adult industry ones. Back story:

STURGIS, South Dakota — State Attorney General Marty Jackley said he will continue to work with Sturgis officials on the city’s response to a court ruling that favored an adult entertainment store’s owner.

David Eliason, owner of Dick and Jane’s Naughty Spot, said last week he had no plans to move the business after a federal judge ruled the city had violated his rights in a dispute over the store’s location.

U.S. District Judge Jeffrey Viken ruled that the city of Sturgis erred in not giving Eliason an occupancy permit when he wanted to open an adult-oriented business in 2010. Eliason eventually opened the business in another building, but the city then charged him for violating zoning laws regarding adult-oriented businesses in that location.

Jackley told KBHB Radio that his office is consulting with city officials in the aftermath of the court decision. He said Viken ruled the state’s zoning scheme is constitutional but there were problems in how it was applied in Sturgis.

“The attorney general’s office is continuing discussions and plans to work with the city of Sturgis to address whether the appropriate avenue is to file an appeal or whether it’s to look at changing the state statute or changing the city’s zoning ordinance,” Jackley told the radio station.

Meade County State’s Attorney Kevin Krull said as of now, charges are no longer being filed against Eliason, who also won a civil lawsuit last week in which three former female employees sued him for sexual assault.


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