EFFINGHAM ,Illinois – The Illinois Fifth District Appellate Court has affirmed a 2005 injunction prohibiting the Lion’s Den, an adult book and video store, from operating within 1,000 feet of a municipal park and a cemetery in Montrose.

Effingham County State’s Attorney Ed Deters said Tuesday that the appellate court upheld the permanent injunction entered on July 13, 2005, by Judge James Eder. The bookstore appealed that order on grounds the state law banning such stores within 1,000 feet of certain municipal facilities was unconstitutional.

It could not be learned Tuesday whether the Lion’s Den would try to appeal the ruling to the Illinois Supreme Court.

“The appellate court’s decision in this case is a tremendous victory for the citizens of Effingham County, and especially for the citizens of Montrose,” Deters said. “While this battle may or may not continue in other forums, this decision means that for the foreseeable future, local citizens will not have an adult business selling pornography next door to the park where local children play.”

In a news release, Deters thanked Illinois Attorney General Lisa Madigan’s office and special Assistant State’s Attorney Scott Bergthold of Chattanooga, Tenn., for assisting his office in the trial and appeal of the case.

“Without their expertise in this area of First Amendment law, and our shared commitment to achieving the best result possible in this case, last week’s decision would not have been possible,” Deters said.

Montrose village Trustee Carolyn Jansen said Tuesday she became aware of the appellate court ruling Monday but had not had time to discuss it with anyone.

“I’m happy it went our way,” Jansen said. “It’s nice that finally we have one step against this kind of stuff. It’s a nasty product that shouldn’t be out there, though I know they have the right to sell it. This is one step toward the good.”