Wichita, Kansas- In some ways, the fight over Wichita’s adult entertainment shops centers on just eight people. Eight people–six men and two women, three of whom are from out of state–hold the licenses for the 15 X-rated retail shops at the center of a zoning controversy and grand jury investigation.
The city of Wichita, led by Mayor Carlos Mayans and a group of residents who say they are sick of smut, has yet again declared war on porn shops.
While members of a grand jury meet to determine whether the stores violate community standards on obscenity, the city is proposing new zoning rules that would force some of the stores and escort-service businesses to move to less-visible areas.
Mayans said he expects the city to be sued if it goes forward with the changes.
The store owners say that the First Amendment protects them and that what they sell helps people enjoy stronger, healthier relationships. They note that much of what they sell is available on the Internet.
“We don’t want nor do we try to force anybody through our doors into our stores,” said Robert Floyd, an Oklahoma City man who owns two Priscilla’s stores in Wichita. “We only want our good customers in Wichita, which we have many of, to frequent our stores.”
Opponents say the businesses lower property values, put stress on families and encourage addiction to pornography.
The adult stores are a detriment to the “quality of life and standard of living in the areas surrounding these businesses,” said City Council member Jim Skelton.
Throughout the controversy, the eight businesspeople who operate the stores largely have remained unnamed and silent.
Getting a license to open an adult store in Wichita is fairly simple. Applicants must be at least 18 years of age, pay a $100 fee and be free of felony convictions for five years.
Under city code, the operator of the business, who may or may not be the owner, must be licensed.
The city also requires that all officers, directors and stockholders holding more than 5 percent of stock in the corporation meet the licensing requirements.
But of current licenses, only the three After Dark Video stores list an officer other than the operator.
That has led some people to question how closely the city regulates who is behind the businesses.
Capt. Ken Atnip, supervisor of special investigations for the Wichita Police Department, said that is a concern for any licensed business, not just an adult entertainment license.
“The whole purpose of the application process is to be above-board. If we found out that that was not the case on any license, we would certainly act upon that,” Atnip said.
The police department reviews all operators and others listed on the license applications.
But Atnip said “there’s just so much we can do as far as a check. I can check what goes on in my database. I can’t tell you what goes on in California or New York unless somebody tells me, ‘Hey, go look for it.’ ”
Atnip said police have access to a national crime database but use it for investigations only, not in license application reviews.
The licensing form asks whether anyone listed on the application has been found guilty, placed on diversion or pleaded no contest to a felony or morals charge in the past five years.
People who answer “yes” are not eligible for a license under the city code.
Two of the local businessmen involved in the adult entertainment industry have felony convictions from the 1980s.
Ernest Doyon Jr., who operates Vegas Video, has a felony conviction from the late ’80s. Doyon was sentenced to two years in federal prison in 1989 after trying to buy 2.2 pounds of cocaine from an undercover agent.
Three X-Citement Video stores contain Camelot Cinemas. Those cinemas, according to the Wichita Corporate Offices Web site, are owned by Consolidated Property Developments.
James Trotter is the registered agent for the property company, which also owns the properties where two X-Citement Video stores are.
Trotter was convicted in 1983 on two counts of habitually promoting prostitution. He also was convicted of promoting prostitution in 1976. In 1982, he pleaded guilty to two counts of federal income tax evasion.
Valerie Washington, the operator of X-Citement Video, also faced charges in 1980s.
She had three counts of promoting obscenity dismissed in 1988.
Washington is also the owner of Jezebel’s strip club.
One other operator also owns a strip club.
Norman Massey Jr., owner of Circle Cinema and Zigefield’s, owns Pleasures.
Mayans says he’s never been inside an adult store. In fact, whenever he passes one, he says he wonders to himself, “What kind of individual frequents one of those places?”
Adults who enjoy a healthy sex life, the Priscilla’s owner said.
“If the mayor would like to come visit our operation, I would be happy for him to do that,” Floyd said.
Of the operators, only Floyd agreed to be interviewed.
Most declined to comment or did not return phone calls.
Floyd owns 13 Priscilla’s stores–the two in Wichita, two in St. Louis, four in Tulsa and one each in Enid, Okla.; Oklahoma City; Springfield, Mo.; Springfield, Ill.; and Chicago. There are other Priscilla’s stores, including in Lawrence, Olathe, Topeka and Kansas City, Kan.
Floyd’s first Wichita store opened on the west side about 12 years ago, and about four years ago, he opened on the east side. His store near Kellogg and Rock had to be moved to South Rock Road because of the Kellogg project.
The city paid to move his business, he said.
Floyd said he’s proud of his stores. His managers have full medical coverage and a retirement plan funded by the corporation, he said.
“We don’t pay minimum wage. We are a sound operation,” Floyd said.
Before anybody can work for Priscilla’s, he said they have to sign a release that allows the corporation to pull criminal and financial records.
“If they have a criminal background, they’re not hired,” Floyd said.
Priscilla’s stores are well-lit and a popular place for bachelor and bachelorette party gifts. The stores sell sex toys such as vibrators and sex-themed games as well as lingerie.
“We have employees that understand our products and can talk about them in an adult, mature way and can help people become better lovers with their partners,” Floyd said.
Floyd’s store on West Kellogg is one of seven Wichita adult stores targeted by Operation SouthWind, which gathered enough petitions for the grand jury investigation.
Jan Beemer, president of the group, said graphic movies were a concern at most stores, including Priscilla’s. She said the store sold movies depicting what she would describe as “violent” sexual acts and also had some movies in which the stars appeared young.
The other stores targeted are the Adult Super Store at 5858 S. Broadway, After Dark Video at 7805 W. Kellogg, Camelot Cinema at 1515 S. Oliver, X-Citement Video at 220 E. 21st, X-Citement Video at 1306 E. Harry and Zigefield’s at 4200 W. Kellogg.
The 15 stores in Wichita vary greatly. Some only sell and rent X-rated movies, depicting a variety of sexual acts, including group sex and sodomy.
Others sell toys such as dildos shaped like Bill Clinton.
Some stores have private rooms for viewing videos.
The city’s health code says that only one person is allowed in the private room at a time. Operation SouthWind maintains that the private booths provide a place for illegal sexual activities.
Because of the grand jury investigation, Atnip, the police captain, would not discuss how often police patrol adult entertainment shops to ensure that they comply with city code.
But he said that”we will do audits of establishments that apply and receive licenses.”
The 150-member Christian Chapel Foursquare Church at 5828 S. Broadway has been battling the Adult Super Store since 1997.
One of the biggest problems, pastor David Meadows has said, is pornographic trash blowing over from the store’s parking lot, materials dropped or discarded by customers.
If the grand jury decides the state can pursue an obscenity case, the seven businesses could be fined or face jail time.
The Adult Super Store would have to move under the new zoning plan the city is considering.
Candi Peters tends bar sometimes at the Post Stop on South Broadway, just down the street from the Adult Super Store.
As she answered the phone and grabbed a customer a beer, Peters said forcing the store to move would be ridiculous.
“It’s not like they have lewd advertising outside,” Peters said of the Adult Super Store, owned by a Dallas woman.
Bar patrons chimed in that the Adult Super Store is well-lit, fenced and looks better than many of the businesses along South Broadway.
The city is considering a plan that would limit adult stores and escort services to general commercial, general industrial and limited industrial zones. Such establishments could not be within 500 feet of a school, public park, church or residential zoning area or another adult business.
At the same time, a grand jury is meeting to determine whether the videos, magazines and toys shops that the Adult Super Store and others in Wichita sell are obscene.
Peters laughs.
If those items are obscene, she said, then so are the trucks with pictures of aborted fetuses that anti-abortion groups drive across town.
“Now that’s lewd,” Peters said.
In August, the city extended a moratorium on new adult entertainment licenses until Nov. 15 while it works on the zoning plan.
“We know that regardless of what we do, we are going to be sued,” Mayans said. “We are very carefully looking and researching what other communities have legally been able to do with the least amount of conflict.”
Mayans also admitted that “we can have any kind of rules, but the fact of the matter is people get around them. There’s a lot of money in this business.”
Charlie O’Hara is a Wichita lawyer who has represented some people in the adult entertainment industry, including Massey of Circle Cinema and Zigefield’s.
O’Hara hasn’t seen the proposed zoning but said, “If they try to run existing businesses out of businesses, I would think there would be a fight.”
The City Council’s Skelton said the current thinking is that businesses would have a year to move.
“Are they going to pay the relocation fees?” O’Hara wonders. “Just think if they did that to any other business, what would they think?”
Mayans would like to close all adult stores but knows that is not a possibility.
“I wish we did not have those kind of businesses in our community,” he said. “But we cannot legally ban them if they are not involved in obscenity.”
The Rev. Pete Dominguez, vice president of Operation SouthWind and pastor at South City Southern Baptist Church, has been involved with the anti-porn group since March.
He understands that no one forces people to go to adult stores, but he believes there are negative secondary effects including decreased property values, stress on families and addiction to pornography.
Dominguez said there’s no place in Wichita for adult stores.
“We’re supporting the mayor in his attempt to rezone these places of business, but my personal opinion is these businesses need to be completely done away with.”