STURGIS — from www.rapidcityjournal.com – A Sioux Falls man is seeking a restraining order against the city of Sturgis after being denied an occupancy permit for an adult bookstore, Mayor Maury LaRue said Sunday.

The hearing is scheduled for 3:30 p.m. today before U.S. District Judge Jeffrey Viken in the federal courthouse in Rapid City, according to the mayor who believes state law gives the city the authority to deny a permit for an adult business.

“We’ve never had an adult-oriented business or had a need to regulate one,” said LaRue, who was at the Sturgis motorcycle rally on Sunday.

David Eliason, the former co-owner of Annabelle’s Adult Super Center in Sioux Falls and Olivia’s Adult Super Center near Tea, is seeking the temporary restraining order so he can open a Dick and Jane’s Naughty Spot near Exit 30 for the rally, the mayor said.

Eliason was unavailable for comment Sunday although at least one sign promoting the business has sprung up in Sturgis. When contacted, Sturgis city manager David Boone referred questions about the matter to City Attorney Greg Barnier, who did not immediately return a phone call seeking comment.

City officials relied on a state statute that prohibits adult-oriented enterprises from conducting business within certain distances of schools and churches when it rejected Eliason’s request for a Certificate of Occupancy permit, LaRue said.

“We’ve had to deny him an occupancy certificate, so he’s fired back the challenge,” said the mayor, who added that Eliason’s lawsuit will claim his First Amendment rights were violated by the denial.

A Sturgis couple interviewed Sunday said an adult bookstore had no business in their community, even during rally week.

“We need something better than that,” said Edna Cox, who along with her husband, Harvey, was watching motorcycles parade past their home on Williams Street.

Harvey said the rally already attracts too many questionable businesses to the normally quiet community.

“It’s no good,” he said. “I think Sturgis wants some kind of business but not that kind of business. I don’t want to see that here.”

LaRue said he understands why residents like the Coxes are so opposed to an adult bookstore coming to the community and supports their position.

“We’re a community with a tremendous faith population. This is not in demand in the community,” he said.