Trial Date Set for Adult Store Lawsuit

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RAPID CITY, S.D. (AP) — A March 1 trial is scheduled in David Eliason's lawsuit alleging violations of free speech and due process when he was denied permission to open an adult entertainment store in Sturgis.

City officials 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.

Eliason challenges the constitutionality of state law and city ordinance regulating where the business can be located. He seeks unspecified damages from the city.

U.S. District Judge Jeffrey Viken said he will decide the constitutionality question. If Eliason prevails, Viken said the question of damages can be submitted to a jury.