FULLERTON – from www.ocregister.com- — Fullerton officials have threatened to cite the owners of The Naughty Teddy, a recently-opened lingerie store on Commonwealth Avenue, for operating what they call an adult business in an area not zoned for it.
The Naughty Teddy focuses on selling elaborate and seductive women’s undergarments and other products, like “lubricants, sexual aids, novelty toys, instructional videos,” and other items, according to thenaughtyteddy.com.
A representative of the store declined to release the letter seeking closure of the business, while the city has had no comment.
Attorney Roger Jon Diamond contends that the store is not an adult business, even though the law is vague concerning what constitutes an “adult business” designation.
“First of all, the store is not an adult business and it’s not operating as an adult business” Diamond said. “But we want to get together with a city official to find out what products, what materials should be removed.”
He said if the city is not satisfied with abridging the store’s merchandise, then his client should be told where in the city is zoned for an adult business.
Diamond said if there is no area in the city zoned for an adult business, the city is in violation of the law.
“If that is the case, that the city is prohibiting the opening of an adult business, then that is unconstitutional.”
City officials have confirmed that a letter was sent, but said they thought litigation on the issue was likely and directed inquiries to the city attorney’s office.
The city attorney who authored the letter, Greg Palmer, refused to comment on the mailing, and staffers as of Thursday have not responded to a public information request filed Wednesday for a copy of the letter.
The Naughty Teddy was the feature of a highly critical blog post by the local political group Friends for Fullerton’s Future.
The author called the shop’s merchandise “trash.” The blog said that seeing the underwear-clad mannequins and other sexually-oriented merchandise would harm children and said allowing the business to operate was “engendering blight.”
Diamond said that the store was successful and was an example of the free market at work.
“We don’t understand why the city would shut down a functioning business,” he said. “If people don’t want the store there, they won’t shop there and the business will fail. This is free-market economics.”