South Dakota smut peddler David Eliason wins a round in court. U.S. District Judge Jeffrey Viken says the city of Sturgis improperly denied Eliason an occupancy permit for a masturbation-aids store in 2010. Viken denied Eliason an emergency restraining order in 2010 that would have allowed him to open that store during the 2010 Sturgis Rally. Eliason has since found another naughty spot (as anyone cruising I-90 around the Black Hills will know from the new, annoying billboards), but he's still pressing his case that Sturgis and the rest of the state should not be able to keep him from setting up sleaze shops near schools, churches, parks, and other places frequented by children.
Sturgis city manager Daniel Ainslie says Eliason is getting into more trouble at his current location, but that Judge Viken's ruling may make it tough to prosecute. The judge's ruling may also torpedo zoning rules against smut shops statewide:
But, Sturgis City Manager Daniel Ainslie says the decision puts the city in a predicament, because the city had been using the state’s definition of an AOB to make its ruling.
“What we believe is that the judge is saying the state statute was unconstitutionally vague. So we are reviewing the case to see what impact this is going to have on future cases” [Gary Matthews, "Owner of Sturgis Adult Novelty Store Wins Initial Court Case over Location," KBHB Radio, 2013.03.11].
I look forward to decriers of the nanny state cheering this ruling as Eliason franchises bring porn and dildoes to their neighborhood playgrounds and church front steps.
"I look forward to decriers of the nanny state cheering this ruling as Eliason franchises bring porn and dildoes to their neighborhood playgrounds and church front steps."
How about near schools? It would compliment the government's sex (so-called) education propaganda.
Irony abounds.
Steve, if we as a society really want to reduce the incidence of abortion then realistic sex education programs and easily available contraceptives are an important part of the equation.
Nick, what has happened to the abortion rate since the schools began teaching sex education? Who is behind the sex education agenda? The same people who make money performing abortion as birth control.
Maybe not Steve.
http://www.washingtonpost.com/blogs/wonkblog/wp/2012/11/23/surprise-the-abortion-rate-just-hit-an-all-time-low/
Live & let live. If you don't like the store then don't go there. No need to be your brother's keeper though.
Nick, I thought you were smarter than that. The propaganda piece syas abortion is at a all time low and the graph starts at year 2000. Why didn't they go back to 1973, or 1900, or 1800?
"If you don't like the store then don't go there."
I am paying for the store whether or not I do business with it or want to do business with it. It is call the public school monopoly, which is very much like, and works in concert with, the GOP monoplistic crony capitalism. Check out my latest post at Sibbyonline.
Cory, West River is a hole: just let it die so it can become part of the Greater Missouri Basin National Wildlife Refuge.
I guess I am confused about this. From what I have seen the guy just owns a pretty standard adult store. Why the hostility? I didn't really expect that kind of puritanical attitude on this blog of all places. It doesn't seem your issue is with the location but the store itself.
ironic that in a puritanical state like south dakota, the right to privacy exists only for men, dont'cha think?
Ironic that under federal law an out of state tribe could buy off-reservation land in Meade County near the high school could open a clinic offering full reproductive choices to women immune to state law.
Here you go Steve.
http://www.johnstonsarchive.net/policy/abortion/graphusabrate.html
The reason for the big jump in the early 1970's is Roe v. Wade allowed the procedure to come out of the back alleys so prior to that time there were no credible stats on the incidence.
So Nick, we are to "assume" that "ALL" abortions today would be done anyway, even if illegal? That if we make meth legal, only those who do it today will continue to do it? Meth use would not go up?
"we?" you mean the voices in your head, sib?
No Steve, don't be silly. But increased use of contraceptives and realistic sex ed would reduce the incidence of abortions much more than "banning" them would.
As for drugs, legalize them all and tax at rates high enough to fund drug treatment programs and pay for the damage they do to society.
This is definitely the sort of blog post I would expect to read on a far less liberal website than this one supposedly claims to be. I have to say that I'm a bit disappointed in the narrow-mindedness of this post. Puritanical indeed.
it's satire people. irony to expose the lack of access to important things like reproductive health while freedom of expression is denied for south dakota's women.
If it is irony, it's a rather clumsy attempt at it, as it makes no reference to women's reproductive health. Particularly when previous articles on the subject say things like this:
"David Eliason pollutes any town in which he does business with his arrogant disregard for law and decency. And it takes a special kind of jerk to brand a sex shop with the name of a children's book. Call it inconsistent with my liberal principles, but I am happy that Eliason lacked the capital to move his business back to Sturgis Main Street."
What's your point?
It's an agreement with the previous poster Michelle, that this seems an overly puritanical post for a liberal blog. To quote my first comment in full to RE-illustrate my point:
"This is definitely the sort of blog post I would expect to read on a far less liberal website than this one supposedly claims to be. I have to say that I'm a bit disappointed in the narrow-mindedness of this post. Puritanical indeed."
How is the community of Sturgis served by pandering to the residents of Fort Meade: the main market for these products?
So now it's not irony? I'm sure the store pays taxes to Sturgis and I'm sure that members of the Sturgis community will go there, no matter how high and mighty some would pretend to be about an adult store.
How is the community of Sturgis (or the state, for that matter) served by pandering to residents that wish to control the First Amendment rights of others?
Maybe they should wait 72 hours (excluding weekends) to exercise their First Amendment rights.
So Nick, the idea of preventing the problems (Meth use, ablortions) in the first place is out of the question? Where in our Constitution does it say that I have to pay for the consequencies of people having their irresponsible fun? Where such fun is the opposite of the "common good".
They were implied by the authors and didn't have to be stated, Sib:
http://www.jeffersonhour.com/listen.html
I'm confused. Is Sibby defending Eliason? Here's the latest on D.E.: http://www.keloland.com/newsdetail.cfm/former-employees-sue-owner-of-two-adult-super-centers/?id=145090
"I'm confused. Is Sibby defending Eliason?"
Noat at all Dougal. But Planned Parenthood and the NEA are helping him with market demand.
28 degrees, cloudy, and windy in Mitchell: you're life must be a living Hell, Sibby.
yore.
Sometimes I think Sibby wants to live in the days of yore.
It's not satire. Being liberal doesn't have to mean thinking the objectification of sex and women is acceptable community behavior, certainly not where children can see it. Sex isn't about toys and games. Eliason's smut shop pollutes my community as surely as the Keystone XL pipeline.
Turning sex and women into commodities can lead to bad behavior, the kind that lands some people in court.
Speaking of which, David Eliason's sexual harassment trial opened in Sioux Falls today.
Women frequent adult stores too. And last time I checked, the wares in the stores are not on public display. Children can't just walk in and look at the items.
Dave Eliason may personally be a vile human being. I don't know. But he runs a legal business that doesn't require any taxpayer subsidies, and actually pays taxes. I've never set foot in one of his stores, but if men & women choose to go there they don't need my permission or Cory's. Nor is it any of my business - or Cory's.
Cory, maybe you and the GOP can find common ground and pass a law requiring these businesses to include chastity belts (or gun safety locks) with every purchase. Or put a prohibitive tax on dildoes. There's got to be a way for you to force your personal beliefs on everyone else. Think, man.
Objectification? The four Amazon top sellers for 2012 (that no one claims to have read, and that outsold all the Harry Potter books combined) were written by a woman: the 3 separate Fifty Shades of Grey books and the combined 3-pack. Objectification, good grief. Rather folks are struggling to understand their emotional, psychological, physical, and spiritual inner beings in this repressed culture.
Sex may not be about toys and games. However, it can be.
God Bless America.
Nick Nemec is probably too pessimistic about the dangers of licensing pot. Making it legal would remove a lot of sellers. The legalization in Colorado and Washington state have cost the Mexican drug cartels billions already.
But, license the buyers and the sellers. Do the same with alcohol and gambling. Then apply sales tax unless prescribed by a physician.
Mostly related:
http://www.ksfy.com/story/21627806/judge-says-jury-should-decide-sturgis-trademark