NJ: Agreement over Fairfield adult book store termed legal
Tom Hester at the Star-Ledger reports on a New Jersey Superior Court opinion issued January 31st:
A state appeals court ruled today that an 18-month-old court agreement allowing the Essex Adult Emporium video and book store to operate on Route 46 in Fairfield is constitutional, but said town officials could return to court and seek to close or move the business based on new zoning laws.
The case began in 2005, when store owners DEG LLC were denied permission to open because a Fairfield zoning law prohibits a sexually-oriented business within 1,000 feet of a school, school bus stop, child care center, playground, park, hospital, place of worship or residential area. DEG filed a lawsuit in Superior Court, claiming the zoning law prevented it from operating anywhere in Fairfield and was unconstitutional because it prevented free speech . . .
Related: Hester’s follow-up, posted today.