Fargo Looks To Change Adult Establishment Regulations In Middle of Romantix Lawsuit
FARGO, N.D. (KVRR) — With a legal battle over an adult bookstore’s proposed move in downtown Fargo, the city is looking to amend the municipal code when it comes to adult entertainment centers and establishments.
The first reading of an ordinance to change the code definitions and regulations was held during last night’s meeting.
The vote was four to one with Commissioner John Strand voting no.
The city has asked a federal court to dismiss a lawsuit by adult store Romantix.
The store wants to move from near the bus depot to 74 North Broadway but the city’s planning director turned them down.
The zoning regulations in that area do not allow adult bookstores.
With no decision on the lawsuit, Strand questioned the city’s timing.
“I have a motion, Mr. Chairman. I move…,” said Strand during Monday night’s city commission meeting.
“John you’re interrupting a public hearing right now,” replied Mayor Tim Mahoney.
“A motion to amend is a high precedent. I move that we delay this until the federal court case is resolved,” said Strand.
Mahoney replied, “It’s out of order” to which Strand said, “No it’s not.”
Attorney Howard Swanson told the commission, “The issues before the court are based on First Amendment. These changes to your zoning code are not premised upon First Amendment issues per se.”
The city wants to define what constitutes an adult bookstore.
The issue will return before the commission for possible changes and a final vote.