Romantix files emergency motion to allow it to open
FARGO (KVRR-KFGO) – Romantix has filed an emergency motion asking a federal judge to issue a temporary restraining order by December 19 to allow the company to open its business at 74 Broadway N. by December 27.
The motion claims that if Romantix is not granted the requested relief and the city finalizes the amendments as expected by December 27, that action will permanently bar Romantix from operating in the location, even as it pursues legal recourse against the city’s code in its current form.
On Monday, the Fargo City Commission approved a motion to make changes to the municipal codes and regulations in city laws involving entertainment centers and adult establishments. The move came as the city is involved in a legal battle with Romantix, an adult store that wants to open a new store downtown.
Commssioner John Strand was the lone “no” vote to amend the code at Monday’s commission meeting. He said the city should delay the move, saying the timing between the changes being made and the Romantix lawsuit are connected.
“What would be wrong with waiting for the court to resolve this and to give us their interpretation? And then we can act on that information as well rather than proactively modifying our laws so that no matter what happens we will win,” Strand said.
A brief in support of the motion claims that the city’s new move to amend the code to more fully capture Romantix among the prohibited businesses downtown is “targeted destruction” and “underhanded abuse of government authority.”
Romantix sued the city in October after the city said the adult entertainment company’s planned store on Broadway didn’t meet the zoning requirements and denied a permit allowing it to open. The city asked the court to dismiss the lawsuit.
A second reading of the ordinance changes is expected on December 27.