JONESBORO, AR (KAIT) - A Jonesboro business is suing Mayor Harold Perrin after the city denied a certificate the business needed.
Adam and Eve Jonesboro, LLC is working to open its doors on South Caraway Road. However, city officials told the business it would need a conditional-use permit and certificate of occupancy. The city did not issue the certificate.
In an email from City Attorney Carol Duncan, the city told the business that it would not meet distance requirements based state law and city ordinances. The building Adam and Eve plans to use is close to a church.
Now, Adam and Eve Jonesboro, LLC is suing.
Region 8 News obtained a copy of the lawsuit filed in the Eastern District of Arkansas federal court. It names Mayor Harold Perrin in the lawsuit.
The lawsuit claims the statutes defining an adult bookstore or video store are too vague. The city alleges, according to the lawsuit, that some of the items Adam and Eve planned to sell would cause it to fall into that classification.
The lawsuit claims the "statute is an unconstitutional prior restraint on protected speech, is unconstitutionally vague and overboard, is not narrowly tailored to serve a substantial government interest, is arbitrarily and capriciously enforced by the defendants, and violates plaintiff's [Adam and Eve Jonesboro, LLC] right to equal protection."
Adam and Eve Jonesboro, LLC is seeking a temporary restraining order and a preliminary injunctive relief. The business also wants a judge to declare the state statute unconstitutional or rule that Adam and Eve will not operate as an adult bookstore and is not "subject to the statute."
Here is a copy of the entire lawsuit: