Effingham Daily News, Effingham, IL

Local News

August 5, 2008

Montrose approves adult biz ordinance

MONTROSE — Immediately before the Montrose Village Board passed an ordinance Monday that all but prohibits sexually oriented businesses in town, the village’s attorney told trustees she believes the ordinance will hold up in court.

“I don’t want to buy you guys into a lawsuit,” said Village Attorney Tracy Berberich. “But we believe this ordinance would be upheld in a constitutional challenge. We believe you would be in a good position.”

The 23-page ordinance culminates a fight that began when the Lions Den adult store chain opened a facility on the Interstate 70 frontage road in early 2003. The store closed in the summer of 2005, soon after Judge James Eder ruled its location violated state law by being too close to the village’s park. An appeal was denied, and the store remains closed.

The ordinance’s preamble outlines several reasons why sexually oriented businesses could be harmful in a community, including serving as a venue for prostitution and casual sex and association with increased crime and decreased property values.

The ordinance also specifies businesses deriving at least 35 percent of their income from sexually oriented items qualify as sexually oriented businesses. Berberich admitted there was little the board could do if a convenience store decided to sell pornographic magazines, or even have a back room with adult videos, as long as it didn’t comprise 35 percent of the store’s business.

To some board members, 35 percent was too much.

“So they can have the 35 percent whether we like it or not?” asked trustee Sally Hilton. “So we fought the book store (Lions Den) for nothing?”

Trustee Carolyn Jansen said a business under the 35 percent standard would not likely be advertising the sexually oriented part of the business.

“They would probably keep it more on the hush-hush,” Jansen said.

Hilton and trustee Bill Kingery abstained from voting on the ordinance, but Jansen and fellow trustees Danny Tague, Eric Esker and Marjorie Bushue voted to pass the village regulations.

Text Only
Local News
  • Easements still sought for project After an approval for work on a 21-mile water transmission line between Teutopolis and Newton at a meeting earlier this month, progress continued to trickle in at Wednesday night's Teutopolis Village Board meeting. The Village Board heard from Connor

    April 17, 2014

  • 2 in court on meth charges Jackson Adams Daily News Two individuals arrested on methamphetamine charges in Shumway appeared in Effingham County Circuit Court Tuesday. Tara L. Devoe, 18, of Shumway and Nathaniel S. Sparks, 23, of Beecher City both appeared with counsel before a

    April 16, 2014

  • Effingham eager to attract Pinnacle TONY HUFFMAN Daily News Pinnacle Foods is considering an expansion its operation into the former Fedders building. The project will bring up to 25 full-time jobs to the area. The City of Effingham is looking to make that expansion more appetizing wit

    April 16, 2014

  • Dieterich school meals to cost more Jackson Adams Daily News DIETERICH -- Parents can expect to see some higher costs at Dieterich schools in the next school year. Dieterich Superintendent Carrie Jackson said one of the more notable changes in fees will be noticeable in school breakfas

    April 16, 2014

  • Cathy-beach closed.jpg Beach conditions worry EWA

    Effingham Water Authority is putting the operator of Lake Sara beach on notice after health code violations have kept the beach closed for the past couple of years.

    April 15, 2014 1 Photo

  • Soybeans favored over corn

    The United States Department of Agriculture is projecting that farmers nationwide will plant more acres of soybeans this year than ever before.

    April 15, 2014

  • Water service to be interrupted for some Effingham residents Tuesday

    Water service will be interrupted along the following streets, starting at 9 a.m. Tuesday to repair and replace water main valves.

    April 14, 2014

  • Grant to make Dieterich sidewalks more accessible

    A Dieterich pedestrian accessibility project will receive $800,000 as part of transportation grants being given throughout the state.

    April 13, 2014

  • Farming accident claims life

    A Mulberry Grove man was killed instantly Saturday when a tractor he was driving flipped over on him while working on his property.

    April 13, 2014

  • Hodge.jpg Drug enforcement focus of new ISP commander

    Illinois State Police  Zone 7 Investigations Interim Commander Kelly Hodge will now head two districts as commander of Effingham-based District 12 and Carmi-based 19.

    April 13, 2014 1 Photo

AP Video
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.