EAST ST. LOUIS - A company has sued the city of Belleville in federal court, alleging the city improperly classified it as a “sexually oriented business," and denied a commercial occupancy permit.
"Plaintiffs are, in fact NOT operating an 'Adult Oriented Business' as defined by Belleville ordinances," says the suit filed by Shopping Delite, Inc. "At no place within the jurisdiction of Belleville, Illinois, is Plaintiff offering any premises to which the public, patrons, or members are invited or admitted and wherein an entertainer provides adult entertainment."
Shopping Delite claims it is specifically not operating any of the following: adult arcade, adult-oriented store, adult cabaret, adult mini-motion picture theater, adult theater, escort agency, massage parlor or a nude model studio or sexual encounter establishment.
The only items the store sells at its 4507 North Belt West location that could be classified as "adult" are purchased at Wal-Mart in Belleville, Shopping Delite claims in the suit.
The company seeks a court order "enjoining the city from failing to issue and actually provide Plaintiff with its Commercial Occupancy Permit, and any and all other permits
heretofore applied for, holding the Belleville Adult Oriented Business statute unconstitutional, as applied to Plaintiff."
Plaintiff is represented by Thomas Maag of Wood River.
Shopping Delight Inc. v. City of Belleville. U.S. District Court, Southern District of Illinois. 3:22-cv-01065