MARSHALL, Ill. — It took four mayors, more than half a million dollars, and the combined efforts of ministers and police, but after two decades, the adult bookstore battle is finished.
“It means we have a much better community to live,” Mayor Ken Smith said of The Gift Spot’s agreement to close its doors by Sunday.
Smith and city attorney Richard Bernardoni announced Wednesday afternoon at a media conference that an out-of-court settlement has been reached between the city of Marshall and Illinois One News, Inc. and 1002 North Illinois One, LLC with respect to the adult-oriented novelty store located near Interstate 70 and Illinois Route 1.
The agreement, according to information provided by Smith, is that the company “will not operate or permit to be operated any adult use business on the property or any business in which their owner has any interest in or any other business that is substantially similar to The Gift Spot.”
Roy May, of Chicago, owns about 44 adult novelty stores through a variety of holding corporations, Smith said.
May could put a different one up next week in another part of Marshall, so long as it’s zoned industrially, Smith said.
However, none of those spots is located at the entrance to the city, he added.
“You can’t pray them out. You can’t preach them out. You have to zone them out,” Smith said, referring to the advice lawyers have given him and others through what has been nearly 20 years of battle with adult entertainment venues.
According to Bernardoni, zoning was “the linchpin,” noting that legally a city cannot prohibit a business from “plying its trade,” but they can control where the trade is conducted.
Both Bernardoni and Smith said the operation of an adult novelty store at the town’s entrance from the interstate gave a “bad impression” of the community, one they claimed has steered industry away in the past.
But the fight actually kicked off around 1989 under Mayor Richard Smitley’s administration, when a different adult-oriented business opened up on the city’s east side, Smith said.
The fight against The Gift Spot has been ongoing since the late 1990s, he said.
“The cost was quite substantial if you go beginning to end,” Smith said, guessing the two decades of legal bills to be between $600,000 and $700,000.
Some have balked at the value of waging such a costly fight, he said. To Smith though, it was worth it.
“We have a much cleaner community,” he said.
The money woes went both ways, as The Gift Spot’s owners were looking at cumulative fines of $750 per day per corporation over a multiyear period, Bernardoni said.
It took years for the city to win in federal court the ruling stating its zoning regulation regarding adult businesses was constitutional, he said. But once won, they immediately fought to enforce it, with maximum fines set at $750 per day.
For his part, Smith said he thanks the Gift Spot’s owners “for finally coming to terms” and agreeing to close at the interstate location.
Although the city does not plan to buy the soon-to-be-vacated building, Smith said they would help market it to another business.
“We will help them out of town,” he said of the Gift Spot.
Brian Boyce can be reached at 812-231-4253 or brian.boyce@tribstar.com.
Local & Bistate
Related Photos
-
Jim Avelis
Discussion
Marshall adult bookstore to close
City, Illinois One News reach out of court settlement
- Local & Bistate
-
-
Packing the hall
If you didn’t come early, the seats were hard to find.
-
Alternative-fuel project has Rose, ISU students all charged up
The future of Earth’s auto industry is intertwined with the career prospects of local university students, and a world-class team shined with green energy Sunday.
-
Montford Point Marine
In 1943, 19-year-old Ezell Odom was on the sandy beach of a tiny South Pacific island about 7,000 miles from his parent’s home in Terre Haute.
-
K-9 officer Shadow honored as a hero
A Terre Haute K-9 officer injured in the line of duty has been honored as a hero by the Indiana Veterinary Medical Association.
-
Freezin’ for a Reason
Hundreds lined up outside Hulman Center amid frigid air to participate in a warm-hearted cause.
-
Even as law, right-to-work dominates crackerbarrel
The flames of the right-to-work debate were gone, but the coals still seemed to smolder.
-
Vigo School Board to give OK on bonds for DeVaney project
The Vigo County School Board will meet at 6 p.m. Monday in the administration building, 686 Wabash Ave.
-
Bridging the gap to ‘forever’
They can be taken from their homes by strangers for reasons they may not understand, with no possessions other than the clothes they are wearing.
-
Students showcase keen problem-solving skills at Rose-Hulman
For the 16th straight year, Honey Creek Middle School students came out on top in the Wabash Valley MATHCOUNTS competition at Rose-Hulman Institute of Technology.
-
Ivy Tech to celebrate Black History Month
Ivy Tech Community College will celebrate Black History Month with a series of events at its campuses statewide.
-
Whitney Houston, superstar of records, films, dies
Whitney Houston, who ruled as pop music's queen until her majestic voice and regal image were ravaged by drug use, erratic behavior and a tumultuous marriage to singer Bobby Brown, has died. She was 48.
-
Giant welcome home for Steve
Terre Haute was suddenly home to thousands of cheering New York Giants fans Friday as residents welcomed Super Bowl champion Steve Weatherford back home for a parade.
-
‘One for Terre Haute,’ Steve tells crowd at North
“This one was for Terre Haute,” native son Steve Weatherford proclaimed Friday as he shared his Super Bowl victory with the community that helped send him on the path to a world championship.
-
Hometown support vital to success, Weatherford says
Steve Weatherford said Friday he wouldn’t be celebrating a Giants’ Super Bowl victory if not for the support he’s received from his hometown, his parents and mentors in his life.
-
Craning for a rare glimpse
A visitor from the Far East has naturalists flying to Linton, hoping some good comes from one bird’s bad directions.
-
Vigo’s primary election filings complete
The slate is set for the May 8 primary election, with the race for three at-large seats on the Vigo County Council drawing the largest pool of candidates at the county level.
-
Documentary on electric vehicles plays Sunday at Rose
The rising popularity of electric vehicles and their impact on the world eco-system is the focus of a documentary, “Revenge of the Electric Car,” being presented at 3 p.m. Sunday in Rose-Hulman Institute of Technology’s Hatfield Hall Theater.
-
Man gets 10-year sentence in battery case
A West Terre Haute man received a 10-year prison sentence Friday after pleading guilty to aggravated battery for beating a friend caught in bed with the man’s wife.
-
Asian hooded crane lands in Greene County wildlife area
Bird watchers are flocking to a southwestern Indiana wildlife area to try to catch a glimpse of a crane usually spotted only in Asia.
-
Slow drips: It’s maple syrup season in Indiana
More seasonal, colder temperatures will hit the Wabash Valley this weekend, which is ideal weather for maple syrup production, said Keith Ruble, superintendent of the Vigo County Parks and Recreation Department.
However, Ruble voices concern that this year’s maple syrup season may be short.
-
Downtown restaurant celebrates expansion
The streets of Terre Haute were chilly Thursday night, but for the glow of hot pasta inside Louise’s Pizzeria and Cafe.
-
Contract signed for new Y
Papers are signed and the ink is in place for a new YMCA to operate in Terre Haute.
-
City to impose $30 release fee on towed vehicles
The Terre Haute City Council voted without opposition Thursday to impose a new $30 release fee on vehicles towed and impounded by the police as part of a criminal investigation.
-
Valley educators cautious on Indiana’s ‘No Child’ waiver
Indiana is one of 10 states to receive a waiver from federal No Child Left Behind requirements.
-
Driver dies after Illinois school bus crash
“Brace yourself. Brace yourself,” Fay Pickering shouted to her students just before the school bus she was driving crossed U.S. 40 and landed in a ditch Thursday morning.
-
Trial date set for former WTH police chief
A July 23 trial date has been set for a former police chief of West Terre Haute accused of theft.
-
Motorcycle gang member pleads guilty in federal court
A member of an Indianapolis motorcycle gang who delivered methamphetamine to a Terre Haute dealer has pleaded guilty to drug charges in federal court.
-
July trial date set for mother charged with child neglect
A July 30 trial date has been set for a Terre Haute mother charged with neglecting and battering her toddler.
-
Business hosting SPPRAK fundraiser
Java Haute is hosting the latest fundraiser sponsored by SPPRAK — Special People Performing Random Acts of Kindness.
-
Valley high school cooking competition under way today
Clabber Girl Corp. and Gordon Food Services will host the fourth-annual High School Chef Competition, beginning today through Saturday, and again Feb. 18, in the Culinary Classroom at Clabber Girl.
- More Local & Bistate Headlines
-
Raw Video: Greek Rioting Ahead of Austerity Vote
Pop Music Superstar Whitney Houston Dies at 48
Raw Video: Whitney Houston's Last Performance
Coroner: Houston Autopsy Results Weeks Away
Reaction to Houston's Death at Clive Davis Party
Whitney Houston's Church Mourns Her Passing
Police: Houston Found Dead in Her Hotel Room
Raw Video: Child Rescued After Kosovo Avalanche
Severe Cold Wreaks Havoc in China
Fans 'Speechless' Over Houston's Death
Fuel Removal Under Way on Capsized Italian Ship
79 Turtles Seized at Shanghai Airport
Snow Strands Italian Towns
Recording Superstar Whitney Houston Dead at 48
Video of M.I.A's Obscene Halftime Gesture
Paul Suffers Narrow Loss to Romney in Maine
Palin Brings Anti-Washington Message to CPAC
Raw Video: Deadly Blasts in Syria
Stocks Fall Sharply As Greek Deal Is Held Up
Raw Video: Italy's Mount Etna Bursts Into Life
Exclusive Video: Bobbi Kristina Leaving Hospital
2012 Grammys: Rihanna
Raw Video: Aurora Borealis As Seen From Space
2012 Grammys: Taylor Swift
Exclusive Video - Whitney's Bodybag
FUEL TV: Punk Payback Gym tips
Whitney's Final Days - EXCLUSIVE
First glimpse of Blue Ivy Carter
Lusetich: AT&T Rd. 3 recap
Peek inside Barbie's closet
Romney Tops Santorum in CPAC Straw Poll
Madonna's Daughter Shaves Head
Angry Dad Shoots Teens Laptop
Absolute Lin-sanity
5 Killed in Wrong-way Crash on I-10 in La.
Test on Comforter in Powell Unit Shows Blood
Hero Driver Saves Kids From Burning Bus
Funeral to be held for Powell boys
