Judge bans Hollywood Erotic Boutique’s screenings of adult films

Hollywood Erotic Boutique in Spokane Valley must stop showing sexually explicit movies, a judge ruled Friday.

Spokane Valley has been battling the business all year after declaring it a public nuisance.

The owners of the business at 9611 E. Sprague Ave. tried to argue that they were operating mini-theaters, a gambit Spokane County Superior Court Judge Annette Plese shot down in March.

Hollywood Erotic Boutique is licensed as an adult retail establishment, meaning it can sell DVDs, lingerie, sex toys and other items. But the business has a second floor that contains six small rooms where customers pay to watch sexually explicit movies.

Plese ruled Friday that showing explicit movies violates Spokane Valley city code.

Spokane Valley sued the business after learning the movies were being shown on the second floor, arguing that the movies made it an adult entertainment business, which is not allowed at that location.

Attorney Gilbert Levy, representing the business owner, tried to revive an argument that the city’s laws were overly broad during Friday’s hearing. Plese said she had already ruled in favor of the city on that issue.

The focus of Friday’s hearing was whether enough alternative sites exist for the business to relocate if it wants to keep showing adult movies. Ken Harper, representing the city of Spokane Valley, said an expert had identified 44 available sites with the proper zoning. An expert hired by Levy got a nearly identical result, Harper said. “There is no dispute on how many sites exist,” he said.

Levy countered that many of those sites were buildings with long-term leases and should not be considered viable relocation sites.

But Harper argued that lease considerations aren’t relevant, and Plese agreed.

“There is more than enough available relocation sites,” she said. “I do believe it is constitutionally adequate.”

There was also discussion on what the city could do to enforce the court order and whether simply stopping the movies without removing the equipment would be enough to comply with it.

“That may not be good enough,” Plese said. “Obviously, you could start it right up again.”

The city will have the right to close the portion of the business that is illegal, she said.

“They basically could board up the whole upstairs if your client continues to show movies,” Plese told Levy.