Lawyer: Clay Cty will lose battle if sex shop ban remains

The Clay County ban on sex shops must soon be replaced or the county will lose its battle and plenty of money, according to an attorney hired by the county.

“They could stand by this ban, but it’s just a ticking time bomb,” Michael Kahn says.

Kahn is an attorney specializing in First Amendment issues relating to adult entertainment ordinances.  He says that the current sex shops ban in Clay County from 1985 is “blatantly unconstitutional.”

Kahn has come up with three ordinances: a regulatory ordinance that would place strict rules on adult entertainment businesses opening up in Clay County, an ordinance that bans public nudity in all places except those adult businesses, and a locational ordinance that designates specific areas for adult businesses to operate.

“We’re protecting the county while adhering to the constitutional First Amendment rights that all speakers have,” he says.

If the current Clay County ban is left in place, it will eventually be challenged with a lawsuit, Kahn says.  The rule will be overturned, and then adult businesses will be able to open up at any location with no regulations.

“Also Clay County would be liable for attorney’s fees for the fight, which can be a lot of money,” he says.

On Tuesday, the Clay County Planning and Zoning Department will take its look at Kahn’s new ordinances.  If they’re passed, then they will go before the County Commission later in the month.