Court: X-Mart Adult Superstore can challenge Clarksville ordinance

LITTLE ROCK (Arkansas News Bureau) -- The X-Mart Adult Superstore in Clarksville can challenge the validity and constitutionality of that city's ordinance regulating sexually oriented businesses, the state Supreme Court ruled Thursday.

The high court overturned a Johnson County circuit judge's dismissal of the businesses' challenge to the ordinance and sent the case back to circuit court for new proceedings.

The Clarksville City Council passed the ordinance on Jan. 25, 2006, three weeks after X-Mart opened its doors. Under the ordinance, a sexually oriented business is required to obtain a license and pay certain fees, with violations punishable by up to a year in jail and a $1,000 fine.

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