JULY 13-JULY 19,2005
NEWS
THE UNIVERSITY DAILY KANSAN
7
LAWRENCE
Sex shop may face closure by city
Kerri Henderson/KANSAN
Richard Osburn may have to close his shop, Naughty But Nice, due to a city code that regulates the location of sex businesses. Osburn said he is prepared to fight to keep his business open.
Kerri Henderson/KANSAN
Adult businesses in Lawrence must be located on highway rights of way by July 25. Highway right of ways include 23rd Street/Kansas Highway 10 where Pricilla's is located.
Naughty But Nice, 1741 Massachusetts St., is not located along a state highway as required by city code.
BY ERIN DROSTE
edroste@kansan.com
KANSAN STAFF WRITER
After five years of business, Richard Osburn may be forced to close shop. A city code, enacted in 2000, requires that all adult businesses be located on a state highway right of way by July 25.
That means that on July 25, Osburn's Naughty But Nice, 1741 Massachusetts St., will no longer comply with city code.
The city code was enacted as a way for the city to regulate sex businesses, Scott Miller, city attorney, said. The code states that sex shops not located along state highway rights of way would have five years from the date of the code's enactment to comply. That includes any pre-existing businesses.
Osburn said when he opened his business there were no restrictions preventing him from being located on Massachusetts Street, and he was prepared to fight to keep his store open.
"It's up to the city how far they want to take it," he said. Osburn said he would to go to court about the issue if necessary.
Miller said the city was reviewing the practices of all adult businesses in Lawrence. Any businesses that meet the definition of a sex shop will have to comply with the ordinance, he said.
"No factual determination has been made at this point about Naughty But Nice," Miller said. 'If it is determined that it is no longer a conforming use, several steps can be taken, including filing charges for violating the code."
The other sex shop in Lawrence, Priscilla's, 1206 W.23rd, is located on a state highway and meets the code requirements for sex shops in the city limits.
The state highway rights of way in Lawrence include 23rd Street (Kansas Highway 10), Iowa Street (U.S. Highway 59), Sixth Street (U.S. Highway 40), and North Second Street (U.S. Highway 24). According to state and city laws, all sex shops within city limits are required to be located along state highways in zoned business areas.
Sex shops cannot be located on the same block as any residential area, house of worship, school, day-care facility, public park, community center, children's amusement park, library, museum or playground.
Viann Deathe owns Classic Hair Design, 1802 Massachusetts St., located across the street from Naughty But Nice, and said she did not think that Naughty But Nice should have to close.
Any sex shop that does not comply with the code will be forced to close, according to the code.
"I've been here 20 years and it doesn't bother me at all," she said. "I have worse people going over to the Salvation Army than going over there."
Deathe said she had never had any problems with the business and did not think that closing the store would affect her business or the neighborhood.
Osburn said he had no plans to close Naughty But Nice and would wait for the city to take the first step, and he would fight them.
"If a person takes the time and money to open a legal business and people start looking for ways to eliminate that business and force relocation," Osburn said, "then I'm adamantly opposed to what the city is trying to do."
— Edited by John Scheirman