Laurel County suing to close Adult Depot

Officials are asking a judge to shut down a southern Laurel County porn store for good, the latest in the fight against operators who they say are peddling smut.
The Laurel County Fiscal Court voted Monday night to file a lawsuit against The Adult Depot. County Attorney Elmer Cunnagin said he plans to file the civil complaint in Laurel Circuit Court by today asking for a permanent injunction against the store, which would in essence force its closure for good.
The store opened July 5, seemingly in defiance of a local ordinance that regulates such businesses. Laurel County Judge-Executive Lawrence Kuhl said the Adult Depot has never applied for a mandatory permit to operate an adult-oriented business in the county.
“I think it’s what we should do. I’m not for nothing like that. My morals won’t let me be for it,” Laurel County Magistrate Noah Baker said after Monday’s special called meeting. Baker represents the district where The Adult Depot is located and said he’s received numerous citizen phone calls complaining about the business. It is located on the Cumberland Gap Parkway.
“We’ve got to go by the law. We can’t just shut them down. They are not complying with our ordinance right now. I don’t know how it will go.”
Cunnagin said he would be asking a judge to grant the county a temporary injunction until a full hearing on the matter can be held.
Laurel County Sheriff’s Deputies arrested three employees and the storeowner in August on charges that they were responsible for distributing obscene matter – a misdemeanor offense. The owner, Steve Hale, was additionally charged with operating an adult-oriented business without a proper permit. Those criminal cases are still pending and are set for pre-trial conference Nov. 8.
After a period of inactivity, the store seemingly reopened last week. Cunnagin said each day the store operates without a permit is an additional violation under the ordinance. He added he expects there will be further arrests.
In March the Laurel County Fiscal Court passed a strict ordinance regulating adult-oriented businesses – following the lead of several other area cities and counties. The law requires steep business license fees, employee fees, square-footage requirements and mandates at least a 1,000-foot setback from any public access road.
Cunnagin said just because the fiscal court passed the ordinance doesn’t mean it supports the operation of the business.
“It’s not that the court condones what is going on there,” he said. “You can get a permit to run a drug store, but if you sell meth, that would be illegal. If a sexually oriented business has a permit to operate and they sell obscenity, that’s a violation of state laws. You can’t do that.”
Sheriff’s Deputies have purchased some material from the store. A Laurel District Court Jury will likely decide if the material is obscene.
A small group of citizens attended the meeting, but were not given the opportunity to speak.