Oklahoma City council retains sex shops ordinance

The Oklahoma City Council voted Tuesday to retain an ordinance restricting the location of sex shops.

Ward 2 Councilman Ed Shadid had proposed rescinding the restrictions on “adult novelty” stores after code enforcement notified a new business in his ward that it was violating the ordinance.

The 1997 ordinance requires adult novelty shops to be more than 1,000 feet from schools, churches, playgrounds and parks, libraries, and homes.

A code inspector wrote a “notice of violation” in November, saying the new Adam & Eve store at 2905 NW 70 Street, just off May Avenue, was too close to homes.

The city said it was acting on a complaint but withheld the identity of the person who complained.

Adam & Eve is a trendy, upscale retailer that carries products including lingerie and sex aids.

Proprietors Lennox Ryerson-Gonzalez and Andrew Ryerson-Gonzalez said their stores focus on assisting couples with questions and offering couples counseling regarding intimacy, in addition to retail sales.

“We’re not just an adult novelty store,” Lennox Ryerson-Gonzalez told the council Tuesday. “If you were to come into our store … within the first two minutes you would see what we’re doing.”

The businessmen said a number of competitors were allowed to operate in the city despite being in apparent violation of the ordinance and that they felt unfairly singled out.

The businessmen have another Adam & Eve franchise on East Main Street in Norman. They were expanding to Oklahoma City when they opened their NW 70 store in mid-November.

Adam & Eve has only been notified of a violation. If the city issues a citation, the businessmen could be required to appear in Municipal Court.

Kenneth Jordan, the city attorney, said Adam & Eve could apply to the Board of Adjustment for a variance to the municipal code.

Jordan said further enforcement would be put on hold pending the outcome of a Board of Adjustment review, or further review in District Court.

Development Services Director Bob Tener said no citations would be issued this week, allowing the business time to file an application for a variance.

He said his office would get together with the city attorney’s office next week to discuss next steps.

‘Inherently discriminatory’

Shadid said one of Adam & Eve’s competitors is about a mile down May Avenue, near Northwest Classen High School, and is being allowed to operate in violation of the ordinance.

And Shadid said the city’s policy of enforcing ordinances primarily in response to complaints is “inherently discriminatory,” prompting a retort from Ward 8 Councilman Mark Stonecipher.

“I just don’t think that every time somebody makes a mistake as to where they build something, where they lease something, where they buy something and it conflicts with an ordinance, they can’t just go repeal ordinances to correct the problem,” Stonecipher said.

“We don’t always enforce the ordinances 24/7 because we don’t have the person power to do that,” he said. “We enforce those ordinances when we’re called upon to do it.”

Shadid said information that other adult novelty shops violate the restrictions had been presented to the council three times as the members considered his proposal to rescind the ordinance.

“This my ward, I’m telling you, a mile down the street, there’s the exact same business that’s right next to houses,” Shadid said. “It’s the exact same business.”

“We discriminate against some businesses, we enforce against some businesses and not others,” he said. “If nobody calls in, we just let the ordinance slide.”

Shadid and Ward 4 Councilman Todd Stone voted to rescind the ordinance. Stone said in an interview that he thought the ordinance could stand another look.

“I would like to see us revisit that ordinance … to see whether it’s doing what we want it to do, to protect our kids and neighborhoods,” he said.

Mayor Mick Cornett, Ward 1 Councilman James Greiner, Ward 3 Councilman Larry McAtee, Ward 5 Councilman David Greenwell, Ward 6 Councilwoman Meg Salyer and Stonecipher voted to retain the ordinance. Ward 7 Councilman John Pettis was absent.