To 3rd District Judge Leslie Lewis, the sign inviting patrons into the shop at 6885 S. State says it all.
The image of a woman "partially clad and postured in a manner that's sexually provocative" persuaded Lewis to rule against Dr. John's Lingerie and Novelty Boutique in its fight against Midvale and the city's ordinance regulating sexually oriented businesses.
Combine with that the fact the woman is framed by the words "lingerie" and "novelty" — a term the store's proprietor testified is a "polite way" of referring to certain items in the adult industry — and urges potential customers to "look for serenity here."
"The sign directing people into the store was not a neutral sign. It was a sexually provocative sign," Lewis said Wednesday after issuing a permanent injunction against Dr. John's, banning the store from selling sexually oriented wares of any kind.
Discussion of the sign was a tame point in the two-day trial, where explicit talk of sexual items ranged from the absurd to the downright raunchy.
The theme began Tuesday morning with Midvale attorney Ben Hathaway's opening statement to the court, in which he offered a pre-emptive apology for language that would be used during the trial. It continued with Lewis' exhaustive requests for descriptions of items delivered to the Midvale store and ended with owner John Haltom listing the multitude of items on the market to ensure men's sexual success.
Haltom and business partner John Coil operate three adult stores in Utah — in Midvale, Roy and Clearfield — and one in Omaha, Neb. Both men said they expanded their business from conservative Omaha to Utah to help the state's "sexually repressed and provincial" citizens find sexual freedom.
The central issue of the trial was to determine whether the Midvale store's principal purpose included the sale of items specifically designed for sexual activities. Such items include sex toys, intimacy aids, and sexually explicit videos and printed materials, which are prohibited for sale in Midvale without a sexually oriented business license.
Haltom has been at odds with the city since he opened his shop last July. He refused to apply for anything other than a commercial business license, causing officials to twice request a court order forcing Haltom to pull all sexually oriented items from his shelves.
Haltom initially complied with the orders but eventually restocked his shelves with the forbidden wares, prompting more legal action.
Two Midvale officials and a police detective testified that on numerous occasions they visited Dr. John's and observed a multitude of sexual devices.
Ultimately, Lewis ruled the sheer magnitude of sexual items available at Dr. John's, combined with recent advertisements touting the store as a seller of "lingerie, marital aids, adult videos, magazines and gag gifts," made it clear its primary focus was sexual items.
Haltom filed a countersuit against the city, claiming the ordinance is unconstitutional. The suit also sought damages for lost profits from the adult items. He lost on both issues Wednesday.
The loss came as no surprise to Haltom, who says he brought his business to Utah to "change the law."
"We were never planning on winning in this court. We want to get into the appeals court, and ultimately the (U.S.) Supreme Court," Haltom said. "Someone's got to protect the First Amendment. We will push everything to the border in protest, and I believe it's still my right to protest."
E-mail: awelling@desnews.com