Controversial adult store Taboo has lost another round in court during a yearslong legal fight to stay open as a sex shop.
A three-judge panel of the U.S. 4th Circuit Court of Appeals in Virginia in January upheld a Columbia zoning change that made the store illegal in its current location.
The appeals judges agreed on Jan. 25 with a federal judge in Columbia who ruled earlier that Columbia’s zoning law that prohibits an adult business from being within 700 feet of homes, parks, churches and other protected properties is legal,even though City Council approved the change within weeks of Taboo’s previously legal opening in December 2011.
Taboo has argued the change was aimed at driving it out of business in violation of its First Amendment right to exist at a location that was legal when the store opened.
Both courts said the zoning change is legal largely because adult businesses have more than 40 other locations where they can operate legally.