Judge: Augusta's porn laws unconstitutional

AUGUSTA - A federal judge ruled Friday that Augusta ordinances on zoning and adult entertainment were unconstitutional. <br> <br> The rules, which would be replaced by a city commission vote last week, violate the First Amendment, U.S. District Chief Judge Dudley H. Bowen Jr. ruled. <br> <br> ``No matter how undesirable the speech, allowing the exercise of First Amendment rights serves the public interest,&#39;&#39; Bowen wrote as he granted a preliminary injunction against the city that was sought by a business called X-Mart. <br> <br> Bowen noted that he considered only the old ordinance, not the ordinance adopted by city commissioners July 18. <br> <br> X-Mart owners satisfied criteria for an adult entertainment business to open under the city&#39;s zoning ordinance, and the Augusta Planning Commission approved its application. <br> <br> But on June 18, faced with several hundred city residents who oppose the store, the city commission voted unanimously to deny the application. <br> <br> X-Mart general manager Jimmy Cassandro opened the store anyway and was arrested. Cassandro said he opened the store in an act of civil disobedience. <br> <br> ``I believe in the Constitution, and I believe this country should be free,&#39;&#39; Cassandro said shortly after opening up for business. ``I feel like nobody should take away our right to be free.&#39;&#39; <br> <br> Cassandro was charged with disorderly conduct and operating a business without a license. On June 24, X-Mart filed the federal lawsuit seeking temporary and permanent injunction. <br> <br> The new ordinance prohibits adult entertainment businesses from locating in ``gateway corridors,&#39;&#39; such as the site chosen by X-Mart near the busy intersection of Gordon Highway and Doug Barnard Parkway.

http://accesswdun.com/article/2002/7/191990