Tallahassee Police legal adviser seeks assurances that Hustler will comply with Florida law

A Tallahassee Police Department legal adviser contacted attorneys for adult lifestyle brand Hustler Hollywood hours after the Tallahassee Democrat reported the opening of the company’s new local store.

Theresa Flury, representing the Police Department, sent an Aug. 7 letter to the company’s attorney and stated the Florida statue that prevents adult entertainment establishments from operating within 2,500 feet of a public or private school.

“Please confirm the establishment intends to comply with the statute and does not intend to engage in any prohibited conduct as specified therein,” Flury said.

The new store, which boasts an eclectic collection of top-selling pleasure products, is near Sealey Elementary and the School of Arts and Science at the Centre of Tallahassee. But neither school appears to fall within the 2,500 feet buffer.

“While there are no local zoning restrictions in commercially zoned areas for these types of businesses, state law may apply if the property is within 2,500 feet of a school,” said Karen Jumonville, who heads the city’s Growth Management Department, in an email to the Democrat.

Back story:HUSTLER Hollywood opening adult 'lifestyle boutique' at former ABC Liquors on North Monroe

Hustler’s legal team responded to the city that they see no reason why the business could not operate at its location, 2750 N. Monroe St., formerly ABC Liquors.

One day after Flury’s letter, Alexander Basinki of Lipsitz Green Scime Cambria in Buffalo, New York, assured TPD the company intends to follow the letter of the law from a state and local level. His two-page response said the state statute defines "Adult entertainment establishment" as "Adult bookstore," "Adult theater," "Special Cabaret," or "Unlicensed massage establishment." These businesses, he said, would restrict admissions to adults only.

“The only portion of the store which will "restrict admission only to adults" is the specialty area which stocks novelties, toys, devices, etc. All such material will be fully screened from the view of minors in compliance with Sections 847.012,” Basinki said. “The remainder of the store will be open to minors and will not contain any sexually oriented material or material which is harmful to minors.”

He went on to say the store won’t sell “sexually oriented books, magazines, DVDs or other graphic media as defined in Section 847.001(18).” Romance novels, such as 50 Shades of Grey, are an exception.

"As a result, the location prohibition under Section 8 7.0134 does not apply to the

store," Basinski said.

He closed his note saying a representative from Hustler would be available personally to discuss the matter through Monday.

Behind the scenes, the letter comes amid questions by city officials about whether the adult empire, also associated with Hustler Magazine and founder Larry Flynt, could operate at all and open for its grand opening this weekend.

Asked to elaborate on why Hustler’s opening came into question days before its opening, the city has not provided an answer.

On Friday, City spokeswoman Alison Faris said City Attorney Cassandra Jackson has “indicated there are no known violations at this time that require action.”

Contact TaMaryn Waters at tlwaters@tallahassee.com or follow @TaMarynWaters on Twitter.