Wednesday, January 05, 2000
Flynts give up on downtown shop
Brothers sign agreement to leave location leave Tuesday
BY DAN HORN
The Cincinnati Enquirer
Larry and Jimmy Flynt will give up in their fight to keep a Hustler store on Race Street in downtown Cincinnati.
The Flynt brothers signed a legal agreement Tuesday that requires them to move out of a Race Street building where they had hoped to operate their store.
The store opened for a few days in November but was ordered closed after the landlord sued the Flynts.
Although the Flynts had vowed to appeal the closure order, one of their attorneys said they decided Tuesday to drop the case so they could concentrate on finding a new location in Cincinnati.
Laura Abrams, one of their attorneys, said the brothers determined the Race Street space was not a very good retail location.
The Flynts moved to the location at 609 Race St. after the city took over their original store on Sixth Street to make way for the new Contemporary Arts Center.
Their new landlord, Barry Randman, complained about sexually explicit merchandise at the store and said the Flynts improperly subleased the property from another tenant.
He said he wanted the Hustler store closed because it would make it difficult for him to market upscale apartments in the same building.
Mr. Randman sued in Hamilton County Common Pleas Court, where Judge Mark Schweikert granted his request for a court order closing the store pending a trial. The trial was set for today, but Judge Schweikert said he called it off after the two sides agreed to end the case Tues day. Both sides, however, reserved the right to seek damages against each other.
Mr. Randman's attorneys, have argued the Hustler store damaged his rental business. The Flynts have claimed Mr. Randman damaged their reputations.
Ms. Abrams said her clients also may seek to recover the cost of moving into and out of the Race Street building.
The Hustler store, which sells mainstream magazines alongside sexually explicit material, has spurred controversy since it opened more than two years ago.
The Flynts went to court to face obscenity charges last year on charges of selling pornographic videos at the store. That case was resolved when the Hustler store corporation pleaded guilty to pandering obscenity and agreed to stop selling videos.
Cincinnati officials also have accused the Flynts of violating a city ordinance that bars sexually oriented businesses downtown.
Jimmy Flynt also is building a Hustler “superstore” in Butler County.
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