Friday, March 31, 2000
Hustler prepares to reopen downtown
BY DAN HORN
The Cincinnati Enquirer
Hustler replaces the Elm Cafe at 411 Elm St.
(Gary Landers photo)
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When they shut down the Elm Cafe six years ago, Cincinnati officials said it was just a matter of time until they got a big business to move into the building. In a few days, they will get Larry Flynt.
The Hustler magazine publisher is preparing to open a new downtown store — his third in three years — on the first floor of the building at 411 Elm St.
Mr. Flynt confirmed Thursday that he and his brother, Jimmy, would open the store within a week.
He said it would sell some sexually explicit material, such as magazines and adult toys, but most of the merchandise would be mainstream items such as clothing, lingerie and jewelry.
Mr. Flynt said profit is not his only motive for opening another store. The property is being leased from owner Bob Schneider.
“We wanted to maintain a presence downtown,” he said. “Just to be a thorn in their side.”
City Manager John Shirey expressed dismay Thursday night when told of the Flynts' plans.
“I hope it's not true,” he said. “I'm just very disappointed that Bob would lease his store to a business like that that we don't need in our city.”
The Flynts have closed two downtown Cincinnati stores after tussles with the city over the city's sexually oriented business law. Stores with a significant or substantial amount of sales or inventory of adult material are considered adult businesses and must apply for a license that prevents them from operating in most business districts.
The Hustler store would be the first new business at the Elm Street location since the city evicted Mike Younger from the building in 1994.
Mr. Younger, who owned the Elm Cafe, had fought with city officials for years over his right to buy the property and the city's plan to transform the site into a major downtown development.
Told of the Flynts' plans for his old Elm Street location, Mr. Younger laughed.
“The city deserves them,” he said. “That's the icing on the cake of how our city treats small business people.
“It's another crowning glory for our city fathers.”
His last dispute over the property ended when the city threw him out for withholding rent. The city was unable to find a tenant for the site and finally sold it two years ago.
It caught the eye of Jimmy Flynt a few months ago.
He contacted the new owner, Mr. Schneider, and began negotiating a lease with an op tion to buy. Mr. Schneider said his only concern was making a good business deal. The Flynts' reputation was not an issue.
“It certainly isn't an issue as a real estate person,” Mr. Schneider said. “It was basically a real estate deal. They met the requirements. They put up a significant amount of money.”
Neither he nor the Flynts would discuss dollar amounts, but both sides said the Flynts have an option to buy.
Mr. Shirey said the city always had hoped the site would blend with eventual redevelopment of the area. He said the city's options are limited.
“We can do what we always do, enforce city ordinances,” he said. “But that doesn't occur until after they open.”
Jimmy Flynt said he expects the store to remain in business much longer than its predecessors downtown.
The first store on Sixth Street closed when the city took over the area to make way for the new Con temporary Arts Center. The second store, on Race Street, closed after a dispute with the landlord.
The Flynts said they intend to comply with a city law that bans businesses from downtown if a “significant or substantial” amount of the merchandise is sexually explicit.
The Flynts' attorney, H. Louis Sirkin, said an “overwhelming” amount of merchandise at the store will not be sexually explicit.
“This store is different than the old store,” he said. “This has absolutely no intention of being an adult store.”
He said the store will be modeled after the Hustler store in West Hollywood, which resembles a big coffee shop with a mix of adult material and souvenirs.
“It will be the West Hollywood store adapted to the Cincinnati marketplace,” Mr. Sirkin said.
City Councilman Phil Heimlich, who has pushed for restrictions on sexually oriented businesses, said the Flynts have nothing to worry about if they follow the law.
But if adult material is the primary source of income, he said, the store could still get into trouble, even if its shelves are stocked with mainstream items.
“A person can open a business and put Ladies Home Journal and Time on display, and still sell nothing but porn magazines,” Mr. Heimlich said.
He also said he was disappointed the Flynts chose the Elm Street site for their new business.
“It's one more instance where the city's economic development efforts fell short,” Mr. Heimlich said. “We've just had too many failed opportunities.”
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