Wednesday, April 26, 2000
Hustler site plan OK'd in Monroe
By Janet C. Wetzel
The Cincinnati Enquirer
MONROE — A legal snag that appeared to threaten approval of the Hustler store here unraveled in just five minutes Tuesday.
During a special meeting of Monroe Planning Commission, a revote resolved a technicality, as commissioners approved the site plan for the proposed store at Ohio 63 and Interstate 75. The vote was 3-1.
“I'm happy they followed the law,” said Louis Sirkin, attorney for Jimmy Flynt and his brother, Hustler publisher Larry Flynt. “I didn't expect anything else. I had some question whether they needed to have this meeting. But if they want to dot extra i's and extra t's, that's fine with me.”
Before the meeting, Jimmy Flynt said by telephone that when he first heard the revote was necessary, he was worried it might mean delays.
“At first it had me wondering,” Mr. Flynt said. “But it appears it was just an oversight that caused them to have to revote. Maybe I'm just gun-shy.”
On April 19, with only three of four planning commissioners present, the site plan was approved by a vote of 2-1. On Monday, City Law Director Philip Callahan said a new vote was needed because the city charter requires that a majority of board members make a decision.
During the meeting, Mr. Callahan advised commissioners to take a new vote and to approve the site plan. Last week's vote actually meant the site plan approval was denied.
“In my opinion there is no basis to disallow or deny that site plan,” Mr. Callahan said.
Unanswered questions regarding the store's contents related to adult merchandise delayed a site plan decision in March.
But since that time a letter from Mr. Sirkin saying adult merchandise would not represent a substantial or significant portion of the stock and trade resolved the matter.
Commissioner Jeffery Norris, who cast the lone vote against approval, declined to comment.
But earlier he said he voted no because he personally doesn't like the idea of the store.
Commissioner Glenn Dixon, said Tuesday that the city codes, not personal biases, must determine their decisions.
Mr. Flynt has said the store will carry X-rated videos, sex toys and other adult merchandise, along with mainstream clothing and boutique items. The site plan says 40% of floor space is set aside for adult sales.
Mr. Flynt said he will pick a contractor this week and break ground next week on the 7,200 square-foot building next to Bristol's Show Club and Revue.
“The shovels are ready, the hard hats are ready, and I'm ready,” Mr. Flynt said.
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