Porn shop owner sues Garfield Township

By VICTOR SKINNER
vskinner@record-eagle.com

April 11, 2008 11:01 am

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TRAVERSE CITY -- Traverse City resident Brad Vannatter believes the U.S. Constitution guarantees him the right to peddle porn in Garfield Township, and he's taking the municipality to court to prove his point.

Vannatter, president of 3423 Cass Road, Inc., last month filed a federal lawsuit against the township over what he contends is a vague zoning ordinance that violates his rights, U.S. District Court records show.

The Traverse City resident leases the former Celebrations party supply store along Cass Road just north of South Airport Road, where he plans to sell a variety of sexually explicit magazines, videos, novelties and other items. The township's current ordinance requires adult stores to obtain a special use permit that restricts the location, displays, signs and other aspects of the business.

Vannatter argues the ordinance language doesn't provide for established methods to measure compliance with the restrictions, "which simultaneously undertakes to restrict a right to disseminate protected free speech," according to the lawsuit.

He is seeking an injunction to declare the ordinance "void and unenforceable."

Vannatter declined to comment on the lawsuit. His attorney, Gregory Fisher Lord, did not return messages for comment.

Garfield Township's Deputy Supervisor Joe McManus said Vannatter never applied for a special use permit. The township learned of Vannatter's plans for a store when he filed the lawsuit.

An adult business at the Cass Road location likely would conflict with permit restrictions, McManus said.

"The ordinance requires that those businesses be located at least 750 feet from a variety of things: residential zoned property, churches, schools and that sort of thing," he said. "There is residential-zoned property and a church located within 750 feet of that property."

Township officials forwarded the lawsuit to their attorney, Kent Gerberding.

The court action is not the first time Vannatter, who operates Fantasies Unlimited adult stores across the state, has sued over zoning restrictions. In 2004, Vannatter forced Grayling Township to change its ordinance to allow a store along M-72. He also filed a similar lawsuit in Big Rapids Township.