Agreement ends effort to operate adult bookstore in county

The attempt by a Paris, Tenn., man to operate Dyer County's first adult bookstore is over after agreements with the county and District Attorney General Phil Bivens.

"I'm through with them down there," Donald Brewer Sr. said by phone on Tuesday. "I won't be back."

Earlier Tuesday Bivens announced in circuit court that charges against Brewer and an employee, Janie D. Smith of Milan, for operating Adult Superstore II without an adult-oriented establishment license and work permit and against Brewer for operating the store on a Sunday in violation of state laws are being dismissed.

"We are moving to dismiss the charges against Mr. Brewer and Ms. Smith," Bivens told Judge Lee Moore. "The only requirement is that Mr. Brewer pay court costs on the Sunday-opening charge.

"I understand an agreement has been reached with the county regarding the adult bookstore."

Moore approved the dismissals.

County Attorney J. Michael Gauldin said an agreement with Brewer was reached several weeks ago, but the agreement depended on Bivens' willingness to dismiss the charges.

"Mr. Brewer has agreed not to appeal the court decision against him, not to file any federal lawsuit, to permanently close the business and not to open a new similar business in Dyer County," Gauldin said. "Dyer County agreed not to oppose the dismissal of the criminal charges."

Brewer obtained a regular Dyer County business license on June 8, but did not ask if and was not told he needed an adult-oriented establishment license.

At the time he obtained the regular business license Brewer said he intended to sell books, magazines, DVDs, tapes and novelties of an adult nature.

He said no one less than 18 years of age would be permitted in the business.

"The windows will be covered, so if anyone drives up with kids they won't be able to see inside," Brewer said. "We've been operating in Humboldt for about eight years that way."

On July 9 Brewer and Smith were indicted by the Dyer County Grand Jury on charges of operating the business without adult-oriented establishment licenses. A county lawsuit was settled July 28 when Brewer agreed not to reopen the business until he got the required license.

Brewer faced a criminal complaint for operating the business on Sunday, Aug. 18, in violation of state law.

On June 14 the Dyer County Commission passed a zoning resolution to limit the location of adult-oriented businesses. The resolution limited adult-oriented businesses to a special impact zone.

The zone is located on the east side of Chic Road and adjacent to the Obion River.

Brewer's business was located at 4673 Highway 51 S., just south of Four Points.

The adult-oriented establishment board was established by the Dyer County Commission on May 10, 1999 and requires operators and employees of such businesses to receive approval from the board.

The resolution establishing the board adopted a 1998 state law regulating adult-oriented businesses.

Members of the local board are County Commissioners Debbie Bradshaw, Bill Cloar, Bill Jones, Harold Sartin and John Uitendaal (chairman).

After he was indicted Brewer agreed to close the business until he received an adult-oriented establishment license.

In August, Brewer and Smith applied for an adult-oriented business license and work permit. The county's adult-oriented establishment board denied the applications and an appeal of the denials was turned down by the board in September.

On Nov. 12 Chancellor J. Steven Stafford ruled the committee had acted properly in denying the applications and the appeals.

After Stafford's ruling Brewer vowed to file a civil lawsuit in federal court. The agreement with the county ended those plans, however.

"It was a case of people making up new rules after I was told I had done everything I was supposed to do," he said Tuesday. "They came up with all sorts of stuff I was supposed to do and I was put in a position where I couldn't win, so the best thing to do is go somewhere else and I won't be back there."

Uitendaal said Brewer failed to follow the law.

"The issue was whether Mr. Brewer complied with the laws and he didn't," Uitendaal said. "I'm glad it's settled and I'm glad the county won."

He praised Gauldin for his work in reaching a settlement.

"When you know something is right, sometimes you have to fight for it," Uitendaal said. "I was proud of Michael for working so hard on this; I was proud of the county for sticking it out and I'm glad it's over."

County Mayor Richard Hill said he thinks the settlement is good for the county.

"It's a good thing for the community," he said. " All in all, I think it's better for the county that this (wasn't allowed to) happen."

According to the Dyer County Circuit Court Clerk's office, Brewer must pay $414 in court costs on the Sunday-opening charge.