Pa. court tosses ban on XXX store's Flag Day sales

November 19, 2008 8:56:23 AM PST
A state appeals court says a western Pennsylvania township's ordinance that forced an adult video store to close on state recognized holidays such as Flag Day is unconstitutional. Commonwealth Court ruled Wednesday that the Pulaski Township ordinance was too vague in how it defined such holidays.

Adultland XXX in Lawrence County was shut down for a year by the police chief for opening on Flag Day in 2006. It previously was cited for sales on Columbus Day 2005.

The court says the township didn't adequately define what constitutes a "state recognized holiday."

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On the Net:

Opinion: http://www.courts.state.pa.us/OpPosting/Cwealth/out/1555CD07-11-19-08.pdf

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