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QUALITY MANAGER

Fascinations, a Tempe-based chain specializing in adult merchandise, has dropped its suit against Pima County for refusing to allow a store to open on the Northwest Side.

The suit, against the county and its chief zoning inspector, sought to force them to issue building and occupancy permits. It also challenged the constitutionality of tighter county restrictions for sexually oriented businesses.

The proposed store at 5757 N. Oracle Road would have been near homes and nearly next door to Creative Dance Arts.

Fascinations cannot refile a lawsuit based on the same grounds, said attorney Rick Brown, who represented the county. "They could certainly bring new challenges," he said.

Attorney Brenden Griffin, who represented Fascinations, said his client has dropped any plans for the building as well.

"It was our determination that regardless of the outcome of the lawsuit, we were not going to overcome the community negativity that has been fostered by a vocal minority," the statement read.

Pima County denied permits for the story in August. Zoning officials said the company provided insufficient information to determine whether less than 25 percent of its merchandise was sexually oriented, allowing it to avoid regulation as a sexually oriented business.

"They thought they should be allowed to build the store and stock it, then it could be inspected," Brown said.

In September, the Board of Supervisors unanimously approved new restrictions on adult businesses, in response to concern over the Fascinations location.

Those restrictions prohibit sex shops from locating too close to drama, dancing, arts and charter schools, as well as public and private schools.

The rules also reduce how much sexually explicit material a store can carry before it is considered an adult-oriented business, from 25 percent down to 10 percent.

"This is a real victory for the neighborhood — justice was done," said Republican Supervisor Ann Day.

With more than 5,000 signatures from nearby residents and those attending the dance school, Day said the neighbors were heard.

"I understand their (Fascinations) right to sell their product, but not in a location with schools and residences nearby."