Sex Shop Chain Uses the Law in Its Own Defense

A sex book and paraphernalia store has found an ironic weapon to use in a legal dispute with a competitor--a city regulation that is usually used against such shops.

E.W.A.P. Inc., which operates the Le Sex Shoppe chain, filed suit Wednesday in Los Angeles Superior Court against Neighborhood Network Inc., accusing the Network firm of setting up Video Liquidators stores in locations that are within 1,000 feet of existing sexually oriented businesses--including two Le Sex Shoppes--and 500 feet of Hollywood High School.

Such proximity violates city zoning codes, which are often used by homeowner groups to prevent establishment of sex shops.

David Brown, attorney for E.W.A.P., conceded that the Sex Shoppes are trying to use the ordinances to protect their business.

“My client believes he is being injured by the presence of these stores,” Brown said. “We feel they are diverting sales.”

The suit asks for an order compelling the other stores to substantially reduce their inventories of sex videos.

Two of the Video Liquidator stores identified in the lawsuit are located at 5026 Lankershim Blvd. in North Hollywood and 4531 1/2 Van Nuys Blvd. in Sherman Oaks. The lawsuit contends that both stores are located within 1,000 feet of two Le Sex Shoppe stores.

The lawsuit also alleges that Neighborhood Network and another defendant, Noralph Inc., which owns two Excitement Video stores, operate several of their businesses within 500 feet of a residential zone.

City law prohibits sex entertainment businesses from establishing sites within 1,000 feet of each other, within 500 feet of a school or within 500 feet of a residential zone.

At issue is whether Video Liquidators or Excitement Video stores should be classed as sexually oriented adult businesses. City law defines an adult bookstore as a business with a “substantial portion” of stock dedicated to sex materials.

Steven Ciccarelli, a planning associate for the Los Angeles Planning Department, described the wording of the city ordinance as a “gray area.”

“What is substantial? The number of items in the store or the actual dollar sales?” Ciccarelli asked. “That is a tough one.”

Representatives of both businesses contend that their stores are general video stores because they carry more or as many general videos as sex videos.

“We’re not an adult store,” said Barry Marks, president of Neighborhood Network. “We do carry adult videos, but we also carry a tremendous amount of regular videos.”

Marks estimated that sex videos make up less than one-third of his stores’ stock. However, he also acknowledged that at least three times in the last year, well-known sex film performers have made appearances at his stores. Of the 14 Video Liquidators stores, five are in the Valley.

“We’re 50% adult and we’re 50% general,” added Jay Markowitz, manager of Excitement Video in Tarzana. “We put more emphasis on the adult selection, but we’re just a regular video store.”

The lawsuit, however, alleges that both companies operate adult businesses.

“These stores opened as general video stores, and over the course of the year, they increased their adult inventory to the point where the stores are overwhelmingly adult,” Brown said.

Times staff writer Timothy Williams contributed to this story.