(Washington, DC) – District of Columbia Attorney General Linda Singer and Department of Consumer and Regulatory Affairs (DCRA) Director Linda K. Argo today announced that the DC Court of Appeals has denied Fun Fair Video’s motion to stay the Board of Zoning Adjustment’s October 1 order.
That denial, decided today, means in effect that Fun Fair Video will stay shuttered while the DC Court of Appeals continues to hear Fun Fair Video’s Appeal of the BZA order. The appeal could take several months or more.
In separate action, the DC Superior Court last week granted a Temporary Restraining Order (TRO) requested by Singer’s office which orders Fun Fair Video to immediately discontinue all business. The Court ordered that Fun Fair Video may not use the premises for any purpose until further order of the Court. A preliminary injunction hearing on that matter is scheduled on November 9 before Judge Gerald Fisher at 11 am Singer’s office on October 15 requested DC Superior Court to order the adult entertainment shop to immediately stop operating because it was doing so without a certificate of occupancy.
“We will fight Fun Fair every step of the way in its effort to re-open its doors without a certificate of occupancy,” Attorney General Singer said. “No matter what it does, we will be there to ensure that the laws of the District of Columbia are being obeyed.”
“DCRA lawyers, inspectors, investigators and other staff have devoted countless hours to closing this notorious business,” Director Argo said.
Argo continued, “In spite of Fun Fair’s attempts to avoid following District law, the Attorney General and the Court have supported DCRA’s initial finding – this business should not be operating in the District of Columbia.”
Fun Fair Video is located at 919 5th St., NW, and specializes in the sale of erotic entertainment, including videos that show explicit sexual activity. On November 19, 1996, its owner, JMM Corporation, obtained a certificate of occupancy to operate a video membership store at this location. The certificate of occupancy stated that the allowed use was “not sexually-oriented”. No other uses were authorized.
After a series of inspections, DCRA revoked Fun Fair’s certificate of occupancy because a significant and substantial portion of Fun Fair Video’s business was observed to be sexually oriented and because the certificate of occupancy did not authorize the mechanical amusement machines found on the premises.
DCRA also revoked JMM’s mechanical amusement machine license finding that “public decency was compromised by the activity in and around Fun Fair Video.”
JMM did not close Fun Fair Video, but instead appealed these revocations to the Board of Zoning Adjustment (BZA). On October 1, 2007, the BZA issued a written order denying the appeal.