Three times in the past seven years, the District has ordered an adult video store in the heart of Mount Vernon Triangle to shut its doors for violating zoning regulations. But JMM Corp., owner of Fun Fair Video at 919 5th St. NW, is still selling “erotic entertainment” and fighting the city in all matter of courts.
The saga continued Tuesday with a hearing before the District’s Board of Zoning Adjustment.
“Sex sells, and what this case is all about is the fact that there is an attempt to sell sex in an area where sex sales are impermissible,” said Matthew Green, assistant attorney general in the Department of Consumer and Regulatory Affairs.
Fun Fair Video retails adult material and offers 10 private booths for video viewing.
The city has long argued that the store is located in a zoning district, just east of the Washington Convention Center, that is not designated for sexually oriented business establishments. The business is sandwiched between planned residential projects, including CityVista and Sovereign Square, and office buildings under construction.
Jonathan Katz, JMM’s attorney, argued for his client on multiple fronts. Among his contentions: An administrative law judge has no power to issue a cease and desist order; other adult businesses operate in Mount Vernon Triangle without interruption; and the District’s zoning laws unconstitutionally regulate adult-oriented businesses separate from all other businesses.
In 2000, ’01, and ’02, DCRA issued notices of infraction to JMM owner Jose Montiel for operating without proper certificates of occupancy. The notices were upheld by a pair of administrative law judges, who on three occasions imposed fines and ordered the business shut down.
JMM has appealed those orders and sued the District in federal court. And Katz indicated during the hearing that the appeals would continue.
A BZA decision is expected March 6.
