According to Christal's attorney Michael Pleasants, the hearing will be on the store's motion to amend Russell's January 2nd judgment. Russell last ruled in favor of the city of Memphis, saying that the store did not meet the city's definition of "adult novelty."
At issue were nine empty display cases that codes administrators feared would eventually be stocked with sexually explicit items, violating the city's definition of "retail" establishment. Stores with more than 5 percent adult merchandise are considered "adult entertainment," not retail establishments, and the Germantown Parkway location is not zoned for adult entertainment.
"The hearing will be on the motion to amend the judgment, saying that the nine empty shelves they were concerned with have been stocked with appropriate material," says Pleasants.
A ruling in favor of Christal's would mean the store, which has been stocked, staffed, and ready to open since mid-December, can open for business.