A judicial review of decisions aimed at shutting down an unauthorized sex shop on Kingsway is slated for Jan. 12, 2012 in B.C. Supreme Court.
Fantasy Factory has operated at 701 Kingsway for about two yearssince late 2009, even though owner Tony Perry never obtained city approval.
Businesses of this type are typically not allowed within a certain distance from places such as daycares and schools.
City officials investigated after neighbours complained and informed Perry he wasnt in compliance with city regulations. He then filed a development permit application with the city, but it was rejected Sept. 3, 2010.
Perry appealed to the Board of Variance, which ruled in the citys favour on Oct. 13, 2010.
Perry has complained in the past that the city is trying to regulate him out of business and that its imposing its morals on law-abiding citizens.
After the Board of Variance made its ruling, Perry sought a judicial review of both the director of plannings rejection of the development permit application and the boards decision.
As part of the Jan. 12 judicial review hearing, the city will ask for an injunction to shut Fantasy Factory down as the remedy if Perry fails in the review.
Since that time our legal department has been working with their lawyers to try to schedule a court date, explained Tom Hammel, the citys deputy chief licensing inspector. Until we get [an] order we dont have authority to actually have him cease operating. Were doing what we have to do. We cant force the owner to cease operating without the court backing, so were proceeding as fast as we can but sometimes it takes a while to get a court date and to proceed through that process.
Hammel said the Fantasy Factory case is unusual. Typically, when a business is denied a development permit and loses at the Board of Variance, they opt to shut down, he said.
A recent email from a Courier reader, who didnt want to be named out of concern for his safety, claims the conditions in the neighbourhood have worsened.
Recently this business has expanded its hours and is open until well after midnight, he wrote. In that year [there] has been a serious deterioration of our neighbourhood: an influx of prostitutes, needles and condoms in lanes and on streets, open drug sales and use. A lot of these problems trace back to the Fantasy Factory. Why has this situation gotten worse, despite warnings from the neighbours going back over a year that this business was going to be a problem?
When contacted by the Courier, Perry refused to comment on the case, the reason why hes continuing his battle against the city or whether Fantasy Factorys hours have been extended. Perry said past stories have been sensationalized.
Twitter: @Naoibh
