PERRYSBURG – Adam and Eve, an adult business franchise, will not appeal its denial of permit for setting
up shop near a residential neighborhood in the township.
Perry Retail Associates – which requested a permit for a roughly 3,800-square-foot intimate apparel store
at 27140 Oakmead Drive in June – informed the township Wednesday that it would voluntarily withdraw its
appeal of a denied permit. The zoning inspector had deemed the establishment a sexually-oriented
business, which would not be allowed in a C-2 commercial area or within 500 feet of a residential
community.
The Adam and Even store would have shared a building near the Oakmont subdivision with Tuffy Service
Center, across from Wal-Mart.
"Despite the zoning inspector’s discriminatory actions, the owners felt somewhat misled by the
proposed tenant," wrote Daniel LaValley, an attorney for the applicant. "Applicant did not
appreciate the fact that the zoning inspector played games in refusing to talk about the denial."

LaValley also argued that the store would meet requirements of the township’s zoning resolution. He said
80 percent of the store’s floor space would have been devoted to "soft goods" such as
lingerie, dancewear and sexual health items.
However, township attorney Walt Celley wrote in his response brief that the store contained predominantly
sexual content and materials and that it does not conform with zoning requirements. The solicitor hired
an investigator from Corporate Intelligence Consultants who documented various sex toys and accessories
at an Adam & Eve retail outfit in Michigan.
"It is disingenuous to say that 80 percent of the floor area was devoted to non-sexually oriented
items," he stated.
He wrote that the applicant "would have been in the best position" to investigate the potential
tenant before requesting the permit. He said accusations that the zoning inspector "played
games" are unfounded and that no additional investigation and no appeal had been filed at the time
the inspector and the solicitor declined to discuss the permit denial.
Celley said the township now considers the matter closed.