A second lawsuit was filed yesterday to overturn the city's recently passed resolution restricting adult entertainment in Grand Rapids. The lawsuit, filed by Herb Newhouse, owner of the Little Red Barn Theatre & Bookstore was filed in federal court under the premise that the resolution violates the Theatre's first and fourth amendment rights regarding the right of expressive and non-verbal speech. However, unlike the lawsuit filed earlier this month by Sensations and Showgirl Galleria owner Mark London, the second lawsuit also seeks damages from organizers who worked to pass the resolution as well as their financial backers. It specifically names Judy Rose of Black Hills Citizens for a Better Community and Dar VanderArk of the Michigan Deceny Action Council while also targeting the anonymous donors that contributed to a legal fund that organizers setup to defend the city’s ordinance in court. In justifying his legal attack on members of the community, Newhouse was quoted in the media stating that people "have no right to spend money to put people out of business."

In addition to the lawsuits filed against the City, the City has agreed to delay enforcement of the new ordinance in response to the lawsuits. While the ordinance was originally scheduled to take effect at the end of May, the ordinance will not be enforced until July 14, 2006. The agreement, according to a statement released by the City, was "designed to avoid the need for immediate court hearings on any motions for temporary restraining orders by the plaintiff businesses" while describing the delay as "desirable in order to avoid unnecessary proceedings for temporary relief, to conserve judicial resources, and facilitate the prompt resolution of these lawsuits."

Today is the final day for sex industry businesses to file lawsuits.