‘Pleasures’ business sparks sex ordinance talks

On a Garrison Avenue once packed with saloons, gambling halls and houses of ill repute, a small business that sells sex toys, how-to-in-the-bedroom books and other items classified as “adult novelties” is not feeling the historic love.

Kasey and Richard Valdivia own Pleasures by Kasey, now located at 5213 Rogers Ave., near Central Mall and Bethel Lutheran Church. The Valdivia’s signed a lease in January with Westphal Properties for space at 504 Garrison Ave., between Papa’s (a bar and pizza place) and the law firm of Christian & Byars.

Kasey said officials with the Fort Smith police and fire departments and the city’s zoning departments “have been wonderful and easy” to work with during the process of opening the downtown location. However, despite Pleasures by Kasey not being a sexually-oriented business as determined by city ordinance, it has been the Central Business Improvement District (CBID) that has been problematic.

UNPROFESSIONAL
“It’s been a two-month ordeal,” Kasey said, explaining that Jayne Hughes, a city employee who works as a liaison for the CBID, has made the going difficult.

“Unprofessional is about the only thing I have to say about her,” Kasey said. “Every hurdle that she can come up with, she has done.”

Ironically, the Valdivia’s are leasing the property from Bennie Westphal, a commission member of the CBID. After being “yelled at” by Hughes, Kasey said she explained the treatment to Westphal because she thought she might have to ask out of the lease. Kasey said she did not know at the time that Westphal — who she referred to as “the sweetest guy” who has tried to facilitate understanding at every level — was a CBID commissioner.

“I had a call from her the next day apologizing for yelling at us. … I’ve got the recording if you want to hear it,” Kasey explained.

The City Wire made several attempts Tuesday afternoon and evening to contact Hughes.

Kasey also said they have not been welcomed by the Christian & Byars law firm.

“They have told us they don’t want us or our signs down here next to them,” Kasey explained.

ROMANCE BUSINESS
The Valdivia’s hadn’t planned on being in Fort Smith. They began in the “romance business” in July 1998 in Nampa, Idaho. A few years ago, Kasey’s mother was diagnosed with cancer. Her mother died March 1, 2010.

And March 1 is when Richard and Kasey want to open the downtown store. They are about two weeks behind schedule, and “will be working like crazy” to open in time.

“That’s why my heart wants to open on March 1 … in remembrance of my mother,” Kasey explained.

Fort Smith City Administrator Ray Gosack confirmed that the business does not qualify as a sexually-oriented business. He also said the business has caused concern among some property owners in downtown Fort Smith. But Gosack said the city staff was encouraged to follow the rules

“The bottom line I had in my discussions in the matter was to ‘Follow the ordinance,’” Gosack said, in noting that city staffers did receive pressure from various interests on the issue.

ORDINANCE CHANGE?
Following the ordinance may in the future send city staffers on a different path.

The result of discussions about Pleasures by Kasey is a review of the city’s sexually-oriented business (SOB) ordinance. The Fort Smith Police Department on Feb. 9 submitted a 56-page memo reviewing the city’s SOB rules and comparing them to other municipalities. Fort Smith Police Chief Kevin Lindsey discussed the report Tuesday (Feb. 14) during a study session of the Fort Smith Board of Directors.

The report offered five recommendations for the Board to consider
• Add statements defining the purpose of such an ordinance;
• Expand the definitions of “specified sexual activities”;
• Retain use of 10% of shelf space as a sole criteria for determining sexually-oriented business status;
• Expand the definition of adult arcade to include specific parameters for access, layout, lighting and construction; and,
• Include use of materials for onsite and offsite adult bookstore definition.