Farmingdale filed a complaint against a Monmouth man for not complying with an ordinance.

FARMINGDALE (AP) – A Superior Court justice says the owner of an adult bookstore has the right to request a trial challenging a town law that restricts adult shops.

Judge S. Kirk Studstrup last week rejected a request by the town for a partial summary judgment, which would have stopped 1st Choice Adult Book & Video owner Shannon Fisher from challenging the law.

The town filed a complaint last year in Kennebec County Superior Court against Fisher, of Monmouth, for not complying with the ordinance.

The ordinance requires, among other restrictions, that such businesses have their own entrance and be at least 200 feet from any church, school or residence. 1st Choice shares a driveway with another business.

In May the town’s attorney argued in court that a notice of violation against Fisher and Richard Brann, who owns the Maine Avenue building, be given the same weight as a court judgment allowing the town to close 1st Choice.

The judge’s decision means Fisher will get a trial in Superior Court to determine whether Farmingdale violated her right to operate the business and whether the ordinance is constitutional.

The town had sought a summary judgment from the judge to resolve the matter rather than having to pay for court costs incurred from a trial.

Fisher’s attorney, C.H. Spurling of Gardiner said the ordinance is unconstitutional and violates Fisher’s rights to due process, equal protection and free speech. Fisher and Brann’s case is expected to go to trial in September or October.

“We’re happy with the decision and the defendants are certainly ready to meet with the town and discuss the issues, and if they want to, reach a compromise,” he said.

Town Attorney Tom Federle said it’s now better for the town to argue and win the case in court on the merits of its ordinance.

“Farmingdale’s position remains that it is within the power of the townspeople to regulate certain aspects of pornography shops doing business in town,” he said.