Planet K files lawsuit against City of Bryan to keep sign

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BRYAN, Tex. An ongoing battle between the City of Bryan and a local business shows no signs of resolution. For months, the city and Planet K, a local head shop, have been in a dispute about the company's ability to operate in Bryan.

Planet K has been controversial since they appeared on Texas Avenue. They aren't zoned to operate at their current location. In other areas of Texas, the store sells adult-themed and sexually related items.

Now, a 14 page lawsuit has been filed in Brazos County against the city. In it, Planet K wants a restraining order to keep their sign up after being denied a variance. Planet K claims it's a free speech issue.

The City of Bryan cut power to the Planet K building several months ago and the company has continued to operate out of tents in their parking lot. Nearby neighbors and businesses hope a resolution is reached soon.

"I have some frustration with our own city and the seemingly slow, molasses drag out of bringing a conclusion," said Elliott Head, who owns Paradise Valley Landscapes.

His business has a front row seat to a headache that's been bothering the City of Bryan for months.

"Unfortunate that they're taking the City of Bryan to court. I'd like to have seen it the other way around," he said.

Head thinks Bryan's ordinances need better enforcement. Planet K was asked to have their sign down by September 6 but it's still up.

"If you didn't have those parameters, it would be a wild, wild west town, and we don't want that," said Head.

The Bryan Mayor and city staff told KBTX they couldn't comment on camera due to the lawsuit. Planet K has received 28 violations and citations from the city.

The head shop's owner, Michael Kleinman, said Thursday they are here to stay and working on resolving the conflict. The store's manager also told KBTX they are working on a solution and hope for one soon.

Head thinks his new neighbors should play by rules other business have to follow.

"The city decides who can be where, and they've chosen on their own, and they did it knowingly, and that's what I find most offensive," said Head.

“I’m not trying to be a righteous man on a white horse. I get a little bit of a feeling that’s how I’m being perceived, but that’s not my goal. My goal isn’t strictly not from a moral issue. That’s a different conversation," said Head.

Planet K has taken other cities to court. They sued the city of Bee Cave to operate there and won.