On March 8, a district judge issued a temporary injunction to prevent the City of Bee Cave from interfering with Planet K's business.
The injunction prevents the city from issuing citations against Planet K, its employees or its parent company until a May jury trial. The ruling, which follows a similar temporary restraining order issued against the city in February, allows Planet K to continue selling imported cigarettes, pipes, erotica and more on the porch of the former Trading Post Wine Bar & Grill building.
"We were very pleased that the court decided, after hearing the evidence, to maintain the status quo and not let the city interfere with the rights of our client," said Russ Horton, an attorney for AusPro Enterprises, the parent company of Planet K.
Following the judge's ruling, the City of Bee Cave filed an appeal to the Austin Court of Appeals. A news release from the City of Bee Cave stated, "While the ruling did not favor the city, it also did not validate Planet K for selling merchandise without a permit in the past."
"The city remains steadfast in its commitment to protect the health and safety of all citizens and visitors through the enforcement of its duly adopted building codes and ordinances enacted to protect community well-being and property values in and around the community of Bee Cave," the news release states. "The elected and appointed officials for the City of Bee Cave will vigorously defend the interests of the citizens at trial."
Since March 2011, Planet K has sought approval of a building permit to open inside the former Trading Post building. The city rejected multiple Planet K applications because they did not follow city ordinances, Bee Cave officials have said.
In December, Planet K began selling its products on the former Trading Post porch. More than 15 tickets have been given to Planet K employees for selling the store's merchandise outside without a permit.
The temporary injunction was necessary to prevent irreparable harm to Planet K before a jury trial rules on the issue, the court ruling stated.
"This temporary injunction is being granted to prevent AusPro from suffering irreparable injury, in that if this order was not granted AusPro would not be able to remodel and rent its property to its tenant, its tenant and their employees would be subjected to numerous serial prosecutions, and AusPro's constitutionally protected right to display art would be infringed," the court ruling stated.