Spencer’s has been in Rushmore Mall since 1979, and Mahoney said adult merchandise makes up less than five percent of the items for sale. In other jurisdictions, courts have defined “substantial” as between 20 percent and 50 percent of available merchandise, he said.

“We can sell a small percentage of that merchandise in our store without being deemed an adult-oriented business,” Mahoney said.

On Tuesday, Spencer’s was open, but there were far more empty hooks than full ones in the store’s back corner, where the adult merchandise is usually displayed.

Bachelorette party favors, including sashes, buttons and necklaces, made up most of the remaining merchandise, along with a few body paint kits, blow-up dolls and anatomically shaped candy. All of the store’s “personal massagers” were off the shelves.

The rest of the store was untouched, the shelves packed with t-shirts, band merchandise, drinking games, lingerie, adult birthday cards and accessories such as hats and belts.

A manager at the store Tuesday afternoon said she was not authorized to talk to the media.

Mahoney said the store has received “great support” from the community.