TULSA, Oklahoma - Crews are busy renovating a midtown Tulsa building that is set to open as a Hustler Hollywood store.

The location is just across Interstate 44 from Bishop Kelley High School and the school doesn’t want it in their neighborhood.

The building sits on the corner of I-44 and East 41st Street.

Bishop Kelley says a lawsuit isn’t out of the question, but, right now, the City of Tulsa says the business is well within its rights to open.

Hustler Hollywood is a retail concept by Hustler magazine publisher Larry Flynt.  This location would be one of 24 across the country.

“If it is deemed to be retail, they can open,” said city councilor Karen Gilbert.

Currently, Tulsa’s zoning code restricts sexually oriented businesses from being within 1,000 feet of a school, but Gilbert says the business won’t fall under that category if they keep less than 10 percent of adult products on the floor for sale.

“If they do have more than that threshold, then they would be considered a sexually oriented business,” said Gilbert.

Whether it falls under that category or not, Bishop Kelley High School is right across the highway.  The school’s president posted his concerns on Facebook, saying “In the event it is necessary to hire an attorney to challenge Hustler Hollywood’s attempt to obtain a permit, we may want to see if some of the business owners in the area would like to participate ad share in the cost of the legal fees.”

Night Trips is located within a mile of the proposed location and there is an adult novelty store nearby.

Some neighbors worry that, if Hustler Hollywood opens, more and more adult businesses could continue to flood the neighborhood.