PORTSMOUTH — Although her Posh & Naughty store eviction has been upheld by a Newport Superior Court judge, it's not the last that Portsmouth will see of Trisha Smith.

Ms. Smith, a Portsmouth resident, said she plans to run for town council as an independent "to stand up for the working-class citizen."

She said she will not appeal the eviction to the state Supreme Court due to the expense.

David Bazarsky, property owner of the store that Ms. Smith leased for her boutique on East Main Road, filed for eviction when a rent check bounced around Christmas time.

Ms. Smith said the bounced check was "an honest mistake." She added that she believes Mr. Bazarsky used it to close her shop because he had received complaints about her dressing in costume and waving to drivers outside her store.

"Businesses fail in the first year because they can't make it," Ms. Smith said. "And I made it. It's a sad day in Portsmouth — the birthplace of American democracy — when a small-business owner is forced out of business."

Ms. Smith said she called around to find another location on the island but she either couldn't afford the space or was told her business was unacceptable. Since losing her day-time job as a technical writer a few months ago, Ms. Smith said she'll have no choice now but to file for bankruptcy. She is selling all her merchandise at 25 percent off to help pay for her attorney costs.