Courant 11/16/06

It is interesting that at the end of this article Atty. Daniel Silver is quoted as saying “the whole matter with VIP may be affected by what happens with Infrared Cafe.”

After the courts ruled in favor of the town in the Intrared Cafe lawsuit, Silver is quoted in another Courant article as “He acknowledged that certain aspects of the ruling may affect the VIP cases still in court, but characterized his First Amendment arguments for the two businesses as being “night and day.”

From courant.com
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Sex Shop Developer Sues Berlin
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By VANESSA DE LA TORRE
Courant Staff Writer
November 16, 2006

BERLIN — The developer for a proposed Very Intimate Pleasures store
filed a federal lawsuit against the town this week, arguing that an
ordinance restricting sexually oriented businesses is unconstitutional.

The suit from VIP of Berlin LLC comes after the town blocked its plans
to open a shop on the Berlin Turnpike. Dan Silver, the lawyer
representing VIP, said the town has violated the Constitution by restricting the
location of a First Amendment-protected business when there isn’t proof
that it will cause secondary effects such as crime.

The town ordinance prohibits adult businesses from operating within 250
feet of residential property. Very Intimate Pleasures proposes to sell
lingerie, oils, sexually explicit DVDs and books and “sex-positive”
novelties in the former Huffman Koos furniture store at 717 Berlin
Turnpike, which borders a middle-class neighborhood.

Silver said the town’s regulations are based on outdated studies that
focused solely on businesses such as adult nightclubs and nude theaters.
VIP, Silver contends, is a new kind of “take-out only” store that
wasn’t considered when the ordinance was crafted years ago. He also states
in the suit that VIP should be considered a “romance shop” rather than a
sex shop, because it caters mostly to women and couples “who wish to
enhance their love lives,” and not to single men.

The lawsuit filed Monday in federal court names the town and Herman
Middlebrooks Jr., the town manager, as defendants. Middlebrooks declined
to comment Wednesday. Mayor Adam Salina said he was confident that
Berlin’s staff and lawyers have the ability to “defend the town and do
what’s best for the citizens in the community.”

Resident Laura Michaud, whose home on Woodruff Circle is within 100
feet of the proposed VIP site, said the litigation comes as no surprise.

“I truly think the court is going to decide because I don’t see either
side backing down,” Michaud said.

Silver filed an administrative appeal Wednesday with the town’s zoning
appeals board, which rejected a challenge from him during a Nov. 1
meeting that featured pleas from Michaud and other neighbors against the
store.

The VIP lawsuit marks the second time Silver has sued the town in
recent months. In May, Silver made similar arguments against Berlin for
denying a permit to East Hartford businessman Wayne Massa, who wants to run
a topless bar from the Infrared Cafe site on New Britain Avenue. One of
Silver’s main contentions in that suit, which he maintains with VIP, is
that the town’s adult licensing ordinance is not valid because it does
not have a proper appeals process.

Silver said the whole matter with VIP may be affected by what happens
with Infrared Cafe. The decision in that case is expected soon in
federal court.

Contact Vanessa de la Torre at vdelatorre@courant.com.
Copyright 2006, Hartford Courant