Courant 4/5/07

Court Rules Blumenthal Can Help Town In Fight

April 5, 2007
By VANESSA DE LA TORRE, Courant Staff Writer
 
BERLIN — A federal court has allowed state Attorney General Richard Blumenthal to ally with the town in its fight against adult store chain Very Intimate Pleasures, his office said Wednesday.

Company attorneys filed a memorandum March 29 opposing Blumenthal’s request to enter the case as an amicus curiae, or friend of the court. VIP lawyer Brian Silver said earlier this week that its legal battle with Berlin is a “local zoning and licensing issue” and that the state’s attempt to intervene on the town’s behalf is inappropriate.

On Wednesday evening, Silver said he wasn’t aware of the court’s ruling, but that “there’s not much concern.” He believed Blumenthal’s legal opinions in the case “are not new and not surprising” and that VIP attorneys could handle them.

In a statement released earlier in the day, Blumenthal said “the court recognizes the ramifications this single case has beyond Berlin’s borders for the entire state. The state will be at Berlin’s side in court – protecting the right of every city and town in Connecticut to protect citizens from sexually oriented businesses.”

The adult store chain filed a federal lawsuit against Berlin in November, arguing that the town’s sexually oriented business ordinance, which prohibits adult stores, theaters and strip clubs from operating within 250 feet of residentially zoned land, violates the Constitution because it restricts the location of a First Amendment-protected business. A key issue in the case is whether a business such as VIP would cause negative, secondary effects to the surrounding area.

VIP wants to open on the Berlin Turnpike near a residential neighborhood and proposes to sell sexually explicit books and DVDs, oils, lingerie, sex toys and gag gifts. The town has blocked those plans.

VIP attorneys say that the town’s regulations are based on studies that focused on nude theaters and adult nightclubs and contend there is no evidence a store such as VIP will threaten public safety and property values. Blumenthal argued in a brief filed last month that such evidence does exist and that different courts over the years have upheld ordinances that regulate sexually oriented businesses to prevent adverse secondary effects.

“Municipalities must maintain their authority to stop the well-documented harms of these businesses, including increased crime and lowered property values,” Blumenthal said Wednesday. “These businesses are proliferating across our state – adult book and video stores, massage parlors, and facilities featuring live nude entertainment – opening shop on our Main Streets and near homes.” The lawsuit against Berlin is pending in federal court.