Residents and Officials of Berlin, Connecticut Team Up to Resist Porn Shop Planned Next to Homes

A porn chain called VIP is trying to purchase a former Huffman Koos furniture store located at 717 Berlin Turnpike in Berlin, CT. The plan is to turn the site into a adult book store and novelty shop. VIP wants to devote over 14,000 square feet to adult DVDs, books, lingerie and other sexual-related items. Homes are located close by the proposed store. Keep track of new developments at the citizen blog, NO V.I.P. in Berlin, CT.

Here is recent news coverage of the situation, which has parallels with issues in Northampton:

“Adult store creates controversy in Berlin”
WTNH, 9/16/06
“‘I have 3 kids who are riding their bikes constantly in this neighborhood and I just think the type of business that is going in here is not right for children. If they want to go somewhere else down the turnpike that is not near residences, that’s fine. Just not here,’ says [local resident Wayne] Dotter… Berlin Mayor Adam Salina says that this type of business is not a good economical business move and the town is fighting it.”

“VIP’s plan rejected again”
The Herald (New Britain, CT), 9/27/06
“Residents have also continued to voice their displeasure about how close the building would be to many neighborhoods inhabited by children.”

“Porn Wars: Berlin Residents Fight To Keep A New VIP Adult Bookstore From Opening On The Berlin Turnpike. VIP Asks What’s So Adult About It?”
Hartford Advocate, 10/5/06
“Over 40 people gathered outside Berlin’s Sept. 26 zoning board of appeals meeting to protest an item that wasn’t on the agenda… ‘This is a very quiet, residential area. I think that’s the first thing to recognize. The town has an ordinance saying that all sexually oriented businesses cannot be within 250 feet of a residential home,’ Timothy Hayes said. ‘And this is bordered on three sides by residences.'”

“Berlin council eyes sex store law changes”
WTNH, 10/5/06
“At the end of the night council members approved changes limiting the amount of material sold inside adult entertainment shops… ‘Citizens have raised concerns about the ordinance and we have to take their concerns to heart,’ town council member Steve Morelli said.”

“Condos Denied; Sex Stores Limited”
Hartford Courant, 10/7/06
“[T]he town council adopted stricter rules on sexually oriented businesses in town. Berlin officials had previously spoken about imposing a moratorium against new sex shops and adult bookstores, but decided that the stricter rules made a moratorium unnecessary.

“Dozens of homeowners near the Berlin Turnpike have formed an ad hoc group to block Very Intimate Pleasures from opening an adult-themed store near their neighborhood. That issue drove the council to adopt revisions to the sexually oriented businesses ordinance. Those changes will make the rules apply to any retailers who do a significant percentage of their business in adult merchandise; the original rule covered only stores that had half or more of their inventory set aside for sexually oriented items.

“The new ordinance took effect Friday.”

“Panel Blocks Adult Bookstore Plan”
Hartford Courant, 11/2/06
“The town zoning appeals board rejected a challenge from Very Intimate Pleasures Wednesday night, blocking the company’s plan to open an adult bookstore and sex novelties shop on the Berlin Turnpike and possibly sending the matter to court… About 20 residents spoke against the business, saying that it would wreck property values, potentially endanger public safety and that it was too close to homes… During the meeting, [resident Laura] Michaud brought out an enlarged photo of her 4-year-old daughter playing on a swing set. In the background was the proposed VIP building.”

“Sex Shop Developer Sues Berlin”
Hartford Courant, 11/16/06
“VIP, [attorney Dan] 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.”

“V.I.P. claims its rights are being violated”

The Herald (New Britain, CT), 11/17/06

Gary Porter is the general manager for VIP. In this article, Mr. Porter is quoted as making light of citizen concerns and suggesting that the store’s customers will mostly come from out of town:
“We’ll be helping the community, maybe not Berlin, but surrounding communities,” Porter said jokingly, “community service is what we’re all about.” Read more.

Judge Backs Sex-Business Ordinance
Hartford Courtant, 1/19/07
A federal judge has upheld the rights of Berlin, CT residents to
protect themselves from the secondary effects of a topless bar near
homes. “Berlin officials were anticipating the ruling for months. They now
believe it could benefit the town in lawsuits filed in November over
its rejection of the sex-themed store Very Intimate Pleasures, which
wants to open on the Berlin Turnpike next to a residential neighborhood.”
Read more.

New Citizen Blog Fights Adult Enterprise in Berlin, CT
1/27/07

Connecticut: State, City and Citizens Cooperate to Combat Porn Shop Sited Next to Berlin Homes
2/9/07

Connecticut Attorney General Files Amicus Brief to Support Town of Berlin; “Off-Site” Sexually Oriented Businesses are Fair Game for Zoning
3/21/07

Victory in Berlin, CT: Court Rules Town Council Has Authority to Enact Zoning
Hartford Courant, 7/13/07
…town officials believe this ruling is a crucial win in its ongoing
war with VIP, because it upholds the town’s authority to regulate where
adult businesses can operate…

Silver [VIP attorney Daniel
Silver] contends that the town council has no authority to create a law
restricting the location of a business. Berlin’s sexually oriented
business ordinance, enacted in 2000, prohibits adult clubs, shops and
theaters from operating within 250 feet of residentially zoned land, a
fact that has blocked VIP’s attempts to open in a former furniture
store at 717 Berlin Turnpike, next to a middle-class neighborhood.

In
January, a federal judge dismissed Silver’s argument. Silver,
representing Gold Diggers LLC, filed a lawsuit against Berlin in May
2006 after town officials denied the firm a permit to open as a topless
bar in the former Infrared Cafe on New Britain Road. Neighbors had
often complained about loud noise and boorish behavior spilling outside
the Infrared, previously known as the strip lounge Showplace, when the
establishment was still in business.

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