Here is the full text of Springfield’s Findings and Decision in its revocation of Capital Video’s viewing booth entertainment license. These Findings may also be downloaded as a PDF.
The Findings constitute a case study in “secondary effects”: the crime, blight and prostitution known to atttend many adult enterprises. Here are excerpts from Springfield Mayor Charles V. Ryan’s decision, followed by images of the full text:
See also:
Springfield Republican: “Ryan shuts adult shop booths”
“I think it’s a real strong move to improve the quality of life for the neighborhood,” [Police Commissioner Edward A.] Flynn said.
Providence Journal Archives: Kenneth Guarino’s Mob Ties, Criminal Past, Global Empire
In a fine example of doublespeak, Capital Video general counsel Lesley Rich complained recently in a public letter [November 2006] that “a campaign has been waged against our business by individuals that have maligned the reputation of Capital Video.” What Mr. Rich calls maligning, we call a well-documented factual record. Elsewhere, Lesley Rich characterizes giant glory holes as retractable “buddy windows” [explicit link].
In October [2006], Capital Video’s local attorney Michael Pill claimed to Northampton’s City Council that “The company will not tolerate any illegal conduct in or around its place of business.” (PDF) Three months later, the Springfield police commissioner called for a License Commission hearing to consider counts of drug sales and lewd activity around the Capital Video shop there.
TalkBackNorthampton: “Danger, Pictures! Cap Video Writes to City Council” (11/2/06)
[Public letter from Lesley Rich, General Counsel, Capital Video Corporation:] “…a campaign has been waged against our business by individuals that have maligned the reputation of Capital Video. Contrary to published reports, Capital enjoys an excellent relationship with its host communities, and has not encountered any of the problems or detrimental effects that have been put forth. Our employees and the stores they operate are responsible members of their communities… There is absolutely no truth that our business increases crime, or detracts from the neighborhood in which we operate.”
What Kittery Found at the Porn Shop
Police Chief Strong came forward and said everyone was aware that this establishment had been a bone of contention for a long time. Although they had other regulations toward that establishment, it had come to his attention that there were either illegal activities going on or activities that were detrimental to the health and welfare of patrons and the general public…
Chief Strong said Fernald Road residents had complained about finding offensive trash on the road and th
e Department did their own surveillance, finding such items as empty pill bottles, lubricants, leather straps, movies, and used condoms within 100 yards of the rear of the establishment on Fernald Road. The Chief said they made the decision to send people in under cover and on two occasions, he sent two plain clothes detectives into Amazing.Net, arming them with special glasses and a portable ultraviolet light, which when shined on an area would illuminate body fluids. On January 30, two detectives went inside dressed in plain clothes and equipped with the ultraviolet light, as well as collection material. They entered booths, closed the doors, turned on the ultraviolet light and observed what appeared to be tremendous amounts of body fluids on all three walls and on the floor. The next night, the detectives followed the same procedure. Samples were sent to the Main Street Lab and on February 13, 2006, he received the results confirming that all swabbings taken in the four booths contained semen. The Chief said their informant told them that on numerous occasions he had tried to clean but had not been given any information on how to wash the areas properly. Police Chief Strong said he believed the collection of material they made, along with the lab results, showed beyond a reasonable doubt that there were body fluids being exchanged or deposited that other people were exposed to…
Lesser Newman: Capital Video Has Seen the Light and Will Make its Springfield Viewing Booths Safe
The inclination of Capital Video clerks to ‘look the other way’ is legendary. See, for example, these comments from Squirt.org members about Capital Video stores:
Raynham, MA: “Shock, outrage over sex acts in store”
[Video X-tra Adult Superstore]–the town’s only adult video store featuring closet-sized video “preview viewing” rooms–has become an indoor meeting spot for men seeking sex with other men, a Sunday Enterprise investigation has shown.
…with anonymous sexual activity comes increased health and safety risks, including the spread of sexually transmitted diseases, experts say.
The Findings constitute a case study in “secondary effects”: the crime, blight and prostitution known to atttend many adult enterprises. Here are excerpts from Springfield Mayor Charles V. Ryan’s decision, followed by images of the full text:
…the undisputed facts in this matter show that the video booths on the Capital Video premises have been used for prostitution, assignation or lewdness, sexual assaults and are connected to drug activity and therefore, the video booths are deemed a nuisance and there are substantial grounds for denial or revocation of the 2007 license…
As evidenced by the testimony and exhibits in this case, the increase in the incidence of disruptive conduct in the area in which the premises are located, based on the testimony and reports of the police officers as well as the testimony and reports of a neighborhood resident, indicates that the sale of drugs, prostitution in the area around the store, together with offensive, lewd activities occurring in the various “viewing booths”, as well as patrons being assaulted while using the booths, create a nuisance that has caused a hindrance or obstruction in the exercise of the rights which are common to every person in the community, for example to safely walk the sidewalks of their own neighborhood, or to patronize the store selling adult oriented material without being assaulted…
Detective Chapin and Lt Rupert Daniels testified that police have found the area around Amazing.net notorious for open air drug sales and prostitution…
Testimony and reports showed that the booths continued to be utilized for illegal purposes, including sexual assaults on patrons despite the police activity of a drug arrest in front of the premises on October 11, 2006, and the actions of persons involved with the drug activity fleeing into the store, (apparently to hide in the booths) and despite inspections by the health authorities documenting the deplorable conditions, despite a letter to the President of Capital Video, as well as a re-inspection on December 6, 2006 where the holes were again apparently covered up, and despite a letter from the licensee’s attorney assuring the City that action was being taken…
At about 6:55 P.M. on December 20, 2006, the Detective entered Amazing.net in an undercover capacity, and observed several males loitering in the common area and staring at customers who entered the viewing booths. He also observed that males entered together into the viewing booths. He entered and attempted to lock the door behind him, but the lock was inoperable. Shortly after entering the viewing booth, a white male later entered the booth and was touching his genital area…
At about 8:42 P.M., on December 20, 2006, the same undercover officer Detective was again sexually assaulted after entering a booth in an undercover capacity…
At about 9:50 P.M., on December 20, 2006, the Detective again entered Amazing.net [in] an undercover capacity and was assaulted by another patron while in the booth, when the other patron began touching him in his groin and buttocks areas…
[Testimony of Ms. Erica Walch, immediate past president of the Armoury-Quadrangle Civic Association]Ms. Walch testified the situation brings an appearance of “lawlessness” to the city. Her family [and] friends are bothered by the condition of her neighborhood and sometimes do not want to visit her home. She believes the current situation keeps people and businesses from locating to the area.
“Day and night, male and female prostitutes who are clearly under the influence of drugs position themselves directly outside of Amazing.net (on the premises’ sidewalk) as well as across the Street from the store, next to a parking lot and alley where the prostitutes bring their customers. Prostitutes and their clientele have been discovered in flagrante delicto in the back yards of Mattoon Street residents. Decent law-abiding people do not feel comfortable walking around our neighborhood at any time of the day, because they are propositioned to by prostitutes or johns, and simply do not like having to make their way past groups of drug-addicted people behaving strangely and propositioning them… From eight o’clock in the morning until well after midnight every day of the week, the Apremont Triangle has at least one male prostitute loitering around the parking lot across the street on Pearl Street. Customers often enter the Amazing.net store, and leave with a young man who did not enter with them. I know this because our AQCA office is directly across the street from the store, and I am able to watch the goings on when I am at the office. Men and women who live in our neighborhood … are frequently approached by men who slow down their cars and ask, ‘Are you working?'”
…the testimony shows repeated and persistent evidence of illegal activity and complicity and reckless disregard of Capital Video’s management over a long period of time which is sufficient to constitute a nuisance.
Moreover, viewing the evidence as a whole, there is absolutely no basis to credit any assertions or representations that Capital Video has, can or will permanently improve the conditions of its viewing booths and the open, repeated, pervasive and notoriously lewd and lascivious behavior associated with the booths…
Based on the evidence presented, this store caters to a group of people who are reckless about personal health and, by inference, the health of their sexual partners, and Capital Video’s blind eye to this activity encourages promiscuity on its premises. Such conduct has been recognized in other Massachusetts case law as a cause of HIV infection…
From size, location and height of the holes, the discarded paper tissues/towels, and stains depicted, the odors emanating from the booths over a period of several months and the attempts to cover the holes without success, it is apparent that customers used the holes with reckless disregard of conditions in plain view and smell of any human being. Further, from the evidence of drug sales and prostitution in the vicinity of the store, the cooperation between Amazing.net employees and a known prostitute, and the testimony of a neighborhood resident that this location is the “epicenter” of problems in the neighborhood, together with the likely health risks posed as to HIV infection, it is evident that revocation of the 2007 Entertainment License to operate the booths is the only remedy to bring about the ending of the open and notorious conditions which constitute lewd and lascivious behavior and nuisance.
See also:
Springfield Republican: “Ryan shuts adult shop booths”
“I think it’s a real strong move to improve the quality of life for the neighborhood,” [Police Commissioner Edward A.] Flynn said.
Providence Journal Archives: Kenneth Guarino’s Mob Ties, Criminal Past, Global Empire
In a fine example of doublespeak, Capital Video general counsel Lesley Rich complained recently in a public letter [November 2006] that “a campaign has been waged against our business by individuals that have maligned the reputation of Capital Video.” What Mr. Rich calls maligning, we call a well-documented factual record. Elsewhere, Lesley Rich characterizes giant glory holes as retractable “buddy windows” [explicit link].
In October [2006], Capital Video’s local attorney Michael Pill claimed to Northampton’s City Council that “The company will not tolerate any illegal conduct in or around its place of business.” (PDF) Three months later, the Springfield police commissioner called for a License Commission hearing to consider counts of drug sales and lewd activity around the Capital Video shop there.
TalkBackNorthampton: “Danger, Pictures! Cap Video Writes to City Council” (11/2/06)
[Public letter from Lesley Rich, General Counsel, Capital Video Corporation:] “…a campaign has been waged against our business by individuals that have maligned the reputation of Capital Video. Contrary to published reports, Capital enjoys an excellent relationship with its host communities, and has not encountered any of the problems or detrimental effects that have been put forth. Our employees and the stores they operate are responsible members of their communities… There is absolutely no truth that our business increases crime, or detracts from the neighborhood in which we operate.”
What Kittery Found at the Porn Shop
Police Chief Strong came forward and said everyone was aware that this establishment had been a bone of contention for a long time. Although they had other regulations toward that establishment, it had come to his attention that there were either illegal activities going on or activities that were detrimental to the health and welfare of patrons and the general public…
Chief Strong said Fernald Road residents had complained about finding offensive trash on the road and th
e Department did their own surveillance, finding such items as empty pill bottles, lubricants, leather straps, movies, and used condoms within 100 yards of the rear of the establishment on Fernald Road. The Chief said they made the decision to send people in under cover and on two occasions, he sent two plain clothes detectives into Amazing.Net, arming them with special glasses and a portable ultraviolet light, which when shined on an area would illuminate body fluids. On January 30, two detectives went inside dressed in plain clothes and equipped with the ultraviolet light, as well as collection material. They entered booths, closed the doors, turned on the ultraviolet light and observed what appeared to be tremendous amounts of body fluids on all three walls and on the floor. The next night, the detectives followed the same procedure. Samples were sent to the Main Street Lab and on February 13, 2006, he received the results confirming that all swabbings taken in the four booths contained semen. The Chief said their informant told them that on numerous occasions he had tried to clean but had not been given any information on how to wash the areas properly. Police Chief Strong said he believed the collection of material they made, along with the lab results, showed beyond a reasonable doubt that there were body fluids being exchanged or deposited that other people were exposed to…
Lesser Newman: Capital Video Has Seen the Light and Will Make its Springfield Viewing Booths Safe
The inclination of Capital Video clerks to ‘look the other way’ is legendary. See, for example, these comments from Squirt.org members about Capital Video stores:
Troy, NY…Capital Video would not be the first, nor will it be the last, adult enterprise to be “busted” for its secondary effects. These harms are distinct from “indecency”. They are physical, long-term impacts on neighborhoods and public health that have nothing to do with a person’s opinion about porn or nudity. A permanent adult enterprise that blights a community is worlds apart from a few showings of “Hair”. The courts understand this, upholding properly drafted adult-use zoning ordinances across the country. Daytona is an excellent recent example.
8/4/06: They have had troubles keeping clerks, there always advertising for help. If you go when the young chick is on with the stud in her lip she doesnt give a shit of who’s in what booth or how many just drop money and be cool…
North Kingstown, RI
3/22/07: Stopped by NK..of course Bandana Johnny was there, truly with a stink on…its disgusting. I wonder if its a heath issue with him being there. Would Amazing be liable? Afterall, they do let him loiter all day knowing his dirtiness…
Meriden, CT
4/18/07: Went there today for the first time. There was at least 10 guys there and i was suck in a matter of minutes. Definately a good place to go for fun. the two young guys working didnt pay any attention and it is very easy to find someone…
Dallas, TX
6/18/07: I haven’t been here durning lunch in awhile, but in the mornings could be fun. No staff bothering you knocking on the door. anyone ever interested in meeting let me know?
Raynham, MA: “Shock, outrage over sex acts in store”
[Video X-tra Adult Superstore]–the town’s only adult video store featuring closet-sized video “preview viewing” rooms–has become an indoor meeting spot for men seeking sex with other men, a Sunday Enterprise investigation has shown.
…with anonymous sexual activity comes increased health and safety risks, including the spread of sexually transmitted diseases, experts say.