Staff Reports
Article Launched: 05/25/2008 01:00:00 AM EDT
The location of adult stores that sell sex toys and sexually oriented videos and publications can be a problem for Connecticut communities, but towns and cities got a bit of help from the state Supreme Court last week in regulating them.
The justices ruled unanimously that a town, and specifically its legislative body, has the authority to enact restrictions on where such adult stores can be located. At issue was a Berlin ordinance that bars sexually oriented businesses from being within 250 feet of a residentially zoned neighborhood.
Such a restriction is logical and reasonable. However, lawyers for Very Intimate Pleasures Inc., argued that the Berlin Town Council had no authority to usurp the community's planning and zoning decisions and its zoning laws.
The state Supreme Court felt otherwise.
In upholding an earlier Superior Court decision in the case, the justices set a precedent that no doubt will be hailed by Connecticut's towns and cities. Lawyers for VIP have indicated they will appeal the ruling to the federal district court in Bridgeport, basing their appeal on First Amendment issues.
For the time being, however, the state's municipalities can regulate where adult businesses are located in their communities. The state Supreme Court ruling has reaffirmed the right of local legislative bodies to control the destiny of their towns...go to article
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