Conn. Supreme Court to Decide Adult Store Case

HARTFORD, Conn. — The Connecticut Supreme Court will decide whether an adult store can open with viewing booths in North Haven, Conn. If the store is approved, it would be the first adult-oriented shop in North Haven with such booths.

Daniel Silver, representing the proposed video store, argued before the Supreme Court that the only way to market adult videos, which are not marketed in mainstream advertising, is for people to be able to watch them at stores.

"We're pretty confident, being that we won the lower court case and it was a pretty strong decision," storeowner Dennis Loring told XBIZ. "Unfortunately, with adult content you never know what the courts are going to do, but we're fairly confident that if they stick with the law we should come out pretty successful."

Silver said that the booths are customary at adult stores around the country and should be allowed as an “accessory” to the business.

Jennifer Coppola, representing the town, countered that the public, not an industry, should determine what is customary in a community.

“There was a time when houses didn’t have attached garages and a time when gas stations didn’t have mini-marts,” Coppola said. “To say the use is necessary to the business because there is no other mainstream way of marketing the videos doesn’t address custom."

The case dates back to August 2005, when the town’s Planning and Zoning Commission ruled that the video booths were not a permitted use, and that parking was not adequate for a use that included the booths.

Silver appealed the case in Superior Court, and the court sided with the store, saying that the denial was illegal and arbitrary. But the court did not order the commission to take any action, so Loring and Silver went back to court to modify the decision. New Haven Superior Court Judge Thomas J. Corradino then ruled that the commission must approve the site plan — but not until all appeals have been exhausted.

The town's appeal is now before Connecticut's higher court.

Responding to questions from two justices, Coppola claimed that Silver's statements about video booths being customary were not accurate. “He never gave a historical perspective. I don’t think the counsel can claim that since the inception of adult book stores that there have always been video booths.”

Silver responded that his statements were accurate and the booths "are a valid accessory use."

Regarding the question of parking, Silver said the store complies with the town’s zoning regulations as they were at the time of the original site plan and that it would be “totally unfair and inequitable” to send the matter back to the commission to reopen the issue of parking, because it was never addressed during the original commission hearings.

The state Supreme Court has no deadline to rule on the case.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Eldorado to Host Bonus 'Virtual Elevation' Webinar With Nu Sensuelle

Eldorado Trading will host a second, "bonus" September "Virtual Elevation" live private webinar for retailers with Nu Sensuelle Director of Sales Conde Aumann on Sept. 24 at 10 a.m. PDT.

Magic Silk, Maia Partner for RC Panty Vibe

Magic Silk's Exposed line has partnered with Maia Novelties to release the Date Night Remote Control Panty Vibe.

European Industry Initiative Open Mind AI Asks EU to Be Included in AI Legislation Debate

New European industry initiative Open Mind AI penned a letter asking EU authorities to include adult companies and creators in ongoing discussions on setting up a legal framework for AI content.

UK Labour Government Confirms it Will Continue Baroness-Led 'Porn Review'

The U.K. Labour government of Prime Minister Keir Starmer has confirmed it will continue the controversial full review of British pornography laws ordered by former Tory Prime Minister Rishi Sunak in July 2023.

Fort Troff Launches 'Toy' Blog Magazine

Fort Troff has debuted a new blog-style magazine, Toy, with real-life husbands Beau and Nick Butler as the premiere-issue cover models.

Honey's Place Now Distributing Xgen's 'Lapdance Lingerie' Line

Honey’s Place is now distributing Lapdance Lingerie, manufactured by Xgen Products.

Doc Johnson Unveils Bundles

Doc Johnson has introduced Bundles — groupings of the company's various product lines.

Zestra Arousal Oils Taps Zaawaadi for Brand Ambassador

Zestra Arousal Oils has named Kenyan star Zaawaadi its newest brand ambassador.

Magic Silk Debuts 'Evermore' Lingerie Collection

Magic Silk has introduced its new Evermore collection of lingerie from its Exposed line.

Show More