The store, which Capital Video CEO Kenneth Guarino hoped to open at a former auto dealership, is a short walk from the center of town, in a location populated by schools, churches and homes, attorney for NoPornNorthampton Jendi Reiter said.
"We support people's right to free expression, and we also believe that porn shops should not be located next to homes, schools and churches," Reiter said. "Case after case across the country state that these two goals are compatible, and that cities have the right to regulate the time, place and manner of viewing adult entertainment."
Northampton is home to Smith, the nation’s largest liberal arts college for women. The town, which is home to 29,000 people, enjoys a reputation for liberal values in a decidedly liberal state, making it an uncommon battleground for a 1st Amendment fight. However, the decision to regulate the sale of adult content within the town limits grew from a belief that the pornography that would be sold at the proposed Capital Video store creates a negative impact on the community.
“Northampton has long been a refuge for people who care about women's equality, human dignity and the arts," Reiter said. "Porn shops hurt neighborhoods with crime, violence against women and sexual addiction that breaks up families. Our town can do better."
Capital Video, which Dun & Bradstreet reports earned $21 million in sales in 2005, operates stores throughout the Northeast, as well as the website Amazing.net.
In June, the company’s Kittery, Maine store was forced to remove the doors from its viewing booths after the town passed a local ordinance banning the private rooms. Local authorities found traces of semen in the booths and residents complained of finding used condoms, sex toys and other trash outside the store.
NoPornNorthampton cites Capital Video’s recent legal battle over its Kittery store as grounds for working to block a similar store from opening in Northampton.
The town will hold a public meeting for comment July 20.