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

Kink's Closet Releases New Collection

Kink's Closet has released its latest collection.

Eldorado to Host 'Virtual Elevation' Webinar With COTR

Eldorado Trading is hosting a private "Virtual Elevation" live webinar for retailers with COTR Product Education Director Tracy Felder on July 23 at 10 a.m. PDT.

Kinkly Partners With Sex.com for Branded Items

Canada-based sexual wellness information site Kinkly has partnered with Sex.com to offer a selection of 20 exclusive branded items, including fashion pieces and accessories.

Texas Judge Pauses AG Ken Paxton's Aylo Lawsuit Until SCOTUS Decision

A Texas district judge granted a request Wednesday to pause proceedings in the lawsuit filed by Attorney General Ken Paxton against Aylo over its implementation of Texas’ controversial age verification requirements for Pornhub, pending the outcome of the Free Speech Coalition-led lawsuit against Paxton, which will be heard by the Supreme Court during the next term.

Author of UN Report Recommending Worldwide Criminalization of Sex Work, Porn to Speak at NCOSE Summit

Jordanian activist Reem Alsalem, a special rapporteur on violence against women and girls at the United Nations Human Rights Council who recently issued a controversial report recommending that governments abolish all forms of sex work, including porn, will speak at anti-porn lobby NCOSE’s 2024 summit in August.

Champs Hires Joe Prestia as Senior Account Manager

Champs Trade Shows has hired industry veteran Joe Prestia as its new senior account manager for adult boutiques.

Orion Debuts Javida Licking and Thrusting Vibrator

Orion Wholesale has introduced the new Licking and Thrusting Vibrator from its Javida line.

Derek Hay Sentencing Hearing: Performers Give Impact Statements

The first day of the sentencing hearing for LA Direct Models’ Derek Hay, who pleaded guilty in May to one charge of conspiracy to commit pandering and a charge of perjury, took place in Los Angeles Wednesday.

Wicked Sensual Care Debuts 'Tropical Trio' Lube Set

Wicked Sensual Care has introduced the new Tropical Trio personal lubricant set from its Simply line.

The Dungeon Store Debuts 'Shelob' Conductive Flogger

The Dungeon Store has released the Shelob Violet Wand conductive e-stim flogger.

Show More