Conn. Retailer Loses Round Over SOB Ordinance

BERLIN, Conn. — In a decision of particular interest to adult retailers, the 2nd U.S. Circuit Court of Appeals has ruled that the total adult inventory — not a percentage of total inventory — qualifies a store as an adult business.

Monday’s ruling came after Very Intimate Pleasures said it would carry 8,242 adult items at its 15,000-square-foot store, going over the town of Berlin, Conn.’s 12-percent adult products rule. The store has a total of 67,236 adult and mainstream items.

A panel of the 2nd Circuit was asked to rehear an earlier U.S. District Court decision that determined Berlin’s use of the terms in its 12-percent rule of “significant and substantial” were overly vague.

The town appealed to the 2nd Circuit, which ruled in the town's favor Monday.

Daniel Silver, an attorney representing Very Intimate Pleasures, said the ruling was just a "hiccup along the way." He expects another pending federal lawsuit that Very Intimate Pleasures has brought against Berlin to ultimately clear a path for Very Intimate Pleasures' store.

Silver said he plans to petition the 2nd Circuit’s full panel to review the ruling.

A trial in Very Intimate Pleasures's other case is scheduled for July in U.S. District Court in Bridgeport. In that case, Very Intimate Pleasures contests Berlin's right to regulate an adult-oriented business.

Berlin will argue that it can regulate adult-oriented businesses because they have substantial negative effects on the community, said Thomas Gerarde, a lawyer for the town.

Monday's ruling centered on how to define a business like Very Intimate Pleasures, but the upcoming case challenges Berlin's right to regulate it.

The case is VIP of Berlin LLC vs. Town of Berlin and (town manager) Denise McNair, No. 09-2950.

Related:  

Copyright © 2026 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

Kyle Sievert, Rachael Wolfe Join Full Circle Sales Team

Kyle Sievert and Rachael Wolfe have joined the sales team at Full Circle.

Tennessee Bill Would Require Warnings on Adult Stores

The Tennessee Senate has passed a bill requiring adult stores, theaters and other establishments in the state to post warning signs cautioning patrons that they “may be contributing” to sexual assault and human trafficking.

Motorbunny Debuts 'Mt. Gushmore' Grinder Attachment

Motorbunny has introduced its Mt. Gushmore grinder attachment for its Buck sex machine.

Like a Kitten Names Matie Fricker Director of Education and Community Outreach

Like a Kitten has named Matie Fricker as its new director of education and community outreach.

Wicked Sensual Care Debuts 'Arousal Serum' From 'Simply Timeless' Line

Wicked Sensual Care (WSC) has introduced the Arousal Serum lubricant from its Simply Timeless line.

Blush Expands 'EnLust' Stroker Collection

Blush has introduced three new stroker sleeves from its EnLust line.

Holiday Now Shipping 'Moonbloom' Collection From Intimate Earth

Holiday Products is now shipping the Moonbloom line of personal lubricants from Intimate Earth.

CC Wellness Names Brendi Acevedo National Training Manager

CC Wellness has promoted Brendi Acevedo to the position of national training manager.

PHE Forms Commercial Partnership With Kindra

Adam & Eve parent company PHE, Inc. has formed a strategic partnership with Kindra that includes distribution and a minority equity stake in the wellness brand.

Our Erotic Journey Expands 'Sublime,' 'Curious' Lines

Our Erotic Journey has introduced three new additions to its Sublime and Curious collections.

Show More