Conn. Supreme Court OKs Viewing Booths at Adult Store

HARTFORD, Conn. — The Connecticut Supreme Court has allowed adult store owner Dennis Loring to open a new adult store with viewing booths in North Haven, Conn., in a 3-2 decision released Wednesday.

The court majority said that the North Haven planning and zoning commission had not offered sufficient evidence when it ruled in 2005 that the video preview booths were not a permitted use.

The case had been argued before the court in November.

"We're very satisfied and pleased that the court upheld the lower court's decision," Loring told XBIZ. "It's been a long time coming and we feel they made the right decision."

In testimony before the planning commission and the state Supreme Court, attorney Daniel Silver, representing the store, said that adult videos cannot be advertised in mainstream, so stores need to provide an opportunity for customers to view the videos. Because the booths are customary and important to adult stores around the country, they are "accessory" to the business, according to Silver.

An attorney representing the planning commission before the state Supreme Court in November argued that it was up to the public, not an industry, to determine what was customary in a community.

After the commission ruled that the video booths were not a permitted use and that parking was not adequate for a use that included the booths in August 2005, Silver appealed the case at a lower court. That court sided with him, ruling that the denial of the site plan was illegal and arbitrary but it didn't order the commission to take any action. Loring and Silver went back to court to modify the decision.

New Haven Superior Court Judge Thomas J. Corradino then ruled that the zoning commission must approve the site plan but not until all appeals had been exhausted.

The state Supreme Court majority, made up of Chief Justice Chase T. Rogers and justices Joette Katz and Richard N. Palmer, ruled that the commission "failed to explain why the use was not incidental to the primary use. Therefore, in the absence of actual knowledge or factual evidence to contradict Silver's testimony, the trial court properly concluded that the record did not contain substantial evidence to support the commission's conclusion that the video preview booths are not a valid accessory use to the primary permitted use of an adult book and video store."

The dissenting justices, Flemming L. Norcott Jr. and Peter T. Zarella, said there was substantial evidence, explaining that the commission "reasonably could have determined that the booths did not constitute an accessory use," as defined in the town's zoning regulations, which consider the adult book and video store a "basic neighborhood store."

The dissenting justices said the decision to affirm the judgment of the trial court "improperly invades the discretion accorded to the commission, whose decision in this case was supported by substantial evidence, and an even more substantial dose of common sense."

Loring told XBIZ that the next step is to get a building permit from the city for the buildout of the store, and the store should open in eight weeks.

When asked if he expected any problems getting the permit, Loring said," We're hoping not, but you never know."

The court's decision

Related:  

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

Lioness Launches 'Sexperiments' Project

Sextech pleasure brand Lioness is launching a new, monthly project, "Sexperiments," to study various aspects of female sexuality.

Oxballs Debuts 'Glowsling' LED Cocksling

Oxballs has introduced its new Glowsling light-up LED cocksling.

Opinion: Why Device-Based Age Verification is the Key to Protecting Minors Online

Across the United States, state legislators on both sides of the aisle have attempted to tackle the crucial goal of preventing minors from accessing adult content.

Age Verification: FSC's Mike Stabile Reports from the Front Lines

Two years into the religiously-inspired crusade to ban free access to adult material in the U.S. through carefully drafted "age verification" legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Holiday Products Signs Distro Deal With Emojibator

Holiday Products has signed a distribution deal with pleasure brand Emojibator.

SWPA to Hold Facebook Live Event Next Month

The Sexual Wellness Professionals Alliance (SWPA) will be holding a Facebook Live event on May 1 at 6 p.m. (PDT).

Judge Acquits Backpage Defendants of Most Charges Before 2nd Retrial

A federal judge acquitted former co-owner of Backpage.com Michael Lacey and two co-defendants on most of the counts remaining from the protracted trial launched against the website operators by the Justice Department in 2018.

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp this week signed into law a bill that includes provisions requiring age verification for viewing adult content in Georgia, mirroring legislation being sponsored around the country by anti-porn religious conservative activists.

Honey Play Box Signs Canadian Distro Deal With EP Products

Honey Play Box has signed a deal with Canadian distributor EP Products.

Cherie DeVille Discusses Doc Johnson Collabs in Vice TV's 'Sex Before the Internet'

2023 XBIZ Performer of the Year Cherie DeVille is featured on Vice TV’s “Sex Before the Internet,” discussing her Doc Johnson celebrity strokers in the episode “Sex Toy Empire.”

Show More