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Lawmakers intend to resurrect bill on adult entertainment

Brian McCready , Register Staff 07/09/2003

MILFORD — A trio of the city’s state legislators pledged Tuesday to resurrect a bill that would give municipalities the power to rid communities of adult-oriented businesses.

Sen. Win Smith, R-Milford, House Majority Leader James Amann, D-Milford, and Rep. Richard Roy, D-Milford, said that in light of the strong community opposition to the increasing number of adult-oriented establishments, they would introduce legislation next year that would likely eliminate or force X-rated businesses to relocate to obscure sections of the city.

Smith, who attended a Board of Aldermen meeting Monday, said that when he saw a child, Colbi Rowland, 10, carrying a sign that stated "Pornography Hurts Kids," he knew it was time to try to eradicate adult establishments.

City Attorney Marilyn Lipton is drafting what officials say is the strictest ordinance in the state that would regulate existing adult businesses. It would ban nudity and restrict partial nudity, essentially eliminating lap dancing. The ordinance would also ensure that club owners do not possess a record for sex crimes.

The city delegation’s proposed legislation is similar to the one first proposed in 1999 that would ask the General Assembly to exempt adult businesses from the grandfather clause that protects the businesses and virtually shields them from local zoning regulations.

The legislation would force shops selling pornography either to relocate to remote industrial areas away from schools, churches and homes, or to go out of business. No adult-business owner could be reached for comment.

"I would certainly support any effort to get rid of or eliminate the deluge of pornography stores and clubs that seem to be attracted to Milford," Amann said.

He said state law protects adult businesses from following local zoning laws. There are four adult bookstores along the Boston Post Road that are allowed to stay in business because they were in operation before the city established regulations restricting where adult businesses could be located.

The city also has a strip club called Keepers on Woodmont Road, and a new adults-only bookstore, Penthouse Boutique, on Banner Drive, that will open later this month.

Amann said that previously the General Assembly has not even entertained a public hearing on the proposal and he predicted it would be a tough fight, since the adult businesses are protected under the Constitution.

"But anything we can do to discourage pornography shops from feeling welcomed in our community is important," Amann said.

Amann said it may also be difficult to convince other legislators to support the bill because not all communities are facing a problem similar to Milford’s concerning the surge of new adult businesses.

"Milford’s become a hot spot and we don’t want to be known for that," Amann said. "We’re an attractive community for families, not a porno heaven."

Roy said he wholeheartedly supports cracking down on existing adult businesses and said those establishments send the wrong message to youths.

"I’m happy to co-sponsor this legislation and wouldn’t it be a wonderful world if there was no market for this type of material," Roy said. "Maybe it’s time to test it in court again on a community’s ability to regulate hard-core pornography."

Rep. Michael Lawlor, D-East Haven, who is the General Assembly’s Judiciary Committee co-chairman, said it’s not unconstitutional for the General Assembly to enact legislation that would exempt adult establishments from the "grandfather clause."

He said communities would have to seize the property but would have to pay the adult-business owner the full value of the business, which could be expensive.

Lawlor said it might be difficult for Milford’s legislators to garner enough support for their proposal if they can show only that the X-rated shops offend the community but don’t break laws.

Mayor James Richetelli Jr. said he lauds the legislators’ efforts and said the proposal would be a tool that could enhance the city’s ability "to protect our citizens from the secondary effects of this type of establishments.

"I’m grateful the state legislature is considering introducing this law," Richetelli said.

Former aldermanic Majority Leader Jack Fowler, R-1, who crafted a resolution in 1999 requesting that the legislature enact similar legislation, said the delegation should be praised for introducing the bill.

"It’s a good idea, but also a controversial idea," Fowler said. "There’s no question about it, if it’s passed it will immediately result in a lawsuit. This is a direct threat to (adult owners) existing businesses."

Brian McCready can be reached at bmccready@nhregister.com or 876-6800.