Connecticut Attorney General's Office
Press Release
Attorney General Praises Federal Appeals Court Ruling Upholding Berlin Sexually Oriented Businesses Ordinance That Stopped VIP Sex Store
January 25, 2010
The U.S. Court of Appeals for the 2nd Circuit overturned a lower court ruling that held Berlin's adult sexually oriented businesses ordinance was likely unconstitutional because it was too vague. The ordinance prohibits operation of a sexually oriented business within 250 feet of a residential area, as VIP requests.
Blumenthal filed a friend of the court brief in support of Berlin's appeal.
"I am pleased that the appeals court upheld Berlin's common sense restrictions on sexually oriented businesses, setting the stage for trial later this year," Blumenthal said. "The court reaffirmed the right of towns and cities to regulate sexually oriented businesses, keeping them away from residential areas, as well as schools, daycares and houses of worship.
"I will continue fighting to support Berlin's battle to stop this store, assisting wherever possible during the upcoming trial. We need to make VIP's application DOA, protecting children and residents from the well-documented harms of such businesses, including increased crime and decreased property values.
"As sexually oriented businesses proliferate across the state, Berlin is on the front lines, fighting to defend not just its residents, but countless other communities seeking to stave off unsavory establishments. I stand at their side, ready to fight for their right to restrict businesses that bring crime and property devaluation."
Berlin denied VIP's application to open a store as a violation of its sexually oriented businesses ordinance. VIP sued to overturn the denial, but the district court ruled that Berlin's ordinance was likely unconstitutional, complicating the town's defense.
Today's appeals court decision strengthens Berlin's case at the U.S. District Court trial scheduled for July.
Other state municipalities with similar ordinances include Ansonia, Branford, Bristol, Cromwell, Ellington, Enfield, Fairfield, Griswold, Hartford, Mansfield, Meriden, Rocky Hill, Seymour, Southington, South Windsor, West Hartford and Wethersfield.