BERLIN, Conn. – A federal lawsuit against the town has been filed this week by the developer of a prospective sex shop called Very Intimate Pleasures. VIP of Berlin LLC, the group behind the proposed store, is arguing that an ordinance restricting sexually oriented businesses is unconstitutional.
The suit is in response to the town of Berlin blocking the company’s plans to open a shop in the area. Dan Silver, the lawyer representing VIP, told courant.com that the town has “violated the Constitution by restricting the location of a First Amendment-protected business when there isn't proof that it will cause secondary effects such as crime.”
The town ordinance prohibits adult businesses from operating within 250 feet of residential property.
Silver told the report that the town's regulations “are based on outdated studies that focused solely on businesses such as adult nightclubs and nude theaters. VIP,” Silver contended, “is a new kind of ‘take-out only’ store that wasn't considered when the ordinance was crafted years ago.”
Resident Laura Michaud, whose home is within 100 feet of the proposed site, told courier.com that the litigation comes as no surprise.
"I truly think the court is going to decide because I don't see either side backing down," Michaud said.
On Wednesday, Silver filed an administrative appeal with the town's zoning appeals board, which rejected a challenge from him during a Nov. 1 meeting that featured pleas from concerned neighbors against the store.
