NY- A trial date has been set in the ongoing legal battle between the Village of Valley Stream and Hempstead Video. The case will begin on Feb. 6 in New York State Supreme Court, before Justice Michelle Woodard.
According to Village Attorney Mike McKenna, the village is seeking to obtain a permanent injunction against Xpressions adult store on Rockaway Avenue in Valley Stream, which is owned by Hempstead Video, to "prevent them from operating in this location in violation of local law."
Hempstead Video, which reached an agreement with the village in May 1996 that allowed it to operate at its current location, is seeking to continue its operations there, according to its Garden City-based attorney, Paula Frome. She declined to comment further.
Under the terms of the agreement between the village and the store, Xpressions was allowed to operate with the stipulations that its windows were covered up, the sign outside the store read only "adult shop" or "adult store," and that enclosed viewing booths were not permitted on the premises.
Xpressions operated without problems until December 2002, when a former employee told the village that the store did, in fact, have enclosed viewing booths. Code enforcement officials inspected the store after receiving the tip, discovered the booths and cited the store for violating its agreement with the village. The store was allowed 20 days to correct the situation, but failed to take action to remove the viewing booths for six months.
As a result, a lower court ruled that the agreement between the village and Hempstead Video was void, and the village could enforce Local Law 4, which prohibits businesses with adult themes from operating within 1,000 feet of a church or a school or within 500 feet of a home. Local Law 4 was established after Xpressions opened, so the store had been allowed to operate with stipulations.
The only location within the village where a business similar to Xpressions would be allowed to operate is on Sunrise Highway near Green Acres Road West (adjacent to the Queens border), according to Village Clerk Vinny Ang. Last Aug. 17, New York State Supreme Court Justice Joseph A. DeMaro upheld a temporary injunction granted to the village by the lower court, forcing Hempstead Video to cease operations of Xpressions.
The store has remained closed for the past five months, and recently the building's landlord, Rockaway Associates LLC, sought to evict Hempstead Video due to a breach in their lease agreement. "The primary breach of [Hempstead Video's lease with Rockaway Associates] was their operating the premises in violation of the agreement that the tenant had made with the village," said Mike Sullivan of Riconda & Garnett P.C. in Valley Stream, attorney for Rockaway Associates.
"We don't wish to leave that property vacant. It's a valuable piece of property."
Sullivan explained that Hempstead Video has sought an injunction in New York State Supreme Court, which would prevent Rockaway Associates from evicting Xpressions from the property. Sullivan said that a court date to decide on the injunction had not yet been set, but added that he expected an announcement on one soon because "normally they are decided in about two months' time, and the Yellowstone injunction was submitted around Nov. 10."
A decision on the injunction will be made by New York State Supreme Court Justice Ira Warshawsky. Sullivan said that he was cautiously optimistic that the injunction would not be granted, and that he and his client would be allowed to move ahead with eviction proceedings against Hempstead Video.
Attempts to reach James D'Alessandro, owner of the adult store, through his attorney were unsuccessful. Dave Onorato, assistant superintendent of Valley Stream School District 24, said he hoped that Xpressions would never again be in operation.
"Brooklyn Avenue School is right down the street from the adult store," said Onorato. "It would be a shame that this would be in the middle of our community and our children would be continually exposed to something of that nature."
Sixth grade students at the Brooklyn Avenue School were allowed to leave the premises during their lunch break until about a year and a half ago, when safety concerns prompted a decision to rescind their open-campus privileges, said Onorato.
The proximity of the adult store to the school was a factor in that decision, but not the only one, he said.Other residents voiced their concerns about a possible return of the adult store. "My 8-year-old son asked me tonight what the shop was as we drove by," said Theresa DiSalvo, co-president of the Brooklyn Avenue School PTA.
"I don't think it's a good idea to have a shop like that so close to the school, and I think it degrades the community."
Jason Louis, manager of LuMarr's Tuxedo on Rockaway Avenue, said he felt that an adult shop should not be allowed so close to a school. "It brings in the wrong crowd," said Louis. "We're hoping to improve the crowd around here, and the adult shop didn't help."
Some community members disagreed with those sentiments, or were apathetic. Gail K., who was having her nails done at Queen Bee Nails & Spa on Rockaway Avenue Monday night, said that she felt the adult store should be allowed to remain open. "This is America - if you don't want to go in there, don't go in there," she said. "I understand what the village is thinking, but they shouldn't make a man close down his business."
Anthony, a manager at McDonald's across the street from the adult store who asked that his last name not be used, said that he didn't really care one way or the other whether the store closed or not. "When it comes to business I don't care," he said. "Personally, if people want to go to an adult shop, they can go to an adult shop."
