E.GREENBUSH, NY -A study of the impacts an adult business would have on the community is expected to be complete next month, announced Town Attorney Joseph Liccardi.

“I hope to have it by the next meeting (September 13),” he said. The Town Board will review the 400-page study and copies will be available at the town clerk’s office and East Greenbush Community Library for public scrutiny. “The board will then have to decide if they want to make any changes to it,” said Mr. Liccardi. The attorney said one problem with the original law limiting where adult establishments can locate was that this type of study had not been done. An Albany consultant on adult use businesses, Robert Penna, has been evaluating the town’s existing law and the effect of it and will make recommendations to the town. Following the study, the board may want to rewrite or amend the law. The law came about after Route 20 News and Video opened at 275 Columbia Turnpike. Several residents expressed concern that the shop, which sells adult videos and toys and has an “adult arcade” where persons over 21 can watch sex tapes, was too near residential homes. The town adopted the law, designating an area of Route 9J home for the businesses. Route 20 News and Video was given two years to leave and when it did not, Building Inspector Joseph Cheurbino cited them. Businessman William Muratone’s attorneys requested a hearing that was held in April, at which time the decision to conduct the study was made. “What, if any, steps will be taken about moving or shutting down Route 20 News and Video will depend on the study,” said Mr. Liccardi. “The town may consider other locations for adult businesses.” Mr. Liccardi said the town has been closely monitoring the area around the store to see if there has been an increase in crime that is sometimes associated with an adult business. “There have been no complaints and no arrests,” he said. “There has been no loitering, assaults or prostitution, disorderly conduct, burglaries, or anything that we know of. I think such things happen more in bigger cities where there are more of this type of operation.” At the hearing, attorneys for C&W Stores Inc. argued the town’s law violates their client’s civil rights. They also claimed the town law zones adult businesses out of existence and that the definition of adult bookstore is vague and invalid because, in enacting the law, the town failed to follow the procedures for amending the zoning code outlined in the Comprehensive Zoning Law and in state laws. “During the course of the hearing it was determined there is an expanding area of case law in regards to adult businesses,” said Mr. Liccardi. “A municipality cannot shut down a business on its content because that is a violation of the first amendment. A municipality can, however, based on adverse secondary impacts of such a business, put them in areas where there wouldn’t be such a large impact. That’s where the study comes in.” Supervisor Robert Angelini said there have been no problems with this particular business, but he worries if another opens close by there will be problems. The business in question was already open when the law was passed. The existing law restricts adult businesses to River Road near Teller’s Crossing and Railroad Avenue. Mr. Liccardi said the law is clear that municipalities cannot prohibit adult businesses, but they can restrict their location. But those sites have to be “reasonable,” or not so far off the beaten path that no one can locate them. “What is considered a reasonable location is something else Mr. Penna will evaluate,” said Mr. Liccardi. When C&W Stores Inc. filed an application in 2003 to open the business, the application indicated newspapers, magazines and videos would be sold, but no mention was made as to the adult nature of the items. When residents, and then the board found out, officials passed the local law which states in part that adult businesses can only operate in areas where there are no nearby residences, schools, day-care facilities or churches. If after the study is reviewed and the town decides to issue the business a ticket for violating the town code, business owners will have to appear in Town Court and there will likely be a trial. If it is determined the business is not in violation, it will remain open.