EAST HARTFORD, Connecticut – — With two strip bars in town and developers wanting to open more clubs, the town has spent much of the summer struggling with how best to regulate adult-oriented businesses.
Now Town Attorney Thomas Gerarde has advised officials that the planning and zoning commission has a much better chance of fighting the businesses if it eliminates the need for applicants to get a special permit.
And that’s exactly what the commission did late Wednesday night by a unanimous vote and against the wishes of more than 80 residents who gathered at town hall for a public hearing on the issue. Residents who spoke urged the commission to fight the businesses, but the town has already been sued by two prospective owners. According to Gerarde, there’s little hope of winning when the lawsuit goes to the U.S. District Court because the special permit will be determined “to be unconstitutional and stricken.”
“Constitutionally they have the right to exist,” he said, adding that the town can’t have a special permit process for an applicant coming into a zone in which adult entertainment is allowed.
Although the special permit requirement was removed, adult-oriented businesses are only allowed in the town’s I-3 or Industrial III zones. But this angered some residents at the public hearing, who pointed out that some of these zones, while industrial areas, are near schools and residential neighborhoods.
“There’s no one in town that would like to see adult entertainment,” said resident Susan Skowronek. “Permits only work if they are enforced. We are an easy mark because we already have two strip clubs … This door is already open with Kahoots and the Venus Lounge.”
Kathryn Wednichuk, a 50-year resident, said she was “really dismayed with the town.”
“We are an island unto ourselves,” she said. “Why does the town look the way it does? One can only blame the zoning commission. We have too much spot zoning. We have a restaurant, home, gas station, home. I don’t want to be known as a town that fosters the development of strip clubs or adult bookstores.”
Former Mayor Susan Kniep called for an investigation of the commission, which brought a strong condemnation from commission Chairman Anthony Kayser.
“You have the right to speak, but no right to defame this commission,” he said.
“What this town is proposing is a crime,” she said. “To solve one problem, we have to open the floodgates to these businesses?”
According to Town Planner Michael Dayton, there are 14 towns and cities in the state where adult-entertainment businesses are a permitted use. There are approximately 60 towns and cities that require a special permit. He said there are 10 Industrial III zones in town.
“It’s a clear situation where these businesses have the constitutional right to exist,” he said. “We have a much better chance with the court system if it is a permitted use.”
The Masters Club LLC filed a lawsuit in October in U.S. District Court in New Haven against the town, Mayor Melody A. Currey and planning officials. The company purchased the closed Elks Club lodge at 148 Roberts St. and the neighboring 144 Roberts St. property for more than $1.3 million, planning to open an adult business.
Last month, another company, Pitkin Street Entertainment LLC, filed a lawsuit against the town and Gary Zalucki, town zoning inspector, in U.S. District Court in Hartford.
“We need to improve the quality of life for our children without upscale strippers,” said resident Marlene Colla. “If anyone wants to get their thrills, put on the VCR and go to it.”