FARMINGDALE, Maine — Voters will be asked Thursday either to repeal the town’s ordinance regulating sexually oriented businesses or to allow 1st Amendment Adult Book & Video to reopen at 285 Maine Ave.
In advance of the vote, a group of residents distributed more than 500 letters asking people to attend the meeting and vote, scheduled for 7 p.m. at Hall-Dale High School.
Roger Mallar, a Farmingdale resident and signer of the letter, said the issue is critical to the future of the community. “People need to get out and vote,” he said.
Some residents at a public meeting last month were unhappy selectmen scheduled a special town meeting to decide the issue instead of waiting until the annual town meeting, when there generally is higher turnout, in March 2008.
1st Amendment owner Will Stuart was given five years to comply with the ordinance, which was adopted in March 2002. He shut his doors June 12 while awaiting the outcome of his petitions asking that the proposals be voted on at a town meeting.
Stuart said his business has a good track record: It’s a low-key, taxpaying operation without neon signs and with reasonable hours, he said, so it’s only fair he should be allowed to continue operating.
He said most businesses affected by new codes or laws usually are grandfathered — meaning they can abide by the rules in effect prior to the rule change.
“I’m just going to let it go where it goes and abide by the end results,” Stuart said Tuesday.
Town attorney Mary Denison, of Dyer, Goodall and Denison in Augusta, said one of the items to be voted on would repeal the current ordinance completely. That means future owners of a sexually oriented business could locate anywhere in town, Denison said.
The other item to be voted on “simply grandfathers the current business, but does not grandfather it at the current location,” Denison said Tuesday.
Residents adopted the ordinance on sexually oriented businesses in 2002 after a second adult book store — 1st Choice Adult Book & Video — moved down the road from 1st Amendment. But because it was only three months old, 1st Choice was given only a six-month grace period. Stuart was given a longer grace period because he had operated in town for 15 years.
The town cited 1st Amendment with six violations of the ordinance April 2, including being located within 1,000 feet of a residence; not having a required license for sexually oriented businesses; not having a required 200-foot space between its entrance, parking area or sign from the driveway of a residence; not having a continuous, 6-foot high, solid fence along its boundary with a residence; and various violations concerning the construction of its private viewing rooms.
Selectman David Ranslow said he’s curious to see Thursday’s turnout. He said either of the proposals would circumvent the entire process for regulating sexually oriented businesses.
“I have a horrible feeling nobody will show up. And when this blows up, they’ll come to town meeting in March and say, ‘I don’t get it.’ But then it will be too late,” Ranslow said. “I’d like to push people to go. They have one opportunity to have an impact on this decision — and that’s Sept. 13th.”
Mallar, the activist, agreed. “This is about a business,” he said, “not Will Stuart.”
Residents also Thursday will vote to amend an article, voted on at the March town meeting, that allowed 2007 property taxes to be due and payable Sept. 14. The amendment would change the date to Oct. 14.