BERLIN, CT – Whatever you call V.I.P of Berlin, don’t call it a “sex shop” in the presence of V.I.P. general manager Gary Porter.In a lawsuit filed earlier this month in federal court, V.I.P (Very Intimate Pleasures) states that its new store, which the company plans to open at a location adjacent to a stretch of the Berlin Turnpike, will cater to women and couples primarily, rather than single men, and should be considered a “romance shop,” as opposed to a “sex shop.”
Porter told the New Britain Herald that the only reason his shop is considered an “adult store” is because patrons are required to be at least 18 years of age in order to enter. A true “adult store,” Porter asserts, is a place that offers back rooms with curtains.
“We’ll be helping the community – maybe not Berlin, but surrounding communities,” Porter joked. “Community service is what we’re all about.”
In the lawsuit, attorney Daniel Silver, who represents V.I.P., asserts that the “ordinance adopted by the town council is unenforceable as it constitutes an ultra vires act in that it constitutes de facto zoning.”
Berlin Mayor Adam Salina thinks otherwise and takes exception to the rhetoric employed by both Porter and his attorney.
“Though Mr. Porter’s arrogance may be noble in the sex shop and novelty world, it does not serve him well in the town of Berlin,” Salina told the Herald.
With respect to the V.I.P. legal claims, Salina says Silver’s claims are off the mark.
“Mr. Silver has stated that many of our reports and studies which are the basis of this ordinance are outdated,” Salina said. “In my mind, property values and the quality of life for the neighborhood are issues that have not changed since the inception of this ordinance.”
Berlin’s ordinance prohibits sexually oriented businesses from operating within 250 feet of any residential property; the building V.I.P. intends to open in, which hitherto has housed the Huffman Koos furniture store, borders a middle-class neighborhood just off the Berlin Turnpike, according to the Hartford Courant.
When Berlin’s sexually oriented business ordinance was crafted in 2000, Silver was actually brought in to supply legal consultation to town officials. Silver was not paid for his services, however, which means that his current representation of V.I.P. does not constitute a conflict of interest, according to the Herald.
The V.I.P. action is the second recent action Silver has taken on behalf of a client operating an adult business. In May, Silver presented similar arguments on behalf of East Hartford business owner Wayne Massa, who wants to open a topless bar at a site that currently hosts another business Massa owns, the Infrared Café.
Silver says that the V.I.P. matter may be affected by the outcome of the Infrared Café, a decision that Silver told the Courant he expects will be delivered soon by the Court.
Berlin town officials have until December 5th to respond to the V.I.P. lawsuit.
