City lawmakers are considering a new law that would effectively ban sexually oriented businesses from opening in Ansonia.
The city already has an ordinance on its books prohibiting ​“adult-oriented establishments” from locating within 1,000 feet of any church or school, or within 500 feet of a residential zone.
Now parks, public buildings and recreation areas could be added to the ​“not within 1,000 feet” list. The proposed local law would also require the business owner to get an annual license from the city.
In addition to sex toy shops, porno theaters and strip clubs, the law would cover escort agencies, massage parlors, ​“nude model studios” and ​“sexual encounter establishments.”
The 21-page proposed ordinance is posted below:
Sexually Oriented Businesses Ordinance
Interestingly, the proposed law actually lessens the distance sex-related businesses have to be from residential zones. That could change upon revision.
Why Do This?
The Internet, where consumers have been known to sometimes privately purchase adult items that previously required a trip to the store, has changed the economic climate for bricks-and-mortar adult stores.
In fact, Internet piracy has decimated the adult industry in general, according to this 2013 story from the Huffington Post (warning: some images in the story may not be safe for work).
The local sex industry — meaning shops and strip clubs — hasn’t fared much better.
A handful of adult-oriented businesses on Route 34 have all been shuttered. In Derby, the Love Shack closed after a dispute with Aldermen and the police chief. The nearby Wild Irish Rose strip club in Derby also closed, as did Pier 34, formerly on the shores of the Housatonic River in Seymour.
At one point, Ansonia had a massage parlor at which cops suspected sexual favors were being traded for cash on Bridge Street. But it was shut down because it wasn’t licensed properly, Ansonia Police Chief Kevin Hale said at a May 19 meeting of an Aldermen’s subcommittee.
No adult businesses operate in Ansonia. There are no applications or plans before the city to start any news ones, officials said.
An Internet search shows that an adult business is operating out of a north end home in Ansonia — but it’s a mail order business.
John Marini, the city’s corporation counsel, said the mail order business wouldn’t be affected by the new law. It is intended to cover bricks-and-mortar businesses.
So why do this?
Officials indicated they’re trying to be proactive by tightening their regulations on local adult oriented businesses.
“There is a case to be made that such businesses pose a significant risk to the health and safety of communities if located in certain areas or situated next to each other,” Marini told Aldermen.
The proposed local law cites a myriad of studies that say such businesses lead to increased crime, lower property values and quality of life in the areas around them.
Click the play button on the video below to see part of the discussion.
But Isn’t This An Outright Ban?
Local lawmakers can’t outright ​“ban” adult oriented businesses.
The U.S. Constitution has a First Amendment which protects free speech, and an Equal Protection Clause, which mandates that similarly situated people and businesses be treated equally. Owners of adult businesses have successfully swatted some regulations using those protections.
Click here to read a study by a professor at the University of North Carolina’s School of Government discussing how governments can tailor laws to keep them from being struck down by courts.
Ansonia’s proposed local law is a copy of a law that was adopted in the City of Berlin.
The Berlin law isn’t just tough — it stood up to a court challenge, Marini told the Aldermen.
“The ordinance we’re considering is essentially a very beefed-up version of our own ordinance,” Marini said.
Second Ward Alderman Lorie Vaccaro asked Chief Hale at the May 19 meeting about whether there’s a ​“trickle-down effect” of adult businesses. See the video below.
“There absolutely is,” Chief Hale responded. ​“You have a direct connection very often to prostitution, to some physical crime, violent crime, drugs.”
“You can’t outright ban it but you can certainly regulate it,” the chief said.
Marini agreed.
“What the ordinance seeks to do is not outright prohibit these businesses 100 percent, which would not be legal, but it seeks to regulate where they can be located, and also create a licensing procedure for those businesses that locate in areas where it is permitted,” he told Aldermen.
The map below shows Ansonia churches schools and public buildings, with 1,000-foot circles drawn around them.
That doesn’t leave much wiggle room.
Since the proposed law prohibits adult businesses from opening within the circles and within 250 feet of a residential zone, isn’t that a complete ban?
Ultimately, that would be for a court to decide, Marini said. The city has a duty to protect ​“vulnerable areas.”
“We are certainly acting on a lot of information, evidence and studies that indicate there is a serious detrimental effect, particularly when located next to areas like schools, churches, public facilities and residences,” he said.
The Aldermen’s ordinance subcommittee took no action on the proposal at the May 19 meeting. They will meet again June 8, at which time Marini said the subcommittee may vote to also include a prohibition on adult businesses opening near restaurants that cater to families, a suggestion put forward by Third Ward Alderman Joseph Jeanette.
If approved by the subcommittee, it would be forwarded for consideration to the full Board of Aldermen at their June 9 monthly meeting.