The city will pay $35,000 and the owners of a porn shop will close their doors, according to a settlement worked out by Derby and Beyond Distributors, LLC.
The company operates “The Love Shack,” an adult store at 1 Derby Ave. that sells pornographic DVDs, sex toys and other “marital aides.”
In May 2008, the Love Shack’s owners, Alfred Ciraldo and Frank Rosa, filed a civil rights lawsuit against the city and Police Chief Eugene Mascolo, saying authorities insisted a license was needed to open the business — and then dragged their feet and attempted to bury the business in red tape when it applied for the license.
The Love Shack also said the city passed a law prohibiting adult stores from being near schools, churches and residential zones — the store is near all three — after the store opened.
Read background information here.
In a settlement signed by both sides July 31 and, according to online federal court records, approved by Judge Vanessa L. Bryant Aug. 3, the store will close by Oct. 2.
Within 30 days of closing, the owners will receive $35,000.
A copy of the settlement (stories continues below):
Love Shack v Derby Settlement
“Insurance is paying $25,000 and the city is paying $10,000,” said Joseph Coppola, the city’s corporation counsel.
The $10,000 will come from a portion of the budget dedicated to legal matters.
Derby Mayor Anthony Staffieri said the settlement is good for the city and will put an end to legal bills the city was racking up to fight the lawsuit.
Perhaps more importantly, it gets a porn shop out of a highly visible location on Derby Avenue, the mayor said.
“We won. Everyone complained about it. It’s a business no one wanted to be there,” Staffieri said. “That’s one thing you don’t want as a gateway to the city.”
A message seeking comment was left with Daniel Silver, the lawyer for the Love Shack owners.
The store, meanwhile, announced the settlement it is own way.
“1/2 OFF SALE,” one sign reads under its awning.
“STORE CLOSING SALE,” reads the other.
