Assuming both sides sign on the line which is dotted, a New Haven Avenue porn shop will close after the city pays out some insurance money.
After meeting in executive session, the Derby Board of Aldermen unanimously approved a settlement late Thursday that would end a lawsuit brought against it by Beyond Distributors, LLC, better known as “The Love Shack.”
“We have a settlement agreement that has been drafted,” said Joseph Coppola, the city’s corporation counsel. “It needs to be signed by the opposing side and approved by the court. Upon its resolution, the litigation will terminate and, basically, Beyond Distributors will close shop within a period of time.”
How much the store owners will receive to settle the lawsuit wasn’t available Thursday.
The Love Shack sells pornographic DVDs, sex toys and other “marital aides” at its store at 1 New Haven Ave.
Its owners — Alfred Ciraldo and Frank Rosa — could not be reached for comment Thursday.
A phone message and an e‑mail seeking comment were left Thursday evening with the store’s lawyer.
According to a complaint filed by the two owners, city officials violated their civil rights by insisting a license was needed to open the business — and then dragging their feet and attempting to bury the business in red tape when it applied for the license.
Note: The initial complaint is available at the end of the article.
According to court documents, Derby didn’t have regulations of any kind regarding adult businesses when The Love Shack received initial permits from the city in July 2007.
In September 2007, the Board of Aldermen, according to the complaint, created an ordinance forcing adult businesses to apply for a license from the city.
The Love Shack tried for months to get the license, but city officials wouldn’t respond.
The Aldermen then tweaked an ordinance prohibiting sex shops within 1,500 feet of a school or 250 feet of a residential zone — The Love Shack is near a church and a neighborhood.
Meanwhile, the Shack has been open all along as the case was pending.
Ken Hughes, president of the Board of Aldermen, said the porn shop doesn’t fit the surroundings. The Derby Greenway (also called the river walk) is supposed to expand — practically to the Love Shack’s doors.
“It’s at a highly visible spot in Derby. We have a million dollar Greenway bridge which will drop people right at that location,” Hughes said. “It’s not really the image we want to portray.”
Mayor Anthony Staffieri said there wasn’t much he could say about the settlement until it is signed.
The Love Shack is expected to close 60 days after the settlement is approved by the owners and approved by a judge.
THE ORIGINAL COMPLAINT
LOVE SHACK v. DERBY –
