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HomeMy WebLinkAbout2003-07-29 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES JULY 29, 2003 CALL TO ORDER: Wendy D. Wakeman called the meeting to order at 7:00 PM at the Senior Center. ATTENDANCE: The following were present: Wendy Wakeman, Chairman; Rosemary Smedile; James Xenakis; Donald B. Stewart; Mark J.T. Caggiano; Mark Rees, Town Manager; Thomas Urbelis, Town Counsel. PUBLIC HEARINGS: Amendments to Rules and Regulations for Entertainment Licenses. Chairman Wakeman said that the Town began writing new regulations by first looking at the types of rules other communities had established to regulate adult entertainment and were disappointed with what they saw and the lack of control. The 14 pages of new regulations being considered are an updated version of regulations passed in 2001. In order to craft the regulations, which spell out fee schedules and inspection rights for town officials, the town had to walk a fine line between safety and the First Amendment, the constitutional guarantee of free speech which protects a wide range of activities including nude dancing. These regulations are meant for one thing only —to ensure the safety of the town and the club itself. The Town cannot use the regulatory process to be a barrier to the establishment's success. Rosemary Smedile said several months ago the Town hired one of the best attorneys in the field, Scott Bergthold of Tennessee, who specializes in helping communities regulate adult entertainment. Under Bergthold's guidance, the town was able to establish a working set of rules that would limit some activities but would not leave the town vulnerable to a law suit over the denial of free speech. Smedile continued saying over the last several months the board has compiled documents, which relate to the issues involved in the regulation of adult businesses. These documents include court cases involving adult businesses, studies done in other communities, and reports by people who have examined adverse secondary effects of adult businesses. These documents provide support and reasons for the kind of rules and regulations which we are discussing this evening. The documents are in these two volumes and some of these documents recite in great detail the adverse secondary effects of adult businesses. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to have the evidence contained in these two volumes "Secondary Effects of Adult Businesses" be admitted as part of the record of these proceedings. Vote approved 5-0. Residents Sam Ameen of Coventry Lane, Paul Hedstrom of Oakes Drive, Dennis Card of Wood Avenue, Mary Armitage of Sutton Hill Road, Ellen and Mark Mosier of Kara Drive, Joan Kulash of Bradstreet Road, David Boudreau of Greene Street, Liz Webber of Lancaster Road, voiced opinions, ideas and concerns of the new rules and regulations among those: 1. Residents are worried about the increase in crime that a strip club could possibly bring to town. 2. Some are predicting a doubling of our crime rate and suggested some type of requirement for police details for weekend nights. 3. Another raised the possibility of denying a liquor license to adult entertainment businesses because of nude dancing. 4. A suggestion that a measure could be taken that would control noise at strip clubs. 5. A suggestion was made that the Licensing Authority could limit the interaction, not the freedom of expression, of customers and entertainment side of the business and limit the behavior or prohibit lap dancing. 6. To charge extra fees for liquor licenses to cover the extra services imposed on Town services. 7. To prohibit patrons of the club to tipping entertainers as illegal conduct. 8. Prohibiting 18 year olds from entering the club and restrict admission to those 21 and older? 9. Keep records on all disturbances at the club by police. 10. Board of Health could fine an establishment because of violating the smoking regulations of the town. Board of Selectmen Minutes July 29, 2003 2 Town Counsel Thomas J. Urbelis said under state and federal law, many of the resident's suggestions would be considered a violation of people's First Amendment right to freedom of expression —which includes nude dancing. Thomas Urbelis quoted the Attorney General of Massachusetts, "Municipalities cannot simply ban adult entertainment, a fact that surprised many people. The US Supreme Court and the MA Supreme Judicial Court considered nude or semi-nude dancing and other "adult entertainment" expressions protected by the First Amendment. This "speech" loses that protection only if it is so devoid of redeeming social value that it is considered "obscene." However, obscenity is not easy to define. In a now famous quote, former Supreme Court Justice Potter Stewart commented: "I know it when I see it." This does not mean that cities and towns are prohibited from regulating nude dancing. The First Amendment prohibits government regulation of the content of speech, but it allows reasonable regulation of"the time, place and manner"that speech is delivered. Thus, while the government cannot prevent you from speaking out on an issue, it can regulate how loud your bullhorn is. However, municipalities must be careful not to try to regulate adult uses for the "wrong" reasons. It is easy to understand why nude dancing and similar uses personally offend many people. A municipality could not regulate adult uses on this basis, however, because a judge would consider this to be regulation of the content of the "speech"." Municipal Law Newsletter April 1996. Attorney Urbelis commented on the civil rights case in which the owner of Lions Den Sports Bar&Grill Inc. received a $417,000 jury verdict against the Town of Salisbury, MA, which allegedly denied a license to operate an exotic dancing establishment due to, alleged discriminatory animus against nude dancing. Such animus was allegedly shown by the comments of Selectmen prior to the license hearings. Plaintiffs can file punitive damages against individual Selectmen if they try to stop nude dancing or prohibit a liquor license to an adult entertainment business that allows nude dancing. Chairman Wakeman thanked the residents for their suggestions saying the board will consider all that the law will allow after advice from counsel. The Board of Selectmen will vote on the "Amendments to Rules and Regulations for Entertainment Licenses" at their next meeting on August 11, 2003. James Xenakis made a MOTION, seconded by Rosemary Smedile, to close the Public Hearing. Vote approved 5-0. The Town Manager asked to add to the agenda the following item: Lions Club requests permit for sign. The Lions Club requested that a permit be approved for a sign to be placed at the Middle School on Chickering Road for the upcoming Bentley Brothers Circus. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to approve the permit for a sign to be placed at the Middle School on Chickering Road for the Bentley Brothers Circus. Vote approved 5-0. ADJOURNMENT: James Xenakis made a MOTION, seconded by Rosemary Smedile, to ADJOURN the meeting at 8:05 PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary Rosemary Connelly Smedile, Clerk of the Board