Battle to keep strip clubs out energizes residents in Milford
MILFORD - East Main Street in this working-class town is home to small, family restaurants, a Dunkin' Donuts shop, and soon a day-care center. And, potentially, a strip club, unless a vocal group of residents has its way.
Opponents of a proposed "adult entertainment enterprise" at what is now a sports bar are expected to throng a public hearing tonight, in a battle that has energized this town of more than 26,000 along Interstate 495.
More than 1,300 people have signed a petition in opposition, and more than 100 turned out Saturday in the rain carrying signs saying, "No nudes is good nudes," said organizer Cheryl Shea, who manages Prezo Grille and Bar, a restaurant across the street from the sports bar.
There are no strip clubs in Milford, and residents want to keep it that way. The town has worked hard to improve its image, said former state representative Marie Parente, by giving tax breaks to attract new businesses in place of the abandoned granite quarries that were once the town's livelihood.
"We don't want to be known for the nude dancing," said Parente. "I just fear that the work we did to create a new image in town will be destroyed."
On Feb. 4, Kevin T. Coady Sr., the owner of Doc's Sports Bar, filed for a special permit for an adult entertainment enterprise. He did not return calls seeking comment, and his lawyer refused to describe specifically what type of business Coady is seeking.
Under Milford zoning bylaws, the request means the owners want to open one of a number of businesses: an adult bookstore, adult theater, adult paraphernalia store, adult video store, or adult entertainment establishment, which includes "exotic dancers, strippers, male or female impersonators, or similar entertainers."
The town has so far sided with the opponents. Last week, the Planning Board voted unanimously to give the proposal an "unfavorable recommendation," saying a permit would violate town laws, which say that adult entertainment is not allowed within the same block or within 400 feet of certain protected places, including a residential area, school, or place of worship.
The Planning Board agreed with Town Planner Larry Dunkin, who says the location is too close all three.
In particular, a day-care center has already been granted a building permit for the lot next door. Also, a Sikh temple is located on the same block, Dunkin said.
Coady's lawyer, Kenneth Tatarian, said he will not comment on specifics until tonight's hearing before the town's Zoning Board of Appeals.
"We're confident that the issues should be decided favorably to Doc's," he said. "We hope that the zoning board will see that, because the facts will support Doc's in this."
Residents say that the law is on their side, so that is what they are focusing on. They also say they don't want a strip club or any other adult entertainment in their backyard because of crime and other concerns.
"It's going to affect the home values and the quality of life in this town," said Richard Mancuso, who lives near Doc's.
Some business owners have joined the fight, including Tom Oliveri, the owner of Prezo's. He has customers from
"You just get a crowd you don't want hanging around your neighborhood," he said.
Conflicts over strip clubs are not uncommon. Fall River, where adult entertainment is allowed in business districts with certain requirements, is in a similar fight.
A restaurant owner who lost a court battle in 2003 against the city over the issue filed a zoning change proposal Tuesday night so adult entertainment would be allowed where he is located, said Jim Hartnett, Fall River's planning director.
It will probably be a few months before the City Council makes a decision, he said.
Most Massachusetts towns have set up zones, traditionally with buffers around schools and other protected uses, so they can have some control over where strip clubs go, according to Tom Lesser, a Northampton lawyer who has represented many adult entertainment establishments that have opened in the last 20 years.
But Lesser said he has helped several clients persuade the courts to declare such zones unconstitutional. "There's a constitutional right to open and operate a reasonable number of adult entertainment establishments within any particular town," he said.
If the zoning board rejects the special permit, Coady can appeal to district court or state Land Court. If the permit is approved, he will still need a license from the Board of Selectmen.
Parente recalled that about 30 years ago, the town was able to close a strip club by threatening to take away the establishment's liquor license, leverage that municipalities no longer have.
"If you cannot expose your body parts walking along the street or in your backyard or anywhere else, because you'll be subject to obscenity laws, then why on earth do we allow the same thing set to music where people are drinking alcohol," Parente said.
Lisa Kocian can be reached at lkocian@globe.com. 