BREWER – Despite local concerns, a store featuring x-rated movies and adult toys, novelties and lotions opened its doors to business July 7. The store, named Pandoras Boxxx, is at 583 South Main St., the former site of B&L Auto Parts.
A certificate of occupancy was granted to the business last week after the filing of a federal lawsuit that alleges the city of Brewer committed constitutional violations by refusing to let the store open late last summer.
The opening of the business was preceded by a local protest a week ago where residents of South Main Street stated the store would be degrading to women. The pastor of the nearby Second Congregational Church claimed the business violated a city ordinance that prohibits pornography sales within 1,000 feet of a church.
The topic of the store and local reaction to it will be taken up at the regular Brewer City Council meeting July 15.
The lawsuit, filed June 2, claimed Northshore Distributing Inc., owners of the store, had attempted to reach an amicable agreement with the city and that a consultant had tried to determine where an adult-oriented business could locate in Brewer under its ordinances, but could find no location. The city “is not allowed to ban such speech especially when its constitutionally protected,” said Attorney Barry Covert of New York City, who is representing Northshore.
City Manager Steve Bost said Monday that city attorney Joel Dearborn is “in the process of negotiating with the parties through the court.”
Asked if the lawsuit had been settled, Bost said he was “not sure the terms of agreement have been reached yet,” though the general consensus was that the matter would be worked out. The documents were still on file as an active lawsuit at U.S. District Court on Monday.
Attorney Dearborn declined to comment.
“The city was presented with some very serious First Amendment issues” in the lawsuit, Bost said. The city attorney, after researching the issue, “determined this is a case in which the city would not prevail.”
The city took the attorney’s advice, according to Bost. The alternative, to fight the matter in court, could have proven expensive for the city, possibly amounting to hundreds of thousands of dollars.
“Going to the taxpayers was not looked upon favorably” in the matter, Bost said.
A walk into the store at 11 a.m. Monday revealed a small front lobby that currently holds a collection of T-shirts and videotapes that apparently are not X-rated. A glass display case holds “surveillance equipment” according to a man who wouldn’t give his name but identified himself as a “traveling manager” for Northshore Distributing.
Behind a closed door is an apparently larger collection of tapes. With pictures of nearly nude women and sexually provocative titles, the tapes obviously cater to adults interested in X-rated video entertainment.
Window signs urge customers: “Don’t be shy, come on in.” Once inside, a poster touts the advantages of “herbal Viagra.”
The traveling manager said he planned to hire several employees to make sure nobody under 18 enters the store. He said 40 percent of the inventory would be earmarked as adult entertainment.
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