In March 2002, Clifford Tumosa, of Dover-Foxcroft, created a corporation, Northshore Distributing Inc., and listed his business as novelty-retail. Under that name, Tumosa and Jay Tuxford, of New York, leased a property at 583 South Main St. in Brewer and applied for a license to open a video store, also under the name Northshore Distributing. They were granted a license to open.

A local couple noticed that a new business was moving into long vacant property, and stopped in to inquire. They learned, then, that an adult video store was moving into their, and my, neighborhood. Neighbors contacted the city council. We learned that, according to present city ordinances, this business cannot be located where it is.

As we all know, now, this business is Pandora’s Boxxx. It is 75 feet from church property, next to and across the street from family residences, and not far from another church and a public park. There is a school bus stop across the street. It seems odd, to say the least, that franchise owner Tuxford would not be aware that his newest Pandora’s Boxxx would be in violation of city ordinances, since he has several other Pandora’s Boxxxes in other cities and states. They all have similar ordinances.

The city of Brewer informed Tuxford and Tumosa that they could not open due to these obvious violations. Pandora’s Boxxx, even though they had leased the property and gained a license to run a business without disclosing the true nature of their business, responded by bringing legal suit against the city of Brewer. They claimed Brewer’s ordinances were unconstitutional, and that they impinged upon their First Amendment rights.

Although there were viable legal alternatives, Brewer backed down, believing they either could not win the case or that they could not afford to fight it, and settled with Pandora’s Boxxx. This is the settlement: 1. Pandora’s Boxxx gets to stay where they are in perpetuity. They are not subject to present or newly proposed ordinances. If they were, they would have to move. 2. They do not have to obtain an adult use license.

Now, nothing about this settlement is acceptable to the majority of citizens of South Brewer, or to many of our neighbors in Orrington or surrounding towns. But the fact that this business is open without the required license is outrageous. According to Brewer’s ordinances, both present and newly proposed, adult use establishments, which include adult video stores, and are defined by their signage, merchandise, and prohibition of minors according to article 4, section 500 of city ordinances, are required to obtain this license in order to “regulate use which because of their very nature are recognized as having serious objectionable characteristics, particularly when several of them are concentrated under certain circumstances thereby having a deleterious effect upon the adjacent areas OR when they are in proximity to residences, schools, houses of worship, or public parks or recreational areas.”

This quotation is directly taken from Brewer City Ordinance, Article 5, Section 500. Section 501 says, “No person shall operate an adult use establishment without a valid Adult Use Establishment License issued by the city, nor shall any property owner permit the use of his or her premises to be operated as an Adult Use Establishment without a valid Adult Use License…” Section 502(a) states that “an applicant for an Adult Use Entertainment License shall complete and file an application … file the release authorized by 16 MRSA Sectiion 620(6)(Criminal History Record Information Act) with the application for each officer, owner, manager, or partner of the applicant” and Section 502(b) says “The Police Chief or his or her agent shall investigate the application, including the criminal history record information, and shall report findings in writing to the city clerk.”

All of these requirements have been negated for Pandora’s Boxxx. I have to wonder why this particular adult use establishment is being allowed to operate without this safeguard in effect. Why not require them to get the appropriate license and have the required criminal checks? Why should that be a problem for Tuxford, Tumosa or anyone else involved with this business? These safeguards are in place for a reason, well stated in Brewer’s own ordinances, and, yet, Pandora’s Boxxx can operate without them. What is wrong with this picture?

I find it ironic that while the city is planning a grand waterfront renewal, which includes a child-friendly riverfront park, it has also allowed a child “not-friendly” business to operate against all city ordinances, old or new, with all safeguards taken off, less than two miles down the road from the site of the proposed children’s park. What kind of waterfront renewal is that?

Please visit www.ccc.brewer.org on the Web if you want more information and history regarding this entire subject. And remember to vote on Nov. 4.

Marilyn Cleveland, of South Brewer, is a member of Concerned Citizens of Brewer.