By Mike Schnitzel
As the Herald went to press, it learned of a ruling by New York State Supreme Court Justice Joseph A. DeMaro to grant the Village of Valley Stream a temporary injunction against Hempstead Video, leaving the village victorious in the latest leg of a legal battle that has been ongoing for about two years since the village learned of the presence of viewing booths in the store.
According to a May 1996 agreement between the village and the store, the adult shop was allowed to operate with stipulations including keeping its windows covered up, the sign outside the store could read only "adult shop" or "adult store," and that there could not be enclosed viewing booths on the premises.
A former employee informed the village that the store had enclosed viewing booths in December 2002, and after code enforcement observed the booths first hand, it cited the store for violating it's agreement with the village. The store was allowed 20 days to correct the situation under it's agreement with the village, but did not take action to remove the viewing booths for six months.
As a result, a lower court ruled that the agreement between the village and Hempstead Video was void, and the village could enforce Local Law 4, which prohibits such businesses from operating within 1,000 feet of a school or church, or within 500 feet of homes. It was then that the temporary injunction, which was handed down on Tuesday, was sought by the village in order to get Hempstead Video to cease its operations on Sunrise Highway
A conference on scheduling a trial for contempt and obtaining a permanent injunction against Hempstead Video is scheduled for Sept. 12 at 9:30 a.m. in New York State Supreme Court.
Nicole Falco contributed to this story? Comments about it? MSchnitzel@liherald.com or (516) 569-4000 ext. 265.
