by Mike Schnitzel
According to Mike McKenna, village attorney, 457 summonses have been served to Hempstead Video since January 2004 for violations of Local Law 4, which prohibits such businesses from operating within 1,000 feet of a school or church, or within 500 feet of private homes. The first fine was $2,000, and each additional summons was for $3,000.
"[Hempstead Video owner James Alessandria] has been making a profit on this business while he's been in violation of the law," said McKenna. "We're just trying to recoup some of that money."
McKenna said the village's case against Hempstead Video regarding the summonses will be heard by Judge Robert Bogle in village court on Sept. 21, where the amount of money due to the village will be determined.
Under an agreement reached in May 1996, Hempstead Video was allowed to operate Xpressions adult store on Sunrise Highway in spite of Local Law 4, which was enacted after the store opened, with the stipulations that its windows be covered, its sign read only "adult shop" or "adult store" and that no enclosed viewing booths be allowed on the premises.
Hempstead Video was found to be in violation of the agreement by Valley Stream code enforcement in January 2003, after code-enforcement officers received a tip from a former employee that there were enclosed viewing booths in the store. Code enforcement cited the business for the violation, and under the agreement with the village, the owner had 20 days to rectify the problem. However, the viewing booths were not removed until six months later, according to the village, resulting in the termination of the agreement between the village and Hempstead Video due to breach of contract.
Once the agreement was void, the adult store was subject to Local Law 4, and the village sued to obtain a temporary injunction against the store to prevent it from doing business. The village was then able to begin issuing summonses.
That injunction was upheld in a decision by Justice Joseph A. DeMaro in New York State Supreme Court on Aug. 16. A conference on scheduling a trial for contempt of the law and obtaining a permanent injunction against Hempstead Video is scheduled for Sept. 12 at 9:30 a.m. in New York State Supreme Court.
According to McKenna, an appeal has been filed on behalf of Hempstead Video to get the temporary injunction removed. The store was allowed to remain open until Aug. 19 for video returns only. "In one sense this is not yet a final decision, but they can't open again unless they beat us in court," said McKenna.
Mayor Edward Cahill was happy with the court's decision. "Finally, justice has been served," he said. "It's a really terrible location for that store, and as the mayor of Valley Stream, I don't like that type of store in the village."
Repeated calls to the owner of Hempstead Video and his attorney, Paula Frome, of Garden City, went unreturned.
Comments about this story? MSchnit-zel@liherald.com or (516) 569-4000 ext. 208.
