By: Nicole Falco
The Village of Valley Stream plans to serve the adult store on Sunrise Highway with a summons a week for operating in violation of a local law that prohibits such businesses from being too close to schools, churches and homes.
Hempstead Video has operated at the intersection of Sunrise and Rockaway Avenue since 1994. It sells lingerie, sex toys and adult videos. Because the local law was enacted after the store opened, it was allowed to operate with stipulations, including that it could not have enclosed rooms or flashing lights and that its windows had to be covered. However, Mike McKenna, attorney for the village, said the store lost the protection of that agreement when it violated it by installing six enclosed viewing booths. U.S. Magistrate E. Thomas Boyle agreed.
On Jan. 5, Boyle ruled that the village could invoke its local law against the business. Code enforcement agents issued a $2,000 summons to the store last Friday, and McKenna says more will follow. Each additional summons could cost the store $3,000.
We-re going to continue to serve them summonses and they will have to continue to pay, McKenna said. At some point, if they continue to violate the law, we will reserve the right to go to the Supreme Court and hold them in contempt.
Paula Frome, the attorney representing Hempstead Video, did not return a call for comment. According to a previously published report, John Kase, speaking on Frome-s behalf, said that the business would likely appeal the judge-s ruling and fight any summonses. Hempstead Video has 30 days from the date of the ruling to file an appeal.
When the store opened, it did not obtain a mercantile license. The village immediately enacted Local Law 4, which said that such a business could not operate within 1,000 feet of churches and schools or within 500 feet of homes, and began serving the store with summonses. The business is located within 500 feet of the Brooklyn Avenue School as well as a church and homes, according to the village. Hempstead Video filed a federal suit against the village, charging that it-s right to free speeh was violated.
In May 1996, the two sides reached an agreement based on the stipulations and the store was grandfathered in. It was further stipulated that if Hempstead Video was found to be in violation of any of the conditions, it would have 20 days to correct the situation.
In December 2002, the village received an anonymous tip that the store had six viewing rooms enclosed booths and that they had been there since 1997. In addition, the doors to the booths could be locked from the inside and toilet paper dispensers were available to users. In January 2003, code-enforcement officials saw the booths first-hand and cited the store. Its management was asked to remove the booths, but refused. The management said that the 18 inches of space between the top of the booths- walls and the ceiling meant they weren-t actually enclosed. In June, the doors were removed, but not in time, according to the village and the judge.
I-m extremely happy that we won the lawsuit in federal court, said Mayor Edward Cahill. I would be happy to see [the store] closed and leave the area. It-s always been my opinion that its [location] is not the proper place for that type of business.
