Family Video officials plan to fight charges brought by the city of Auburn that their company is violating city code by renting adult videos to its customers.
The case brought by the city against the recently opened business at 48 Genesee St. was adjourned Friday in Auburn City Court until April 11 by Judge Michael F. McKeon. The judge then recused himself from the case because he actually wrote the ordinance in question while serving as city attorney in 1998, and because his court attorney served on the city planning board when Family Video was applying to open its store. He said it may take some time to find a judge who can oversee the matter.
Following the court appearance, Douglas Klang, Family Video's director of real estate, said the company does not believe its store fits the definition of "sexually oriented businesses" outlined in the city code.
He said the store has a separate, age-restricted area for adult videos, but that adult videos make up 7.5 percent of inventory, 1 percent of sales and 4.5 percent of floor space.
The city states the business is in violation of a municipal code that restricts sexually-oriented business to locations at least 500 feet from any residential dwelling.
Sexually-oriented businesses include adult bookstores, theaters, motels, cabarets and massage establishments, according to article 305-72 of Auburn's municipal code. To be defined as an adult bookstore, a "substantial or significant portion" of the establishment's stock has to be books, magazines, films, videotapes that it excludes minors from buying by reason of age.
"We do not feel that this ordinance applies to us," Klang said.
City Manager Mark Palesh, though, said Thursday that by offering adult materials, Family Video falls under that definition. Palesh also said the company's name is misleading.
"It seems like a trap to bring families in and then expose them to the worst of society," Palesh said Thursday. "I, for one, will never expose my family to that store again. Other people will have to make that decision on their own."
Palesh said that if the judge decides the video store is violating city code, the city will issue a notice calling for the business to cease and desist renting the material. If the judge rules in favor of the business, the city could re-examine the code and make it more specific, Palesh said.
Family Video will not make any changes to its store pending the resolution of the case, Klang said.
"We feel that there's a silent majority out there that this is not an issue for," he said.
Family Video Movie Club is the third-largest chain of video stores in the country. The Glenview, Ill.-based company opened its Auburn store in October 2007.
Klang said the chain has encountered this issue a few times in other communities, but has never been found to fit under the definition of an adult business.
Following the court appearance, Douglas Klang, Family Video's director of real estate, said the company does not believe its store fits the definition of "sexually oriented businesses" outlined in the city code.
He said the store has a separate, age-restricted area for adult videos, but that adult videos make up 7.5 percent of inventory, 1 percent of sales and 4.5 percent of floor space.
The city states the business is in violation of a municipal code that restricts sexually-oriented business to locations at least 500 feet from any residential dwelling.
Sexually-oriented businesses include adult bookstores, theaters, motels, cabarets and massage establishments, according to article 305-72 of Auburn's municipal code. To be defined as an adult bookstore, a "substantial or significant portion" of the establishment's stock has to be books, magazines, films, videotapes that it excludes minors from buying by reason of age.
"We do not feel that this ordinance applies to us," Klang said.
City Manager Mark Palesh, though, said Thursday that by offering adult materials, Family Video falls under that definition. Palesh also said the company's name is misleading.
"It seems like a trap to bring families in and then expose them to the worst of society," Palesh said Thursday. "I, for one, will never expose my family to that store again. Other people will have to make that decision on their own."
Palesh said that if the judge decides the video store is violating city code, the city will issue a notice calling for the business to cease and desist renting the material. If the judge rules in favor of the business, the city could re-examine the code and make it more specific, Palesh said.
Family Video will not make any changes to its store pending the resolution of the case, Klang said.
"We feel that there's a silent majority out there that this is not an issue for," he said.
Family Video Movie Club is the third-largest chain of video stores in the country. The Glenview, Ill.-based company opened its Auburn store in October 2007.
Klang said the chain has encountered this issue a few times in other communities, but has never been found to fit under the definition of an adult business.
The Citizens' Say
There are 12 comment(s)
geggles wrote on Feb 16, 2008 11:44 PM:
From a laymans perspective it seems as though the Code as written has accomplished the goal of its authors. Adult entertainment is not readily seen or available within our city limits.
The damage done in undermining confidence of a local official and the evoked sympathy towards Family Video has been the only byproduct of this controversy.
The personal crusade of Mr. Palesh is highly questionable. The overwhelming sentiment as expressed on this board runs counter to the City Manager's wishes. The real question we should all have is whether this combative and unproductive style of leadership is pervasive through out the City Government? Cultivating business growth and investment in such a hostile environment is not in the best interest of the greater public good. It makes this bystander wonder why anyone would want to do business in Auburn? "
whats the deal wrote on Feb 15, 2008 10:13 PM:
nature lover wrote on Feb 15, 2008 7:50 PM:
usetolivethere wrote on Feb 15, 2008 7:27 PM:
first no smoking now censorship, welcome home comrad, i told ya a few months ago, they start small then keep going after your freedoms. pretty soon they will take this away
"
AJ wrote on Feb 15, 2008 7:23 PM:
I'm curious, though, does he let his family watch violent movies? He probably has no quarrel with that. "
nature lover wrote on Feb 15, 2008 6:52 PM:
realist wrote on Feb 15, 2008 6:42 PM:
doodles13021 wrote on Feb 15, 2008 5:32 PM:
girlygirl wrote on Feb 15, 2008 4:28 PM:
Greggzorz wrote on Feb 15, 2008 1:15 PM:
james_13021 wrote on Feb 15, 2008 12:51 PM:
In fact the article 305-72 of Auburn's municipal code, should be updated/modified, as it was in 1998, by permitting the renting of these type of videos with restrictions on how they are presented to the public.
The 500 foot is extreme, and there is no place in town where you could rent such material without there being a residence within 500 ft (but maybe that was the intolerant attitude back then?)
Mark Palesh has a point about it being properly displayed to the public. but this can be addressed properly, without all the drama he has been going about.
I just hope this "drama" is not how he handles all his duties??? A little review into his behavior may be forthcoming...who knows?
More tolerance, understanding, and compassion...please!!! "
born-in-bklyn wrote on Feb 15, 2008 12:48 PM: