Auburn leaders are wasting time and money taking a city business to court over a trivial matter.
The city claims Family Video is violating a municipal code that restricts sexually oriented businesses from operating within 500 feet of a residence.
The problem? The 48 E. Genesee St. business rents adult videos.
Family Video says movies with adult-only content make up 7.5 percent of its inventory and only 1 percent of its sales. It's a national chain store with more than 450 stores across the country.
City Manager Mark Palesh says the store is operating illegally but the business says it's not violating the city code restricting businesses with books, magazines, film or videotapes making up a “substantial or significant portion” of stock. The stock at Family Video that's off-limits to minors makes up about 5 percent of its floor space.
We're certainly not advocates for “adult” businesses, and we understand why many people have strong objections to them. The character of the city would be ruined if there were topless bars and dirty-magazine shops on every corner - but this video store isn't one of those businesses.
Family Video came to Auburn with a plan to take over an environmentally damaged lot, clean it up, and build a brand-new 5,000-square-foot store. The city planning board gave the company its approval and the business opened in October 2007.
Palesh has been quite vocal about his opposition to X-rated movies and has even suggested that if a judge rules that the store is not in violation of the city code, that the city might have the code rewritten.
Family Video is not an “adult” business.
If Palesh objects to the way the company operates, that's fine. But he shouldn't let his personal views get in the way of public
policy.
The problem? The 48 E. Genesee St. business rents adult videos.
Family Video says movies with adult-only content make up 7.5 percent of its inventory and only 1 percent of its sales. It's a national chain store with more than 450 stores across the country.
City Manager Mark Palesh says the store is operating illegally but the business says it's not violating the city code restricting businesses with books, magazines, film or videotapes making up a “substantial or significant portion” of stock. The stock at Family Video that's off-limits to minors makes up about 5 percent of its floor space.
We're certainly not advocates for “adult” businesses, and we understand why many people have strong objections to them. The character of the city would be ruined if there were topless bars and dirty-magazine shops on every corner - but this video store isn't one of those businesses.
Family Video came to Auburn with a plan to take over an environmentally damaged lot, clean it up, and build a brand-new 5,000-square-foot store. The city planning board gave the company its approval and the business opened in October 2007.
Palesh has been quite vocal about his opposition to X-rated movies and has even suggested that if a judge rules that the store is not in violation of the city code, that the city might have the code rewritten.
Family Video is not an “adult” business.
If Palesh objects to the way the company operates, that's fine. But he shouldn't let his personal views get in the way of public
policy.
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Post your comment - click hereThere are 3 comment(s)
John M wrote on Feb 18, 2008 2:20 PM:
Andy B wrote on Feb 18, 2008 12:55 PM:
I happenened to go to Family Video last night and didn't even see a place for these video's let alone see any. "
karl L wrote on Feb 18, 2008 12:51 PM:
AAAAAAAAAAAAAAAAAAARRRGH!!!!!!!!!!!! "