Neighborhood Planning Aikido

Editors note: Ueshiba declared, "To control aggression without inflicting injury is the Art of Peace." Aikido is the marital art where one meets aggression with an effective but merciful response, and a means of finding harmony in conflict. In the following I justify why, as a practical matter, the City should try aikido in this instance where our rights of free speech and expression are at stake rather using crude zoning laws.

Dear Readers (and Critics):

I have thought a lot about the local planning control and economic development concerns many people have had with respect to adult establishments. I think the City should take a case by case approach, rather than acting upon the presumption that all adult establishments over 1,000 square feet are bad. After all, if public presumption were to rule the day, the world would still be flat.

The 135 King Street area is not exactly an upscale or residential strip, littered with empty lots, auto, hardware, muffler, fast food, etc. shops as it is. But for those of us who would like to see it improved upon, such as myself, many of us seem to believe a Cap Video store would be step in the wrong direction. I think it depends upon what Cap Video would actually do there.

Most of us assume adult establishments will be seedy, shoddy, etc. places, if not downright threatening. But this is not always the case. As you drive or walk by many of them you probably do not even notice the more upscale or quainter adult establishments which do not fit into your preconceptions. Adult establishments can be non-threatening and inoffensive on the outside and tasteful (no pun intended) and fun on the inside; some prefer to call these adult establishments “spas,” “clubs” or “sensuality shops,” for example.

As I understand it, the City’s long term plans for that section of King Street are for it to become more residential orientated and pedestrian, like the core of downtown is. I dare say a full sized sensuality shop at 135 King Street may advance the City’s hope and dreams for that section of King Street more than hurt them. It will draw many more pedestrian travelers and drive-by shoppers from downtown to stop and shop in that area than there are now. And with that pedestrian and other traffic will come the trendier retail establishments and other development that better fits into the City’s vision for that section of King Street.

As the United States 11th Circuit Court of Appeals remarked in a recent case, Peek-A-Boo Lounge v. Manatee County: “The evidence in the record relating to conditions in Fulton County shows unequivocally that property values in neighborhoods adjoining the Clubs have increased during the time the Clubs have been in existence, and that surrounding buildings show no signs of blight, or lack of physical maintenance.”

While I still am upset that Mr. G has not come to town and stood up to face the fire of public opinion, like many of us have, I shared our local planning control and economic development concerns with the attorney for Cap Video. I received the following from the General Counsel of Cap Video:

Dear Peter:

We sincerely appreciate your efforts, and your presentation of the issues. As Capital Video has developed stores, it has definitely been moving in the direction of a "Sensuality Shop". We have a few of these currently, including on Rte 9 in Northboro, MA; on Rte 1 in Peabody, MA; and a store off of Rte 95 in Providence, RI. These stores are presented in a much more mainstream manner, much like one would see in a Victoria Secret in a mall, with pleasant colors, music, carpeting. These stores carry a wide variety of adult novelty items, along with lingerie, gag gifts like one finds at Spencer Gifts, greeting cards, lotions, games, along with the so-called "porn". We even sell higher priced original erotic and sensual art and memorabilia in some stores.

We most certainly intend on opening an 'upscale' store in Northhampton, and would be very receptive to discussions with the community on the look, feel and the approach that the store presents to the community.

Unfortunately we have been short circuited in the process by the presentation of the ordinances that do not allow for any discussion.

Your efforts to establish a dialogue with the council and mayor are appreciated. I am available at most any time to sit and discuss different approaches to the issues, and to design a store that would not be offensive to the neighborhood and the community.

Please contact me at any time to discuss this further.

Lesley S. Rich, Esq., CPA
General Counsel
Metcap Management, LLC
1060 Park Avenue
Cranston, RI 02910

In light of this offer by Mr. Rich, for the City Council to take action here likely to result in needless litigation in this instance is just plain political convenience or grandstanding rather than responsible public service.

I think its time, even for the City Council Members who would ban adult materials entirely if they could, to put on hold their plans to pass the proposed adult entertainment zoning until the City and Cap Video have tried to work out a plan which will advance their respective interests and goals for 135 King Street and the surrounding area.

Yours/AC