The door-removal requirement was among conditions of the entertainment license issued to the business, Amazing. Sarno, dated March The business sells adult videos, magazines and sex toys, along with having the coin-operated video viewing booths. According to the city, an inspection of the business on Dec. The inspector's testimony and photographic evidence was presented during a hearing on the license request and was incorporated into Sarno's decision.
The doors, however, were still in place Thursday. City Solicitor Edward M. Pikula said the continued use of the doors appears to be in violation of the new entertainment license, and will be investigated.
The city has an ongoing legal battle with Capital Video Corp. Superior Court Judge Cornelius J. Moriarty overruled the city's decision in August of , ruling in part that there was no basis to conclude that the booths "presented a health hazard or adversely affected the public interest in any way. The city has appealed, and has a hearing before the Massachusetts Appeals Court on Wednesday to further argue the case.
The hearing is being conducted locally at Western New England College. Thomas B. Lesser, a Northampton lawyer representing Capital Video, said he has not yet seen the new entertainment license, but questions the new requirement to remove the booth doors. Lesser said the appeals court hearing "might shed some light on this issue. The license will continue to have conditions that were ordered in the business' license including: surveillance cameras must remain installed in the booth area and outside the store; the current lighting must be maintained inside and outside the store; and at least one employee must be assigned to monitor the booth area.
Pikula said the city is appealing the portion of Moriarty's decision that states the business is constitutionally protected. If you purchase a product or register for an account through a link on our site, we may receive compensation.
