.

Appeals Court Rules for Milford in Doc's Sports Bar Case

The state Appeals Court ruled in favor of Milford's Zoning Board of Appeals, which had rejected a special permit that would have allowed strippers at Doc's Sports Bar & Grille. The business plans to appeal.

The state Appeals Court this week dismissed a case brought against Milford by the owner of who wants to feature strippers and other forms of adult entertainment.

In the two-page order, the appeals court found the bar did not have a "grandfathered" right to feature exotic dancers under a 1996 town bylaw on adult entertainment.

The Milford Zoning Board of Appeals rejected the bar's application for a special permit in February 2008. In rejecting the application, the zoning board determined that the club should not be allowed to include adult entertainment because the site is within 400 feet of a residential area — one that contains Sacred Heart Cemetery.

Courts have found that adult entertainment is constitutionally protected as expression. As a result, towns have adopted bylaws that regulate it, rather than prohibit it altogether. Milford first approved an adult entertainment bylaw in 1996. In 2008, the bylaw was updated. Both versions prevent adult entertainment facilities from locating on the same block, or within 400 feet, of schools, residential areas, churches, parks, playgrounds, and youth centers.

In a November 2011 decision, Worcester Superior Court Judge Dennis Curran rejected an assertion by Doc's that that the town's 2008 bylaw was unconstitutional, finding the town had acted appropriately. "[The bylaw] is narrowly tailored to serve Milford's substantial government interests because it targets only adult uses, and merely limits the location, rather than other aspects of their businesses," he wrote.

Kevin Coady, owner of Doc's, appealed the decision a year ago.

In its decision Tuesday, the Appeals Court found that the 2006 bylaw was not more permissive, and did not give the bar grandfathered status for adult entertainment. "Regadless of whether it was lawful, adult entertainment had not commenced at the plaintiff's locus and was never an existing use on which the plaintiffs [Doc's] could rely at any relevant time."

The decision threw out, or vacated, the judgment of the Worcester Superior Court judge, and dismissed the case as "moot."

Kenneth Tatarian, an attorney representing Coady, said his client plans to appeal the decision through an application for "further appellate review" to the state's Supreme Judicial Court.

The basis for the appeal would be to have the state's supreme court decide whether the case is moot, or valid.

Julie December 21, 2012 at 05:20 PM
Seriously the food and service is awful in this place
Robin L. Reardon December 22, 2012 at 01:52 PM
I remember Milford from the 70's & 80's. It was a rough town. It took many years and much effort to restore it to a community where famililies would want to live and raise children. The thought of reverting it back to the former cesspool it was sickens me. Mr. Coady are times that bad for you that you have to resort to this? And would you be spinning naked on a pole yourself? I thnk you and the Courts need to not only re-read the Constitution, but need to have it interpreted for you. You, like so many others, in order to further an agenda, throw up the Constitution without even knowing its interpretation. Statistically speaking, this sort of business does nothing more than increase crime and decrease property value. And the town, unfortunately is recognized by fact that it has "strip joints".
unclkebuck December 22, 2012 at 10:52 PM
Agree, and same goes for casinos.
chanandlerbong December 31, 2012 at 02:35 AM
Interesting, I think Milford was fine in the 80s and early 90s. It needs a lot of work now.

Boards

More »
Got a question? Something on your mind? Talk to your community, directly.
Note Article
Just a short thought to get the word out quickly about anything in your neighborhood.
Share something with your neighbors.What's on your mind?What's on your mind?Make an announcement, speak your mind, or sell somethingPost something