WESTBROOK – The city of Westbrook has shut down a new strip club on Warren Avenue, saying it didn’t meet fire codes or conditions of its occupancy permit.
However, the attorney representing Dreamers Cabaret contends that the business was closed because the city belatedly realized it does not have any zoning that regulates where such adult entertainment facilities can locate in the city.
“Read between the lines,” said attorney Thomas Hallett of Portland. “What happened is they came in and shut these guys down because they don’t like that they have a zoning error.”
Dreamers Cabaret, located in a former warehouse at 84B Warren Avenue, had just opened last Friday when the city shut it down.
City Administrator Jerre Bryant said city officials became aware late Friday of its existence, and closed it down on Saturday because of fire code violations. Parts of the building did not have a sprinkler system, and its fire alarm system was inadequate, Bryant said.
Then, on Monday, Sept. 20, the city also yanked the business’ occupancy permit, after determining that additional construction work on the building took place after the permit was issued, Bryant said.
According to Bryant, the club’s owner represented to the city that the business would be an arcade/billiards hall.
Lawrence Ferrante of Westbrook, the person to whom the occupancy permit was issued, on Monday denied having said that. Ferrante declined to comment further, referring questions to his lawyer, Hallett.
Bryant said it’s also not clear whether the strip club would be legal in that industrial zone if it were to rectify the problems and apply to reopen.
Private indoor recreational facilities are permitted in the zone, but the city would have to make a determination whether an adult entertainment facility fits under that definition, Bryant said.
However, Hallett said Dreamers Cabaret meets the definition of a private recreational facility because it will have weightlifting and other sports-related activities over time.
He said the club plans to address the alleged violations, which he characterized as minor, and reopen very quickly. For example, Hallett said only one sprinkler head was missing and he said the owner has a contract to install the fire alarm that fire officials have specified they want.
Nude dancing is a form of free speech protected under the First Amendment and municipalities can’t outlaw such an activity, but can regulate where in a community such businesses can be located, Hallett said. In this case, he said, the Warren Avenue site in a good one in Westbrook because it’s in an industrial zone away from residences.
“It’s a perfect location,” he said. “It’s not going to bother anyone, anywhere, anytime.”
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