|
Joseph Fetty sat patiently in the back of Sussex County Council chambers Tuesday night, for almost three hours.
Time didn’t matter because he was a man on a mission: to fight an adult entertainment shop near his home in Roxana.
He wasn’t on the June 10 agenda, but he was given a chance to speak at the end of the meeting. What he said must have hit a nerve because the next morning, he received a faxed copy of a proposed county ordinance regulating adult entertainment establishments in the county – the first of its kind.
“Roxana is barely on the map. Why do we need this kind of store there?” he asked.
A town where tomato plants seem to outnumber houses might be an unlikely venue for a sex shop. But near the intersection of Roxana Road and Pyle Center Road, right at the crossroads, Intimate Pleasures has set up shop.
During the meeting, Fetty read a long list of regulations that he said the store is violating. He said adult entertainment establishments can’t be located within 500 feet of a residence or 2,800 feet of a church or school.
He said there are two churches within several hundred feet of the building where the store is located, and the store has apartments on the second floor.
“There are homes in every direction,” he said. “There are violations all over the place.”
On Wednesday, Fetty learned from the Commission on Adult Entertainment Establishments that the shop does not have an adult entertainment license.
Fetty said he was hoping for some action by the county. At the meeting, he didn’t get any.
He was told the regulations he was reading were state law. “Sussex County doesn’t have any regulations,” said county attorney James Griffin. “We go by the state law, but we can’t enforce state law. We don’t have any jurisdiction.”
“So it was a waste of my time coming here,” Fetty replied.
“We can’t enforce state law,” Griffin repeated.
At least two councilmen spoke up in defense of Fetty’s plight.
“If state law is not strict enough, can we do something?” asked Councilman Dale Dukes.
“Something needs to be adopted,” added Fetty.
“Wouldn’t it make sense that our code reflect state standards? Can the county adopt regulations that mirror the state’s?” asked Councilman Vance Phillips.
Griffin answered in the affirmative. “But it won’t help this gentleman,” he added.
Councilman George Cole tried to explain to Fetty that adult establishments operate under the definition of state obscenity laws.
“They may not be in violation of state law,” Cole said. “Everyone is grappling with it. It’s a very tough issue.”
“Keep your fight on, and we’ll see what we can do,” Dukes said.
Griffin urged Fetty to contact the Delaware Division of Professional Regulation and report the alleged violations.
One person showed up in support of Fetty; he made several calls including calls to 25 churches. Greg Lehman of Lighthouse Church of Christ in Milton said these types of stores are coming to small towns because zoning laws are not enforced.
Fetty said he will take his fight as far as he can go.
“If there is no resistance, it will continue on its path,” he said.
He said there is also an adult entertainment establishment on Route 113 in Frankford. “It’s a little more discreet, but it’s there,” he said.
On Wednesday, June 11, Fetty was a busy man. He contacted a lawyer, Delaware State Police, Gov. Ruth Ann Minner’s office and the Commission on Adult Entertainment Establishments.
He also received a faxed copy of a proposed ordinance from Councilman Phillips. “It’s three pages compared to the state’s 15 pages of regulations, so there are some holes in it,” he said. “But it’s a start and my lawyer is willing to work with the county.”
Fetty realizes he has a fight on his hands as he takes on a system he is just beginning to understand.
“When I left the county council meeting I felt defeated,” Fetty said. “But I’ve got my second wind going now.”
Fetty said he has never been involved in anything political before. “I normally mind my own business, and most people don’t want to stir the pot,” he said.
But, he said, he couldn’t sit by and let pornography invade his small town.
“One person can make a difference,” he said.
|
