Owners of Robbie’s Place sue town over nude dancing restriction

By Melissa Fales
Turley Publications Reporter

WARE – The owners of Robbie’s Place filed a suit against the town of Ware with Hampshire Superior Court Feb. 20, claiming that their constitutional rights were violated Dec. 23 when the Board of Selectmen denied their request for an entertainment permit to allow nude dancing at the 80 Pulaski Street establishment.
At a Nov. 25 public hearing regarding the permit, Springfield lawyer Daniel D. Kelly said that no matter how unpopular it may be, his client, Goldstein Enterprises, Inc. has a constitutional right to offer nude dancing. Citing Massachusetts General Law Chapter 140, section 180a, Kelly said the state calls for such a license to be granted unless it would “adversely affect the public health, safety or order.” Attorney Kelly said the law allows for the license, providing it would not cause disruptive conduct, an increase in criminal activity, health, safety or fire hazards, or increase the noise or traffic to unreasonable levels.
Residents of the area testified about difficulty finding a parking place on nights when the bar was open, and expressed concern that nude dancing would draw an even larger crowd. Police Chief Dennis M. Healey provided the board with copies of police logs describing incidents involving Robbie’s Place and its patrons. Healy expressed concern that nude dancing could lead to an increase in crime in the area.
“An adult entertainment establishment draws people from outside…without much concern for the neighborhood,” Healey told the selectmen.
The board unanimously decided to reject the application. A decision written by Selectwoman Melissa D. Weise and approved by Town Counsel David A. Wojcik, stated the board felt that allowing nude dancing “would adversely affect the public health, safety or order” and that offering nude entertainment would cause an unreasonable increase in both vehicular and pedestrian traffic within the already crowded neighborhood, as well as an unreasonable increase in noise.
“The evidence does not support their decision,” Kelly said. “We feel what we are asking for would not affect the safety of the neighborhood. We don’t believe it would substantially increase the amount of people coming from outside.”
Kelly also said the impact of allowing nude dancing would be minimal, noting that clothed female dancers are currently featured at the bar.
“If our request were to be granted, the public would not see any difference from the outside,” he said. “This is a small place that has a similar type of usage right now and has for some time.”
Board of Selectmen Chairman Gerald L. Matta said he is convinced of the dangerous secondary effects a nude dancing establishment could bring.
“There were many brought up at the public hearing,” he said. “That’s why we voted the way we did.”
Matta said he felt the board was acting under the law when it made its decision.
“In my opinion, we acted properly and legally,” he said.
This is the second time in six months that Goldstein Enterprises Inc. has filed suit against the town. The corporation sued the town last fall after the board revoked the bar’s entertainment license and suspended its liquor license for four weeks in response to testimony given at a Sept. 2 public hearing regarding alleged violations of its entertainment license. At the hearing, the selectmen heard testimony from an undercover police officer who said that on two occasions he observed activities at the bar that violated its entertainment license. He said he received lap dances and witnessed women dancing both topless and completely nude. That case ended in a settlement in November.