X-Rated Businesses Move Into Town With No Zoning

"A proposal in Berkley to allow adult entertainment in the northeast corner of town has roiled residents and officials across the border in Lakeville, who fear the X-rated businesses would bring undesirable elements too close to their homes."

"'We respect their desire to put these kinds of businesses in a remote area, but this abuts Lakeville, and it abuts residentially zoned homes,' Lakeville Selectman Charles E. Evirs Jr. said. 'This might be remote to them, but it's close to our homes.'"

"Many cities and towns in Massachusetts established adult entertainment districts in the mid-1990s, after a series of federal and state court rulings held that nude dancing and other adult entertainment were protected as free speech under the US Constitution and could not be banned outright."

"The courts ruled, however, that adult entertainment could be regulated through zoning."

"Berkley is one of the few towns in Eastern Massachusetts without any zoning districts, though for the past two years town officials have been debating an overall zoning plan for the community."

"Businesses now can open anywhere they want in Berkley if they receive a special permit from the Board of Selectmen. Leary said the adult entertainment district is needed to protect the town from a potential legal challenge if an adult business tried to set up shop in town."