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Doc's sues for adult entertainment.

Byline: Aaron Nicodemus

MILFORD - The owners of Doc's Sports Bar have appealed the Zoning Board's denial of their request to have adult entertainment at their East Main Street establishment.

Milford Sports Club Inc. and Route 16 Land Development Corp., both controlled by Doc's owner Kenneth Coady, appealed the board's decision in Worcester Superior Court on April 11. A court date to hear the case has not been set.

The lawsuit alleges the Zoning Board, in denying the request for a special permit that would allow adult entertainment at Doc's, violated Mr. Coady's "constitutionally protected free speech." Mr. Coady's lawyer, Kenneth Tatarian of Boston, also argued the board decision violates state law that prohibits spot zoning.

"The actions and decisions of the Town and the Board have been taken to prevent the plaintiffs from exercising their rights to present constitutionally-protected free speech," the lawsuit stated. The lawsuit requests the judge annul the board's denial of the special permit, and declare Mr. Coady is free to offer adult entertainment at his bar.

In March, the Zoning Board voted 4-1 to deny Mr. Coady's request for a special permit. At the time, the board noted the rear, wooded portion of the Sacred Heart of Jesus Cemetery is within 400 feet of Doc's. Since the cemetery is zoned residential, and the town zoning bylaws state an adult entertainment facility must be located more than 400 feet from a residential zone, the board voted to deny the special permit.

The Zoning Board's March 13 vote was made without opening up the issue to public debate.

NAME: MILFORD ZONING BOARD OF APPEALS
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Title Annotation:LOCAL NEWS
Publication:Telegram & Gazette (Worcester, MA)
Date:Apr 20, 2008
Words:266
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