Free Memorandum in Opposition to Motion - District Court of Connecticut - Connecticut

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Case 3:02-cv-02006-WWE Document 26-10 Filed 04/29/2004 Page1 0f3
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Fab U3 ggsggéggcv-0200@;WWE Document 26-10 Filed QTZIZQQ/2004 Page 2`of 3p ` 2
JNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
CENTERFOLDS, IN( :
AND MARIO PIROZE ILI, JR, : NO.: 3:O2CV2U06 {INWE)
V.
_ TOWN OF BERLIN, E JNNIE L.
Tl-IERRIEN, IDA RAE IZZI, JOANNE :
WARD, JOSEPH ARE SIMOWICZ AND :
LINDA CIMADON - :
Alf IDAVIT OF JOSEPH ARESIIVIOWICZ n
I, Joseph Aresimowicz being duly swom, depose and say that:
1. I am ove 18 years of age and believe in the obligations of an oath.
2. I am a m Tiber of the Town Council in the- Town of Berlin. I have
been a member of the own Council since November 5, 2.002.
3. I was a n imber of the Town Council who considered whether the
plaintiffs permit shoulc ie revoked, as recommended by the Town Manager. _
4. A hearing an the issue of whether the permit should be revoked
was held before the To n Council.
5. I listened > the evidence presented by the Town Manager and the
attorney for the plaintiff Daniel Silver, Esq. I also reviewed the documents n
submitted by the Town langer as evidence, including the Liquor Commission’s
investigation report. I a o reviewed the Town’s ordinance conceming when a 1
license may be revokec I also reviewed the written brief submitted- by Attomey
Silver. Based upon allt e facts and evidence, I believed that the management or
other person in charge z Centerfolds was aware that sexual activities, as defined
in Berlirfs ordinance, we e occurnng on the premises. For this reason, I voted to
sustain the Town Mana; nfs revocation of plaintiffs pennit.

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U4 oa=¤1r> ` _ pied 62029/2004 Page 3 Of 3
Feb U3 case s;02-ev-ozocfsijvt/WE Document 26 t0 I T
6. During break ofthe Town Council meeting at which we voted on
the revocation issue, met with other members of my political party who sat on
the Council, defenda s Ida Ragazzi, Joanne Ward and Linda Cimadon. The
purpose of this meeti g was to discuss the Deputy Mayors announcement that
he was leaving and vi s attempting to name his successor without a vote ofthe
ful! council, as require . At no time did we discuss the merits of whether
i Centerfolds’ pemiit st uld be revoked, outside ofthe context of the Town
Council meeting.
T. My deci: an in this case was based upon the evidence put forth
before me, not for any nproper purpose nor malicious motive.
8- All the at ive statements are true and based upon my personal
l experience and knowir lge of the facts in this case. `
Dated at Berlin, Zonneoticut, this §_V?$`:lay of February 2004.
i Q. L
A
Jo h Ares z _
STATE OF CONNECT >UT)
) ss: Berlin '
COUNTY OF HARTFO D )
Subscribed and vom to before me this 3"°j2 day of February 2004-
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"f J " •G" : ,5-*
Notary Pu ¤ ac
My commis. on expires: KATHRYN J- Wi}-L
uv commission mines rss. zo. zoos