Wicked Fun Club Issues Warning of Imminent Legal Action If Town of Plymouth Persists With Unlawful Cease and Desist
PLYMOUTH, CT — April 25, 2025 — The Wicked Fun Club has formally appealed what it describes as a fraudulent and politically motivated cease and desist order issued by the Town of Plymouth. Ahead of the Zoning Board of Appeals (ZBA) hearing scheduled for Tuesday, April 29th at 7:00 PM at Town Hall, the Club is informing residents and taxpayers that the Town’s current course of action could result in massive legal costs and liability.
The Town previously served The Wicked Fun Club with a cease and desist, wrongfully claiming that the Club constituted an “Adult Use,” which cannot be located within 1,000 feet of a church. In reality, however, the Club does not fall under the definition of “Adult Use,” as that phrase is defined within the Town’s zoning regulations. Thus, the Club filed an appeal of that cease and desist letter.
While filing the appeal, the Mayor’s office attempted to stop Club owner, Steve Gagne, from exercising his legal right to appeal. The Town, apparently under the direction of the Mayor, falsely claimed that the property owner needed to consent to the filing of the appeal. This directly contradicts Article 9, Section B of the Town of Plymouth Zoning Regulations, which clearly states:
“The Zoning Board of Appeals shall hear and act upon appeals of any aggrieved person or persons in matters…”
As Gagne is an “aggrieved person” of the wrongful cease and desist letter, he is eligible to file the appeal without the permission of the property owner.
It was only after Gagne threatened legal action for obstructing due process did the Town relent and allow the appeal to proceed.
Following this obstruction, Gagne reached out directly to Mayor Kilduff and Town Attorney Bill Hamzy, offering an opportunity to settle the matter peacefully. The message included an open invitation for dialogue in hopes of avoiding litigation and saving taxpayer dollars. No response was received.
Legal analysis and multiple independent attorneys agree: the Wicked Fun Club does not fall under any zoning-defined “Adult Use” categories. There are four specified categories of “Adult Use” in the regulations: adult bookstore, adult motion picture theater, adult mini-motion picture theater, and adult cabaret. The Club does not fall under the definition of any of these enumerated categories. The Wicked Fun Club is a private, members-only club with no public access, no commercial entertainment, no alcohol sales, and no violations of law or community standards.
Should the ZBA rule against the Club on Tuesday, a civil lawsuit will be filed immediately, costing the Town tens of thousands in legal defense fees. The Club will be successful in court, as there is no doubt that the Club is not an “Adult Use” under the Plymouth zoning regulations.
Upon prevailing in court, the Club will then pursue a federal lawsuit under 42 U.S.C. §1983 for violations of constitutional and civil rights, defamation, and harassment, which will potentially cost the Town hundreds of thousands of dollars more in damages.
“This didn’t need to escalate,” said Gagne. “We followed every rule. We offered to collaborate. But the Town chose silence and sabotage. Now, we will defend our rights in court, and the taxpayers deserve to know exactly what that will cost them.”
Taxpayers and concerned residents are encouraged to attend the April 29th ZBA meeting at 7:00 PM and demand transparency, legality, and fiscal accountability from their elected officials.