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No one knows where the plovers will go in 2007, but officials at the Cape Cod National Seashore are working on contingency plans to help avoid a total closure of the park’s off-road vehicle corridor in Provincetown and Truro, an event that made 2006 less than peachy for those who like to explore Cape beaches the four-wheeled way.

An ORV subcommittee of the Seashore’s advisory commission has drafted several recommendations for the upcoming season, many of them stemming from public comments and suggestions on the matter received at a Dec. 9 meeting and workshop. Those recommendations would be contingent on similar plover-related beach closures occurring during 2007. Among the recommendations:

- Open ORV access at High Head north and south before the normal July 1 and July 21 opening dates.

- Permit daytime ORV access to Coast Guard Beach in Truro before June 30.

- Permit ORV access to Herring Cove north before June 30.

- Consider permitting self-contained vehicles to park overnight at Race Point Beach and Head of the Meadow parking lots before June 30.

- Continue to make the Pilgrim Heights and the Province Lands Visitor Center parking lots available to self-contained vehicles (as was done during the 2006 ORV closure).

- As in 2006, waive day use beach entrance fees for ORV permit holders at Herring Cove, Race Point and Head of the Meadow beaches if a total ORV closure becomes necessary.

‘’The park is somewhat stuck between a rock and a hard place,’’ said Edgar Francis III of Truro, who chaired the ORV subcommittee. ‘’In some ways, they are the victim of their own success.’’

That hard place - the park’s compliance with the U.S. Fish and Wildlife Service’s piping plover recovery plan - has become a harder place in recent years, because more plovers are on the beach, requiring larger swaths of sand to be closed.

When Fish and Wildlife placed the Atlantic piping plover on the federal list of endangered and threatened wildlife in 1986, some 550 piping plover pairs nested along the Atlantic coast from Maine to North Carolina. By 2005, the piping plover population had grown to more than 1,400 pairs. In 1985, Seashore personnel found 18 pairs of plovers, a number that had grown to more than 90 in 2002.

‘’I’m not preaching the end of the world here, but if we have another closure like 2006, local businesses are going to be affected,’’ said Richard Wood, owner of Nelson’s Bait and Tackle in Provincetown. ‘’My business suffered dramatically.’’ Wood said he would like the Seashore to consider opening other access points to the corridor to allow tourists and fishermen to enjoy the outer beach.

‘’Anything that opens up any part of the beach is a positive,’’ Wood said. ‘’But what they’re talking about is a very small percentage.’’

Park officials plan to review the recommendations this winter through an environmental assessment process that will include more opportunities for public input.

But, reminded Seashore superintendent George Price, ‘’these changes do not guarantee that a total ORV closure can be avoided in 2007.’’

Hoping to placate irate off-road vehicle permit holders, the Cape Cod National Seashore proposed three options for helping keep them on the beach during piping plover nesting season.

Access to local beaches was severely curtailed early this past summer, including two weeks in late June and early July when the beaches were completely closed to ORV drivers, who had paid $150 for a seasonal permit. Seashore officials predicted that beach closures next summer could continue and are trying to develop a back-up plan that will keep stretches of beach open to ORV drivers.

“Is it possible to have total closure in 2007? Yes. Hopefully, these alternatives will get us to a better place in ’07 than ’06,” said Steve Prokop, chief ranger for the Cape Cod National Seashore.

The three options include opening up access to Coast Guard Beach in Truro for ORV day use; opening up access at High Head south to Head of the Meadow prior to the normal July 1 opening day; and opening up access at High Head north to Exit 8 prior to the regular July 21 opening day.

In addition, in the event of near or total closure to ORVs, those with ORV permits will be allowed free entry to beach parking lots at Race Point, Herring Cove and Head of the Meadow. Also, overnight access for self-contained vehicle pass holders will be provided at the Province Lands Visitors Center and Pilgrim Heights during an SCV closure.

If the piping plover nests force a total closure of the local beaches – defined as limiting access to a half-mile stretch or less – only one of the three primary proposed options would kick in, not all three. But even the alternatives have limitations, Prokop said.

“One caveat is if there is nesting activity, all bets are off,” he said. “The Park Service by law must honor the [piping plover] recovery plan.”

The overflow crowd at Saturday’s public hearing had no specific objections to the proposed options. However, tempers flared again over the concept of any restrictions at all. The passionate audience, many members of which have fished and camped on local beaches their entire lives, implored park officials to reconsider the need for a plover recovery plan, which has been in existence at the Seashore since 1998, when ORV drivers, environmentalists and the Park Service finished negotiating a set of rules that restrict beach access during the plover nesting season, which can last until July 22.

Instead of triggering the corridor access restrictions for drivers, one attendee suggested, why not restrict where the birds can nest?

“Is there any way we can make spots for us instead of the birds?” asked Joe Mele. “What about the endangered humans act?

The piping plover, which is on the endangered species list, has been the target of a recovery plan in New England for a decade. While other areas report success, only the National Seashore has met the targeted productivity rates. Since 1985, when there were 18 plover pairs in the park, the population has grown to 73 pairs in 2005, according to Carrie Phillips, chief of natural resources for the Seashore.

“We’ve been doing good in New England but we’re going to have to sustain that,” she said.

Sustaining recovery efforts, however, was not the objective of most of the attendees at Saturday’s public hearing. Tom Murphy, who was on the original negotiated rule-making committee, formed in 1995, urged the audience to reopen the rule-making.

“We didn’t have clear enough heads on the last one. We didn’t understand the rules. First of all, we need to address the dumb decision to designate a plover nesting area,” he said, to applause from the overflow audience. “We can’t be talked down to like we’re senseless, mindless villains. We know how to run this beach.”

Other attendees said they were worried about the loss of revenue to local businesses, such as tackle, ice and provision shops, when the beaches are closed. Many of the ORV and SCV permit holders have been vacationing in the area for generations, said Patrick Patrick, president of the Provincetown Chamber of Commerce.

“We’re going to lose these families permanently. We’re going to lose an integral piece for the park and so will local business,” he said, adding, “Just like we need to keep the plovers, we need to keep these people.”

Additional ideas were made to the Seashore’s ORV subcommittee members, sponsors of the public hearing, who said they will take feedback from Saturday’s public hearing and make a recommendation to the National Seashore Advisory Committee, which, in turn, will make a recommendation to Seashore Supt. George Price.

ORV permit holder Tony Chiarappo said the Park Service should consider extending the ORV season past its traditional Sept. 1 closing date, when the plovers and tourists are gone.

“We can live with the birds. But when they’re gone, why can’t we use the beach?” he said.

Speaking in favor of protecting the plovers was Provincetown resident Sandra Larsen, who thanked park officials for their enforcement of the plover protection program.

“Your efforts are an inspiration to the generations to come, teaching the lessons that others have lost sight of in their pursuit of recreation which comes at a cost too high to pay,” she said. “Thank you for taking an unpopular stance and please do not yield to those who cannot see that your demonstration of respect for the existence of the plover exemplifies a most profound respect for the rest of us.”

(original title: Marketers aim for gay customers)

During what some gays jokingly call “the dark ages” a decade or two ago, companies shunned the gay market out of ignorance or fear of a backlash.

Many cities and convention-and-visitors bureaus overlooked gay travelers. Marketing people lacked hard data to target gay consumers nationwide.

Today, the market for gay and lesbian consumers is highly coveted and hitting the mainstream in a huge way, say consultants, marketing professionals and executives.

The 16 million gay consumers 18 and older in the United States boast $641 billion in buying power, or cash to spend after taxes, reported Witeck-Combs Communications and Harris Interactive.

And corporations and local governments know it.

Last year, 175 Fortune 500 companies—airlines, automakers, financial firms, retailers and others—actively courted the gay dollar through advertising, compared with 19 in 1994, reports the “2005 Gay Press Report” by the Prime Access advertising firm and Rivendell Media Co.

What’s more, dozens of cities that didn’t cater to gay travelers decades ago—including Miami, Dallas, Philadelphia, Phoenix and Bloomington, Ind.—are wooing gays to their hotels, restaurants and nightclubs.

Why now?

“We’re at a tipping point, with gays coming out in society and business,” said Andrew Freeman of Andrew Freeman & Co., a hospitality and restaurant consultancy in San Francisco. “All of a sudden, we’ve become a great market for all industries to go after.”

Recent research, based on U.S. Census data, shows that gays and lesbians live in virtually every county in the United States and aren’t segregated in big cities and “gay ghettos” such as San Francisco, New York, West Hollywood, Calif., or Provincetown, Mass. And millions are smart, technology-savvy consumers and partners with dual household incomes and no kids.

“We have more discretionary income, and we love to spend our money on travel and shopping,” said Thomas Roth, president of Community Marketing, a gay market research firm that recently hosted a gay tourism conference in San Francisco. “That’s really opening the eyes of Corporate America.”

The gay market is drawing attention from:

# Companies. Travel industry-related firms from United Airlines to Travelocity have stepped up their marketing to gays. ABC Carpet & Home in New York has a gay wedding registry for same-sex partners. Wal-Mart offers seminars to employees, called “Why Market to Gay America.”

At American Airlines, managers George Carrancho and Betty Young head a team that markets to gay travelers and small businesses. The airline sponsors community events and offers a gay-oriented Web site, http://www.aa.com/rainbow, with travel deals, an e-newsletter, podcasts and a gay events calendar.

American has focused on gay consumers since 1994, when a gay manager persuaded former CEO Robert Crandall that gay travelers were an untapped market. Crandall agreed. Since then, the company has enjoyed annual, double-digit revenue growth for gay customers.

“We’re committed to this market,” Carrancho said.

# Cities and tourism bureaus. In years past, local governments and tourism offices—aside from San Francisco and a handful of other cities—“politely ignored” gay travelers and businesses, Roth said

Now, dozens of cities and convention bureaus are going all out to lure gay visitors. They’re spending millions of dollars on print, TV and online advertising. They’re showcasing cultural and film festivals, gay parades and gay--friendly hotels and restaurants.

In Miami, tourism officials—downplaying Florida’s old image as a retirement site—use splashy travel literature and commercials to showcase the region’s nightlife, museums, the performing arts and ethnic neighborhoods. They work closely with the Miami-Dade Gay & Lesbian Chamber of Commerce, whose travel guide reads: “Miami: Diversity Celebrated Daily . . . Come feel the vibe.”

“Gays are good for business and good for our community,” said George Neary, director of cultural tourism for the Greater Miami Convention & Visitors Bureau. “The partnership works.”

# Mainstream marketing. Many more businesses engage in crossover marketing, advertising not only in gay media outlets, but also mainstream ones.

Frances Stevens, founder and publisher of lesbian magazine Curve, joked that the new ads are much classier than the old ones, which featured brawny, hairy men toting beers.

Advertisers are much more sophisticated about the buying habits of gays and lesbians. They know, for instance, that many lesbian couples live in the suburbs, raise children and are very loyal to particular brands, whether cars, cell phones or clothing.

“The old image of lesbians wearing flannel and eating granola bars is not an accurate picture of the market,” said Stevens, whose current issue of Curve features advertisers Showtime, Pepsi and Washington Mutual.

At Kimpton Hotels & Restaurants, a San Francisco-based chain of boutique hotels, consumer research has found that straight and lesbian businesswomen and vacationers share similar values, lifestyles and hobbies, said Chief Operating Officer Niki Leondakis. They like spas and fitness offerings, classy interior decor and personal service from friendly staffers. They prefer to spend on companies that support women and give to nonprofits. Also important: personal safety and good security at hotels.

Kimpton offers getaway packages and many other popular promotions to lesbians and straight women—a large and growing segment of their regular guests.

“The market has enormous potential that just now is coming to light,” Leondakis said.

Companies that cater to gays and lesbians still risk a backlash from fundamentalist religious groups, which have called for boycotts of companies that market to gays, donate to gay nonprofits or portray gays as “normal” families in ads.

In recent years, Ford Motor, Walt Disney, Kraft Foods, Procter & Gamble and other companies have felt the ire of the American Family Association and other fundamentalist groups.

Despite the potential for controversy, a recent survey by Opinion Research and Fleishman-Hilliard found that 68 percent of Americans would still buy from companies that marketed to gays.

Demographers have found that, contrary to old stereotypes, gays cut across all lifestyles, ethnic groups and generations, said Bob Witeck, head of Witeck Combs and author of “Business Inside Out: Capturing Millions of Brand-Loyal Gay Consumers.”

Many are “early adopters,” or consumers who love new technologies, from the latest laptop computers to the flashiest personal digital assistants.

Gary Humbarger, 44, a gay copywriter, travel adviser and avid online shopper, loves the special touch from companies.

On a recent trip with his partner to Santa Fe, N.M., he rented a car from Budget and was pleased to learn that he didn’t have to pay the typical charge for an extra driver. Why not? Because Budget treats gay partners like married spouses.

“If a company has a good record with gays, I’m certainly going to remember that,” Humbarger said. “I speak with my dollars.”

Publisher note: Original title is “Global warming a hot topic” Sorry but I couldn’t help renaming this ridiculous story. See my comments below.

It looked like a Hollywood disaster movie. Slide after slide showed what would happen if the world’s ocean rose by 20 feet as a result of melting polar ice caps in Antarctica, something that a majority of the globe’s scientists say is a very real possibility. Lower Manhattan would be underwater, as would much of the Netherlands. But the point was driven home by what Provincetown would look like. Much of it would be underwater.

“Global warming is very real, but it’s not too late,” said Provincetown Town Manager Keith Bergman.
The presentation before about 20 people at the Marine Lab at the Provincetown Center for Coastal Studies was the first of many for Bergman. While on vacation with his family in Tennessee, Bergman heard former Vice President Al Gore speak about global climate change.

“It was a transcendental experience,” said Bergman about the lecture Gore gave at Middle Tennessee State University.
The speech inspired Bergman to complete training to give slide show presentations designed by Gore. In addition to making his global warming documentary “An Inconvenient Truth,” Gore also created the Climate Project, a grassroots movement addressing a global problem locally.
Taking that to heart, Bergman returned from hearing the lecture and worked with Democratic U.S. Rep. William Delahunt’s office to create the Cape and Islands Renewable Fuels Partnership, a push to get the region interested in renewable energy. The presentation last Tuesday night was a further part of this regional effort to address the world’s pressing environmental issues.

Over the course of the hour-long presentation, Bergman outlined the topic of global warming, including a large amount of scientific data showing that the world is getting warmer, that weather patterns are subsequently changing and that human consumption and behaviors are contributing to the world getting warmer.

Photos and videos show disappearing ice caps and glaciers. Mount Kilimanjaro in Africa is no longer snow-capped as are mountains in the Alps, the Himalayas and the Andes. Ice shelves in Antarctica are disappearing, as are species around the world. Hurricanes are increasing in intensity and frequency as are other natural disasters related to the warming of the ocean. All of these trends directly correlate to an increase in carbon dioxide since the beginning of the industrial revolution.

Bergman, and Gore, are direct in addressing those who say there is no such thing as global warming and that it is an unproven theory.
“Doubt is the best way of establishing a controversy,” said Bergman, quoting cigarette companies in the 1960s explaining how they were going to distract the public from reports that smoking caused cancer and other serious health problems.

Corporate greed is what is trying to create a shadow of doubt around climate change and human causes. Bergman showed that 928 articles supporting global warming appeared in science journals, whereas no one published reports to the contrary.

“This kind of consensus in science is rare,” said a representative from the National Oceanographic and Atmospheric Administration on one of the slides.
But he then showed that in the mass media, more than 50 percent of articles cast doubt on whether global warming is actually a problem requiring the limiting carbon dioxide emissions. The disagreement over global warming is something that was created by those who oppose changes to things such as emission standards and increased regulations on industry, said Bergman.

But the presentation was not all gloom and doom. Bergman finished with ways that society as a whole can makes changes that would reduce the effects of global warming and how to do that on a local level. One of the biggest things we can all do is change our way of thinking, said Bergman. Getting involved and changing everyday habits is the first step. On a somewhat larger level, Bergman and Delahunt’s office are working to have Cape Cod and the Islands shift to using renewable energy, like biodiesel and ethanol. Towns all across the Cape are examining using land-based wind turbines. At its Town Meeting on Nov. 13, Provincetown will be the first on the Cape to vote on whether to endorse the U.S. Mayors’ Climate Protection Agreement, which asks municipalities to endorse the tenets in the Kyoto Protocols. The Kyoto Treaty, which seeks to reduce the emission of greenhouse gases, was ratified by almost all nations in the world, except the United States and Australia. States, like California, and municipalities are going ahead and adopting the tenet in the treaty anyway.

Lessen your environmental footprint
.
*Use compact fluorescent bulbs
*Buy energy efficient products
*Do monthly car maintenance checks
*Take shorter showers and install low-flow showerheads
*Use recycled paper
*Make adjustments to heating and cooling in your home
*Recycle
*Buy locally produced products
*Write to your local and national representatives to let them know your opinions about the environment

They both wore black to their wedding, black wetsuits that is.

As about 300 swimmers prepared to cross the 1.4-mile watery divide between Long Point and Provincetown Harbor yesterday, Kathryn Rafter, 53, and Francey Beall, 44, exchanged wedding vows. No sooner had the newlyweds completed their nuptials than they zipped up their wetsuits and dove in.

‘’We’ve done the swim for seven years, and we’ve been together for seven years,’’ said Rafter, who lives in Provincetown and Dallas, Texas. ‘’And there’s not a better place in the world to start our journey together.’’

It was one of many touching moments in the 19 years the Provincetown Swim for Life & Paddler Flotilla has been churning up the harbor raising money for Cape Cod nonprofits.

Started by local artist Jay Critchley in 1988 as an AIDS benefit when the epidemic was overwhelming Provincetown, the event has raised around $2 million collectively, he said.

The first year one of the swimmers, Chucky Vetter, made it about 1,000 feet before his strength gave out. He died about a year later from AIDS, Critchley said.

Six years ago, Barbara Punis, who uses a wheelchair because of back problems, began swimming in a pool in a hotel near the Swim for Life event. It takes 124 laps, but each year since she has completed the 1.4-mile journey.

‘’It’s a personal challenge,’’ Punis said yesterday.

This year, a Brookline mother, Susan Austrian, and her 13-year-old son, Matthew, trained together all summer and completed the swim. Matthew was the youngest swimmer.

‘’He doesn’t consider himself an athlete at all, and he’s terrified of jellyfish, so he really had to overcome a lot,’’ said Susan, as Matthew received a round of applause at the Mermaid Brunch, the feast that ends the swim each year.

A Provincetown father and daughter team, Shawn McNulty and Nicole, raised $10,460 in pledges.

But the top pledge collectors were the newlyweds, Rafter and Beall, who brought in $13,035.

The fastest swimmer was Dan Guerrera of New York City, who crossed the finish line in 29 minutes. Pledges amounted to an estimated $150,000, about level with recent years, Critchley said.

Wearing a stuffed tiger tied atop his straw hat, Critchley used a microphone to direct hundreds of cheerleaders, lifeguards, kayakers, swimmers and volunteers during yesterday’s blissful event.

‘’Thank you swimmers for making Provincetown a priority in your lives,’’ he said.

Perhaps the bliss was most acutely felt by the recently married couple, who said the swim was a metaphor for their wedding.

‘’We haven’t trained for either,’’ Rafter said. ‘’But it’s been a lifetime of training for both.’’

For more information go to http://www.Swim4Life.org

Police Chief Ted Meyer on Tuesday announced his intention to retire when his contract expires in four months, citing a lack of support from selectmen.

Meyer had been in negotiations with the town to extend his five-year contract, which expires on Jan. 13, until 2008, when Meyer will reach the state police association mandatory retirement age of 65.

“However with the current state of some events beyond my control, I believe it is in the best interest of the town, the [police] department and my family to conclude my five years of service in Provincetown by retiring at the termination of my current contract,” Meyer wrote in a memo to Town Manager Keith Bergman.

Reached at his office Tuesday, Meyer said he had been told about a vote by selectmen in executive session on Aug. 28 in which he received only two of five possible votes to extend his contract.

“I lost the vote is what happened,” he said. “I don’t know why exactly because we don’t have those kinds of conversations. I was surprised.”

None of the selectmen contacted would discuss the contract talks with Meyer, citing the confidentiality of personnel negotiations. One town official, who asked not to be named, said there was a series of issues involving the police department over the past five years which eroded support for the chief.

“It’s time for the chief to go,” the official said. “That department is demoralized and has been since [former Police Chief Robert] Anthony. Ted had five years to correct that problem and he hasn’t.”

Selectman Sarah Peake, who has often been at odds with Meyer during his tenure, said she thanks him for his service and wishes him the best in his future plans. She said the Board of Selectmen would ensure a smooth transition, possibly appointing an interim acting police chief to run the department until a new town manager is hired.

Bergman’s contract expires in May and a search is currently underway for his replacement.

“That [interim acting chief appointment] will give the new town manager the chance to select one of their key department heads,” Peake said.

Cheryl Andrews, selectmen chair, said she was disappointed with the timing of Meyer’s departure, pointing out that Bergman could be leaving either before or shortly after Meyer’s departure.

“Unfortunately, we could be dealing with a turnover in the town manager’s office at the same time,” she said.

That concern was echoed by Steve Tait, president of the Provincetown Business Guild, a gay-oriented business association, who pointed out that in addition to Bergman, Peake is currently running for state representative and if she wins, would presumably resign from the Board of Selectmen, and Andrews will end her service on the board in May because of term limits.

“The town can’t really afford to have such a significant turnover of leaders,” Tait said. “We have some real challenges in town.”

Coincidently, the PBG had a board meeting scheduled for Tuesday evening where the issue of extending Meyer’s contract was on the agenda. Tait said some PBG members had expressed concerns about renewing the chief’s contract because of a perception his policing methods have hurt tourism. Tait cited examples of the department’s use of “protective custody” to crack down on disorderly behavior, arresting numerous tourists for carrying “poppers” through Provincetown Airport, and the recent effort to address a perceived problem of gays verbally harassing heterosexuals.

“He had kind of a rocky start, … there were a number of issues where the community felt the police were overzealous,” Tait said, adding that he was impressed with how Meyer addressed those concerns when they were brought to his attention.

“The chief has grown dramatically over the years. Those things are largely behind us,” Tait added. “I have a very good rapport with him and have a very good working relationship and open lines of communication.”

Candice Collins-Boden, executive director of the Provincetown Chamber of Commerce, said she was personally fond of Meyer and that he had “made great strides with the business community.” However, she said, she has been disappointed with what she perceived as a lack of police presence in town during the summer.

“Where were the summer cops? Did anyone direct traffic? During the [Carnival] parade, there weren’t enough police officers to keep the crowds back,” Collins-Boden said, adding, “The police department is a little too invisible.”

Bergman said that the next step would likely be to appoint an interim acting chief, agreeing with Peake that the new town manager should have the opportunity to choose one of key department heads. The interim chief will come from inside the police department, he said.

Bergman originally hired Meyer and he and the chief have had a close relationship over the past five years.

“I respect and support Ted Meyer’s decision to announce his retirement, and wish him all the best,” Bergman said. “My thanks to Chief Meyer for his five years of service to the town of Provincetown and best wishes upon his upcoming retirement. I have very much enjoyed working with him.”

The business of pleasure has turned painful for an estranged Outer Cape couple who are battling over control of two Commercial Street sex toy shops.

Maxine Kroll and Devioune Mayim-Daviau, former lovers who lived together in North Truro until earlier this year, are enmeshed in a bruising civil lawsuit regarding the future of Toys of Eros and Wild Hearts, according to court documents filed in Barnstable Superior Court.

The stores, located within several blocks of each other along Commercial Street, sell a variety of provocative clothing, adult toys and DVDs.

Kroll is also facing three counts of identity fraud, one charge of improper use of a credit card and one charge of possession of a blank credit card stemming from the alleged illegal use of Mayim-Daviau’s credit cards. Kroll is also alleged to have obtained an Oregon driver’s license that shows her picture but contains Mayim-Daviau’s personal information.

For the criminal case, Kroll is represented by Falmouth attorney J. Drew Segadelli, who called the charges ‘’unfounded.’’ Kroll’s pretrial hearing is scheduled for Sept. 27 in Orleans District Court.

‘’I would suggest these present criminal allegations simply arise out of the ex-domestic partner attempting to gain an advantage and/or an upper hand as it relates to the business dispute,’’ Segadelli said.

The Toys of Eros on Commercial Street in Provincetown is one of two sex shops at the center of a bitter business dispute that has landed in court.
(Staff photo by Paul Blackmore)

Troubled company

The business dispute fills a thick folder at Barnstable Superior Court.

Allegations in the original suit, filed by Mayim-Daviau, as well as other counterclaims and affidavits, lay out a sad tale of love and business gone wrong.

Orleans District Court records also show that during 2006, both Mayim-Daviau and Kroll were arraigned on separate charges of assault and battery and violation of a protective order. In both cases, the charges were eventually dropped, though according to Mayim-Daviau’s civil suit, she spent April 22 through April 24 in the Barnstable County Correctional Facility awaiting arraignment.

‘’I just find it very, very sad that two people can go from loving each other and sharing everything to bitterness and trouble,’’ said a source familiar with the situation. ‘’Can the business survive? I doubt it. Can the people survive? That’s my question.’’

The company, Wild Hearts Inc., has not filed federal or state income tax returns for 2004 or 2005, and owes federal and state payroll withholding taxes, according to Mayim-Daviau’s lawsuit.

Court documents state Wild Hearts and Toys of Eros were forced to close temporarily this summer after employees walked out when their paychecks bounced.

The split between the two women has prevented inventory from reaching the stores in a timely manner, documents indicate, allegedly because Mayim-Daviau won’t allow company employees to access a storage area on her property in North Truro.

A July 24 e-mail from Wild Hearts Inc. general manager Fred Biddle to Mayim-Daviau asks Mayim-Daviau to deliver a laundry list of items to the stores, including numerous sex toys and DVDs. ‘’Maxine and I remain concerned about being unable to verify your accounting of inventory,’’ Biddle wrote.

Among other requests, Mayim-Daviau is asking the court to designate her as the majority shareholder of Wild Hearts Inc. and name her as a director and president of the corporation.

Mayim-Daviau also alleges Kroll has barred her from the retail location by blockading the doors and changing the locks.

Ownership contested

Kroll and Mayim-Daviau, romantic partners at the time, purchased Wild Hearts Inc. in 2002 for $327,000, according to the lawsuit. The business consists of two leased locations in Provincetown and a retail Web site.

Mayim-Daviau made an initial investment of approximately $227,600 toward the purchase price, while Kroll kicked in $80,000, according to Mayim-Daviau’s suit. But a 2003 Internal Revenue Service document, filed to specify how much stock in the company each partner owned, indicated Kroll owned 50 percent of the shares, Mayim-Daviau owned 47 percent of the shares, with a minority owner, Lois Bruckno of Pennsylvania, owning 3 percent of the business.

Bruckno, who had previously been a business partner with Kroll in Delaware, filed a counterclaim in Barnstable Superior Court alleging Mayim-Daviau may have removed corporate funds for personal use and Mayim-Daviau has intimidated company employees.

An Aug. 21 affidavit by Wild Hearts employee Kerry Schwarz alleges Mayim-Daviau and her ‘’gang of friends’’ have been hanging out in front of the Wild Hearts store on Commercial Street and staring at her as she leaves the store. ‘’This activity makes me feel intimidated and anxious,’’ the affidavit states.

A second affidavit by Schwarz alleges that on July 4, Schwarz was stopped by Mayim-Daviau in the stairwell of the Wild Hearts store. ‘’She demanded that I give her the bank bag,’’ reads Schwarz’s affidavit. ‘’Despite knowing I was not supposed to give her the bank bag I felt I had to or I wouldn’t be able to get by her on the steps.’’

Judge intervenes

On Aug. 23, Barnstable Superior Court associate justice Christopher Muse issued a temporary order in the case appointing Wellfleet accountant George Malloy to serve as receiver of the company while the mess is sorted out. The order instructs Malloy to review financial records, determine preliminarily the amounts each partner invested in the company, seek tax return deadline extensions, and prepare tax returns for 2004 and 2005.

Muse ordered that Malloy assume control of corporation assets, including bank accounts, inventory and accounts receivable. He also ordered that all inventory be consolidated and secured, and that access to the inventory be provided to designated employees.

Muse also ordered that seven $1,500 weekly paychecks be tendered to Mayim-Daviau, and that Malloy determine when Kroll and Mayim-Daviau may be present at the stores.

Through Fred Biddle, Malloy declined to comment for this report.

Kroll also declined to comment. Her attorney in the civil case, Gerald Garnick of Hyannis, also declined to comment.

Through an office assistant, Mayim-Daviau’s attorney Edward Veara declined to comment on the case. Mayim-Daviau did not respond to an e-mail seeking comment and could not be located at her last given address.

Ronny Hazel, who owns Shop Therapy, a Commercial Street business that sells sex toys and videos, among other things, said he was sorry to hear of the trouble going on down the street at Toys of Eros and Wild Hearts. Hazel also said he wasn’t sure whether his competitors’ legal trouble had helped sales at his store.

‘’They’re more of a boutique, and we’re more for working class heroes,’’ he said. ‘’But I do know this: sex sells.’’

For about 25 years, gay and lesbian tourists have been at the core of the tourism industry in Provincetown. This distinction as a gay and lesbian vacation mecca still garners national attention, as well as accolades. The popular gay-oriented website http://www.planetout.com named Provincetown the “Best Gay Resort Town” for 2006 and the widely circulated gay travel newsletter Out Traveler gave the town the same designation in 2005.

However, despite all the attention, there is increasingly more and more competition for what studies say is an $11 billion gay tourist market. Combine that with a continued decrease in business in Provincetown and town tourism officials and business leaders agree it is time to rethink the town’s marketing strategy. It’s time to go beyond just gay and lesbian tourism is a voice increasingly heard around town.

“The one thing we’re doing differently is that we’re smarter, more informed,” said Don Knuuttila, executive director of the Provincetown Business Guild, an organization that promotes the town to gay and lesbian tourists. “We got smarter about who our audience is and should be.”

Based on a variety of meetings, surveys and studies done by both the town and private organizations, and with the help of consultants and public relations professionals, Provincetown is hoping to revive its tourism industry by promoting all aspects of the town, not just its acceptance of gays and lesbians.

“We’re looking at all our available markets,” said the town’s administrative tourism director, Bill Schneider. “It’s no longer just about a niche market.”

Marketing strategy

There is a big push in the tourism office, along with the Visitor Services Board and especially the Economic Development Council, to heavily market Provincetown’s artistic and cultural attractions. With more than 60 art galleries, a still active art colony, the Fine Arts Work Center, the Provincetown Art Association and Museum and the Provincetown Theater, as well as numerous smaller productions, from drag performers to street musicians, the town is a veritable hot bed of cultural activity, much of it cutting edge, say tourism officials.

“That doesn’t require any separation of sexual orientation,” said Schneider, in regard to promoting Provincetown as a cultural destination.
Both Schneider and Knuuttila, as well as others who work in promoting Provincetown, say that gay and lesbian tourism will always be a major part of the town’s economy. Despite competition from other popular gay destinations such as Ogunquit, Maine, Rehoboth Beach, Del., and Fire Island, N.Y., Knuuttila stresses that Provincetown is still a standout.

“The experience here in Provincetown is different,” said Knuuttila, noting that other locations have gay districts that may be limited to a few blocks, while Provincetown is almost completely integrated in that gay and straight mix.

Visits to Commercial Street businesses confirm that many business owners are happy to welcome both gay and straight tourists, bucking a popular misnomer that there is significant tension between the two groups. But there does already seem to be a shift in visitor demographics.

“My customers really aren’t gay anymore,” said Steve Carrey, owner of Lady Z’s, a vintage and retro clothing shop in the East End. “Mostly, they’re straight women.”
His clientele has changed so much that next summer Carrey will no longer carry men’s clothing. Speaking candidly, Carrey echoed a sentiment most other business owners offered off-the record.
“I’ll tell you what we need here in Provincetown,” said Carrey. “I don’t care if they are gay or straight. We need a more sophisticated type of visitor.”

Changing clientele

Carrey, who has operated a business in Provincetown for about 15 years, said that he has seen the visitor shift from one that is interested in art, culture and theater to a more “suburban” crowd.

“They come here, walk around, eat fried dough and leave,” said Carrey. “They’re boring and it is dragging the town’s edgy and camp image down.”

Carrey was sure to say that his impression of the change in visitors included gay men.

“Even the gay men that visit now are more conservative and boring than those that use to come here,” said Carrey.

It appears those that are troubled by the idea of more straight tourists are gay tourists, not townspeople or business owners.

“It does bother me,” said a gay man visiting from Syracuse, N.Y. “We live in the heterosexual world every day. It’s nice to go some place where we are the majority. It seems every time I come here there are more strollers.”

The man expressed a growing sentiment and perception that Provincetown is being “neutered” and trying to shed its wild image for a more family-friendly one. That would be a big mistake, say many business owners, townspeople and tourists, as Provincetown’s wild and edgy scene is what makes the town stand out. But there is no need to worry, say Schneider and Knuuttila.

“The neutering of P’town, at least from the PBG’s perspective is not going to happen,” said Knuuttila.

But the town must find a way to attract younger visitors, said Knuuttila. That is a crucial market that is increasingly not visiting Provincetown, he said. But to attract a younger demographic, certain realities must be accepted, he said.

“Attitudes are shifting,” said Knuuttila, noting that gay and lesbian youth are increasingly more accepted by their straight peers. As such, they don’t see the need for a gay specific venue or destination as much as older gays and lesbians. That perception is supported by a study done by Community Marketing Research and paid for by the town. The San Francisco-based organization that studies gay and lesbian market trends said that to reach gay and lesbian youth, “include them, don’t target them.”

“There’s room for everybody here,” said Schneider. “We need to communicate that in Provincetown there are more things to do than just go to a circuit party.”