BURLINGTON CITY, N.J. - A local gentlemen's club is attacking a sexually-oriented business ordinance as unconstitutional by filing a lawsuit against Burlington City. The Playhouse filed the suit last month challenging the ordinance, claiming it violates the First Amendment right of freedom of speech and expression, and says the city is trying to put the club out of business, according to a recent report.
"Without this court's intervention, Playhouse will cease to exist because of unconstitutional regulations hastily adopted by the city," the lawsuit states.
The City Council approved the ordinance in November. According to a recent report, the law requires all sexually-oriented businesses obtain city-issued licenses — which will set them back an extra $1,000 annually — and adhere to new rules, including unannounced police inspections.
Local businesses were given 180 days to apply for licenses, but none of the four sexually-oriented businesses in the city had requested an application since before the deadline.
Mayor Darlene Scocca told the Burlington County Times that though the ordinance became effective Monday, the city has not yet enforced it. She said the council must discuss the situation, and decide whether to defend the ordinance in court.
The ordinance also requires adult businesses to eliminate dance rooms and viewing rooms under a provision that mandates "unobstructed views" of every area. Clubs can also post no more than two signs, and shred or cut all photos and written material thrown in the trash so it is not readable.
According to the report, the Burlington City Police Department cited so-called secondary effects (crime, decreased property value) as the reason for the ordinance. Playhouse's lawsuit denies this claim and hired experts who studied the local area and agreed that the ordinance would not help reduce crime or improve property values.
The lawsuit states that the Playhouse — which has been in the city since 1988 — "is not a source of crime in Burlington different in quantity or character than any other bar, restaurant or retail establishment operating in the community. Indeed, Playhouse generates substantially less crime than many commercial establishments in the city. Crime of any kind is uncommon at Playhouse."
The lawsuit also states that the provisions of the ordinance are "vague and overbroad," and the licensing fee is an "unconstitutional tax on free speech."
Legal
- By
