Stockham Strip Club Update

From BucksLocalNews.com

Council discusses strip club lawsuit
President says burlesque-style theater not in the mix for downtown
By Petra Chesner Schlatter, Posted on Wed, Jan 28, 2009

Morrisville Borough Council's executive session on Jan. 20 dealt with litigation regarding the constitutional right to operate a gentleman's club in Morrisville.

Todd Colarusso, a principal in the New Jersey-based Stockham Interests LLC, is suing the borough, claiming Morrisville zoning ordinances "impose restrictions and prohibitions on First Amendment protected expression."

Neither Colarusso nor his lawyer, Luke Lirot of Tampa, Fla., could be reached for comment.

The site of the club was proposed for Bridge Street and Pennsylvania Avenue in the ailing downtown business district.

The developer wants to put a burlesque-style theater in the . Other proposed uses in the building would be a health club and a restaurant. The Morrisville Zoning Hearing Board unanimously rejected Colarusso's application for a strip club in May 2008.

While adult entertainment use is not allowed in the commercial district, it is permitted in Morrisville's industrial zones.

According to James Downey, borough council solicitor, there are no state regulations or guidelines about how far away an adult entertainment establishment can be situated from a school or church.

The daughter of a local Baptist minister said at the hearing last year that youths would walk by the strip club on their way to and from school. Her father spoke out against adult entertainment in his church's neighborhood.

The pastor of the Catholic school quoted the Bible, stating a man "looks at a woman with lust, he has already committed adultery."

The borough's insurance company is handling the litigation. Initially, the borough filed a motion to dismiss the claim. The federal judge in Philadelphia threw out some of the claims, but let stand the First Amendment challenge.

Solicitor Downey said the normal approach is to take a matter like this to the Court of Common Pleas in Doylestown.

"They didn't do it - they took it straight to federal court," he emphasized.

Morrisville Borough Council President Nancy Sherlock said the Stockham Building is in the center of town. "Our hope was for the revitalization of Morrisville's downtown," she said. "I speak for myself at this time, but I believe it is the consensus of borough council that a burlesque establishment was not in that mix."

Since the 1970s, Sugar and Spice, a local strip club, has existed on South Pennsylvania Avenue, Sherlock noted.

"I think that we struggle with an image," she said. "A lot of people aren't familiar with the bright side of Morrisville. We have beautiful tree-lined streets.

"We have residents, who are very proud of their homes. They take care of their homes. There are many attractive homes in Morrisville," Sherlock noted.

The council president said an issue that needs to be addressed is the fact that a crossing guard stands at the intersection and crosses the children. "I know that Pastor [Gary] Taylor from the Baptist Church was adamant," Sherlock said. "It is close to his church and he said it would be detrimental to his church's members."

Sherlock said she could not comment specifically about the litigation. The matter is discussed in executive session because it is a legal matter.

"We will see what happens," she said.

Council Member Jane Burger explained the that zoning hearing board heard the request. "They denied it for several reasons," she said. "[The developer] failed to show hardship that they could not rent to tenants of any of the types of businesses allowed in the C-2 commercial district," Burger added.