Plan for ‘adult cabaret’ strip club in central Pa. shopping mall nixed by U.S. court |

Bloggers Note: Ah – Obviously these idiots missed the global announcement about the current implementation of FOSTA/SESTA, and the start of Act 105 and Title 30 in the Commonwealth a couple years back. Duh. First Amendment rights for adult industry?

Penn Live Article –

A federal appeals court has shot down a developer’s bid to install an “adult cabaret” with nude female dancers in a central Pennsylvania shopping mall.

Developer Terry Sutton claimed his civil rights were violated when officials in York County’s Chanceford Township rejected his partnership’s attempt to install the adult entertainment establishment in the Brogue Center strip mall.

No, they didn’t, Judge Michael A. Chagares concluded in an opinion from the U.S. Court of Appeals for the 3rd Circuit.

Township officials had legitimate reasons, including public safety and incompatibility concerns, for denying Sutton’s application, Chagares found.

Sutton appealed to the circuit court after U.S. Middle District Magistrate Judge Martin C. Carlson dismissed his initial suit against the township.

In that appeal, Sutton claimed his rights to free speech and due process of law were violated. He also insisted the township’s regulations on adult entertainment were unconstitutional.

None (of those claims) have merit,” Chagares wrote.

He found officials were permitted to consider factors such as traffic, crime and the effect on neighboring properties on public health in rejecting Sutton’s plan.

“The record demonstrates that the (township’s zoning) ordinance ‘was passed to control the socially undesirable effects incidental to the operation of adult entertainment establishments’,” the judge wrote.

Those rules require, among other things, that adult entertainment facilities must not have any windows, may not have signs advertising their offerings, must be at least 1,000 feet from any school, religious facility, child care center or library, and must have trees or shrubs surrounding it to block them from public view, Chagares noted.

He also cited the township’s finding that Sutton’s plan to allow patrons to bring their own alcohol into the cabaret would violate state law.

In addition, Chagares backed the township’s conclusion that the cabaret would not be an appropriate use in the strip mall because it would not be a store.