Liberty Twp. bans sex clubs, restricts drug rehab centers

Liberty Twp. trustees are grateful to their southern neighbors for “falling into the pit first” on zoning issues regarding sex clubs and drug rehab centers, now that they have passed their own regulations.

This week the trustees approved zoning text amendments that ban live sex act businesses and regulate institutional care facilities, including drug rehabs, that essentially mirror West Chester Twp.’s actions last year.

MORE: West Chester, owners of swingers club settle lawsuit

“They found gaps (in their zoning),” Liberty Trustee Steve Schramm said about West Chester Twp. “That’s the joy we have as trustees, that we can look to one another, to see who falls into the pit first. They set the agenda for everyone else so we thank them profusely for at least letting us get ahead of it.”

RELATED: Liberty Twp. issues sex club moratorium

Liberty Twp. issued a moratorium in December 2015 after the Champagne Club swingers club attempted to open in West Chester Twp. The club was set to open on Harwood Court, near a Fairfield day care center, which sparked concern in the community. The township ended up settling a lawsuit over the issue.

The West Chester trustees also initially issued a temporary ban but made it permanent late last year with text amendments.

The U.S. Supreme Court declared that sexually oriented businesses are afforded certain free speech rights under the First Amendment, but governments are still able to impose some restrictions.

Sex businesses that involve contact do not have the same constitutional protections.

The owners of the Champagne Club sued West Chester after their permits were pulled but the case eventually settled for $90,000 and a promise from the club owners they wouldn’t try to locate anywhere else in the township. West Chester was also sued over a drug rehab center Dr. Mohamed Aziz wanted to locate in a residential neighborhood. They settled that case too, setting certain conditions the doctor must meet to address safety and other concerns.

RELATED: Drug rehab case settled

The zoning text amendments for Liberty add a new definition for institutional care facilities and establish where in the township they can be located. Trustee Board President Christine Matacic said she understands there is a great need for rehab facilities, in the midst of the crushing opiate epidemic, but they need to protect their residents as well.

“There is a sensitivity we have to have for those individuals as well as for the neighbors,” she said. “We wanted to make sure we had the proper definition in there and establish where in the community they would be appropriate. We’re not outlawing them or anything like that.”

Schramm said unlike West Chester they have not had any inquiries from businesses like these yet. Trustee Tom Farrell said the amendments are a preemptive strike.

“When you find a situation where your zoning has a hole, you have to make sure you fix that,” Farrell said. “What happened in West Chester made us realize that we needed to be more specific on the code, so we made a change.”

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