The resolution tweaks other parts of the sexually oriented business resolution — which are Constitutionally protected free speech — and added a line that reads “live sex act businesses are prohibited.”
Township Administrator Judi Boyko said this is just the first step in a four-month process to change the zoning code.
“As the board is aware over the last nine months or so, several issues have surfaced that have rendered bringing to light significant community matters the board wanted to address and may address through the township zoning resolution,” she said.
The moratorium was placed on sex businesses last November after the Champagne Club, a swingers establishment, proposed coming to the township. The club was set to open on Harwood Court, near a Fairfield day care center, which sparked concern in the community.
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.
Trustee Board President Mark Welch said swingers clubs have no business being in the township.
“We’re talking about the health, safety and welfare of the citizens and residents and business owners of West Chester,” he said. “It doesn’t fit our brand of where families grow and businesses prosper.”
The owners of the Champagne Club, Melissa Warren and Eric Adams of Sanford Group LLC sued the township after they found their sexually oriented business license and zoning certificate revoked in November by the township's former director of community development.
In February, a judge ruled the township should not have revoked the swinger’s club’s permit. The two sides settled for $90,000 and a promise the Sanford Group would not try to relocate elsewhere in the township.
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