“In the event we want to modify it to further restrict sexual encounter businesses, which may not have the same constitutional protections, if we decided we wanted to do that and we moved on with that process and we don’t extend the moratorium, and something like a swingers club came, there would be nothing we could do to stop it,” Trustee George Lang said.
All three trustees have told the Journal-News they intend to ban swingers clubs outright.
“I think it would be disastrous if we didn’t nail this down, with all the research the staff has done, and have somebody else come in looking to bring a business like that,” board President Mark Welch said.
The nine-month moratorium expires on Aug. 17. The ban 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 owners of the club sued the township, and the two sides recently settled the case for $61,000 and a promise the owners wouldn’t try to relocate elsewhere in the township.
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.
In 2011 the township adopted its “sexually-oriented business” licensing resolution consistent with the findings of the high court, which ruled such businesses could not be regulated for content, but could have their location regulated based on the potential community impact.
Trustee Lee Wong asked Boyko if there is case law that would bolster a decision to ban the swinger clubs.
“Oh, yes, there is ample case law that sexual encounter establishments are distinguished differently from sexually oriented businesses,” she said.
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