CHERRY HILL, NJ – Over the grumbles and grievances of some local residents, the Township Council of Cherry Hill, NJ approved a new ordinance Monday night, creating four special zones for sexually oriented businesses, according to the Cherry Hill Courier Post.According to the Courier Post, every member of the council stated that they wished they could pass an ordinance to ban such businesses from the community entirely, but they are prevented by the state and U.S. constitutions from doing so.
“We are just forced to face the fact that we are going to have to provide a zone,” lamented councilwoman Joyce Kurzweil.
The council passed the measure in response to a lawsuit filed by business owner Jim Restaino, who wants to open a location of his store, Romantic Video & Boutique, off Route 70 in Cherry Hill.
The ordinance passed by the council does not grant Restaino the location he wanted, but the council hopes that by providing somewhere for Restaino to operate as required by law, they will be essentially able to dictate the location of his store.
Restaino’s lawsuit had accused the town of violating his constitutional rights by failing to provide a place for adult businesses to operate legally under the township’s zoning laws. The council hopes that the establishment of the new zones will eviscerate that argument.
The Courier Post reports that Restaino’s lawyer, Dennis Oury, did not return calls for comment on the council’s adoption of the new ordinance and it is not clear at this time whether Restaino will drop his lawsuit or continue to push for his desired location.
At Monday’s council meeting, representatives from a variety of local civic groups, churches, and schools were in attendance to condemn the ordinance.
“Such an establishment is an affront to the moral convictions and ethical foundations we seek to instill in our youths,” said David Chun, a senior pastor at the Cherry Hill Korean Presbyterian Church.
At least one local resident intrepid enough to speak up in support of the store said she thinks the town should allow Restaino to open at the location he applied for, on Route 70.
“By putting it in a safe area, you’re going to attract safe clientele,” argued Alexius Steinman before the Council’s Monday meeting, according to the Courier Post. By contrast, Steinman contended, force the store to open in a less desirable location and you will draw a less desirable customer base.
Steinman also said she frequents the store’s Mount Laurel location and described the store as “very clean, very tidy, well lit, and well staffed,” adding that such an environment makes responsible adult customers more comfortable.
Hearings in Superior Court on legal motions in Restaino’s lawsuit have been delayed twice this month, and now won’t be considered until at least January 19th, according to staff for Superior Court Judge Francis Orlando, who presided over a three-day hearing in the case last June.
