People pressure stopped sex shop
Wednesday, September 23rd, 2009Residents willing to fight can do more than shaky laws to keep out an unwanted business.
In the end, a group of Cherry Hill residents got what they wanted. A store that would have sold adult videos and novelties won’t open in the former Kiva Printing building on Route 70 East.
The township has reached a settlement with Partners 70 LLC, owned by Jim Restaino of Union County. The settlement ends an expensive four-year battle that, in the end, serves as an example of how the will of the people can move governments to action.
The law is limited in what it can do. There are only so many restrictions that towns can have in their zoning laws or that state governments can pass. After all, one of the fundamental tenants of the United States is that property owners have rights to do what they want with their property. Communities that impose too many restrictions on property owners and say no too often regularly find themselves on the losing end in court. Such struggles end up costing residents whose taxes pay for such legal fights.
Indeed, Cherry Hill had to defend itself in court after denying a business license in 2005 for Romantic Video and Boutique. Understanding that a full, township-wide prohibition on sex shops wouldn’t stand up in court, township elected officials created special zones for sex shops in 2007. Also, the state Assembly passed bills allowing local officials to restrict the location of sex shops and to require the daytime posting of security guards at schools, school bus stops and child care centers within 3,000 feet of such shops. The bills were later changed.
As Assemblywoman Pamela Lampitt, who moved to amend the bills noted, the rights of property owners as well as the First Amendment limit what the government can force store owners to do.
The township’s sex shop zoning restrictions might stand up over time in court over time. They might not. Same with any state laws. It’s hard to say.
That being the case, we would encourage residents of any community who don’t want a business they consider a nuisance near their homes to lead the charge. Ultimately, it was citizen unrest that not only forced the township to spring to action, but also made opening a store far less attractive to Restaino.
Residents were threatening to post photos online of patrons who entered the store. Protests in front of the store probably would have happened, also. Think any store owner wants to deal with having his customers routinely embarrassed? Of course not. It was easier for Restaino to cut his losses and give up his plan knowing residents were so opposed.
We applaud the residents of Kenwood Avenue and groups, including Cherry Hill Together and the Barclay Area Civic Association. They kept up the pressure and ultimately forced Restaino to consider a settlement rather than build. The people spoke and got the result they desired.
STORY SOURCE: http://www.courierpostonline.com/
