Kristopher
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join:2002-10-11
Middletown, PA
 ·Comcast
|  [PA] Stripper Pole Aerobics Wins Over Township
»reason.com/news/show/133871.html
Interesting article.
said by Shawn Macomber :
Babines sank thousands into renovating her studio. The town inspector made mostly small requests light the exit sign, replace the furnace valve, and so on. But then she was blindsided by a subsequent letter declaring that the studio, which was christened Oh My You’re Gorgeous, was an “adult business” ineligible for an occupancy permit. This was a perplexing pronouncement on a facility that forbade spectators and catered solely to fully clothed women. Apparently a township in Mars, PA tried to stop Stephanie Babines from opening an Aerobics Studio that uses an exercise technique assisted by stripper poles. They cited that it would be an "adult business" ineligible for an occupancy permit (from article). They would have won by wearing her down with legal fees, but she appealed to the ACLU, and they took the case. I rarely side with the ACLU, but as a citizen of PA I felt this fight was worth it. The township has since backed off and paid $75K in damages and lawyer fees.
A win for free enterprise!
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PhoenixDown
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join:2003-06-08
Fresh Meadows, NY
clubs:   | Its strange that they went after this in the first place. Local gyms have been offering it as a 'class' for a while now.
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Kristopher
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join:2002-10-11
Middletown, PA
·Comcast
| It could have been local mentality. There may be more to the story as well. She lived there her whole life, so maybe had some bad blood between her and the township over a personal matter. You never know.
They almost beat her down and won, so it wasn't that far fetched of them.
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Archivis
Your Daddy
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join:2001-11-26
Earth
 ·Verizon FIOS
| reply to Kristopher
I don't get it, considering all the fucking ghetto strip joints in this state. Ever drive down Jonestown Road, or hell, 11/15 towards 80?
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Kristopher
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join:2002-10-11
Middletown, PA
·Comcast
| That's why I think it was more privately motivated. That area may truly have ordinances that do not allow adult entertainment, thus giving them the loop hole in which to deny her the occupancy permit. But I doubt it was done only due to a misunderstanding of her product.
This has personal written all over it, IMO.
BTW - You know you're bored when you post in this forum. 
Vote: Archivis
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Archivis
Your Daddy
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join:2001-11-26
Earth
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| Yeah no shit. The Pub games needs to be more active next week once vacations are over. I can't get through the work day now without it.
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KoolMoe
Aw Man
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join:2001-02-14
Annapolis, MD
clubs:
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| reply to Kristopher
Ever been to Mars (Pa?). Pretty small, backwoods town. It was a local enforcement, not a state one, otherwise I agree in the sense of all the run-down nudie bars in the state.
Sounds more like innocent misunderstanding. Someone saw the stripper poles and thought there was a more...nefarious purpose to the place. Who teaches aerobics with stripper poles? And the name of the place is suggestive as well. I can see in a small, conservative town how they'd get flustered about this.
Glad the ACLU stepped-up and helped her out. Shame the town just couldn't take her word for it. Could very well have been something personal in the fight, but I wouldn't necessarily suppose it from the start.
KM
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Kristopher
Premium
join:2002-10-11
Middletown, PA
·Comcast
| That makes more sense than my conspiracy theory. 
She could have told them it was a fire department training classroom..... 
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WORSE. THAN. CARTER.
Arbitrary Text
join:2001-12-30
Backyard
 ·1and1
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| reply to Kristopher
The BLCE (Bureau of Liquor Control Enforcement) has been defeated in their attempts to halt "lewd behavior" in bars. The 3rd Circuit Court of Appeals ruling that was appealed to the Supreme Court of the US will not be heard by SCOTUS and lewd behavior is unenforceable by the BLCE. The original case, for those with legal minds, was Conchatta v Miller.
Come to PA. Come see nude women dance in the bars.
This is an email opinion from the BLCE to a licensee:
quote:
RE: Dancers
Dear Sir/Madam:
ISSUE: This correspondence is in response to your e-mail, dated February 21, 2009, in which you state that you hold a liquor license and an amusement permit. A gentleman called and asked if he can rent your bar for a bachelor party. He intends to have a stripper perform at the party. You ask whether this would be permissible.
OPINION: Please be advised that section 493(10) of the Liquor Code [47 P.S. õ 4-493(10)] prohibits liquor licensees from permitting any lewd, immoral, or improper entertainment in a licensed premises or in any place operated in connection therewith. [See also 40 Pa. Code õ 5.32(b)].
On August 15, 2006, the Third Circuit Court of Appeals struck down section 493(10) of the Pennsylvania Liquor Code and section 5.32(b) of the Board’s Regulations [40 Pa. Code õ 5.32], in so far as it prohibited “lewd” entertainment in any establishment that had a liquor license. Conchatta Inc. v. Miller, 458 F.3d 258 (3rd Cir. Pa. 2006). The United States Supreme Court refused to hear the case, thereby, allowing the Third Circuit’s decision to stand. As a result, and in conjunction with an earlier Court decision that struck down the provisions in those aforementioned sections that had prohibited immoral or improper entertainment, section 493(10) of the Liquor Code and Board Regulation 5.32(b) are currently unenforceable to the extent that they prohibit lewd, immoral or improper entertainment.
While there is nothing in the Liquor Code that currently regulates exotic dancing, such activity may violate provisions of the Crimes Code. Since this office is not empowered to interpret the Crimes Code, you should contact the Pennsylvania State Police or your local police, and/or the District Attorney’s office in your county for their opinions on this issue.
THIS OPINION APPLIES ONLY TO THE FACTUAL SITUATION DESCRIBED HEREIN AND DOES NOT IINSULATE THE LICENSEE OR OTHERS FROM CONSEQUENCES OF CONDUCT OCCURRING PRIOR TO ITS ISSUANCE. THE PROPRIETY OF THE PROPOSED CONDUCT HAS BEEN ADDRESSED ONLY UNDER THE LIQUOR CODE AND REGULATIONS. THE LAWS AND POLICIES ON WHICH THIS OPINION IS BASED ARE SUBJECT TO CHANGE BY THE LEGISLATURE OR THE PENNSYLVANIA LIQUOR CONTROL BOARD.
Very truly yours,
FAITH S. DIEHL
CHIEF COUNSEL
cc: Pennsylvania State Police,
Bureau of Liquor Control Enforcement
Jerry W. Waters, Sr., Director, Office of Regulatory Affairs
Jane Melchior, Director, Bureau of Licensing
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