PULASKI, PA. Store owner awaits ruling on licenses

The adult bookstore owner says business is booming, and he has complied with the law.
By LAURE CIOFFI
VINDICATOR NEW CASTLE BUREAU
PULASKI, Pa. -- When word spread in this rural community that an adult bookstore was planning to locate on U.S. Route 422, large crowds gathered for meetings, a coalition of religious leaders formed and pickets lined up to protest it.
Two years later, the adult novelty shop, Adultland XXX, remains open just a few miles from the Ohio border, but the organized community opposition has waned.
"There is a certain amount of complacency or resignation that has set in the township. Life goes on. You go about your business," said William Morrison, a retired biology professor who was part of the early protests.
"However, there is still an undercurrent. We are willing to wait and be patient, wait for the court system to run its course."
Appeal in court: Store owner Eric Boron of Salem, Ohio, is appealing a decision made by the township police chief to deny the store and its employees licenses under the township's adult business law after finding violations during an inspection.
Boron initially balked at even applying for the licenses because the township law had been passed months after his store opened. He eventually filled out license applications after being ordered to do so by a Lawrence County judge.
Boron's appeal of the license denial is in Pennsylvania Commonwealth Court. His attorneys argue the adult business law is unconstitutional and the store should not have to comply because the law was passed after the business opened.
The matter likely will be resolved sometime this summer, said Bernard Matthews, a Pittsburgh attorney hired by the township to craft the licensing law and defend it in court.
The legal battle has left early opponents without much hope to hang onto.
Opponent: "It's dragged on for years, and I suppose it could drag on for many more years before it's resolved," said the Rev. Robert Dayton, pastor of the Mahoning Presbyterian Church.
"The place is there, and it's a blot in the community. No one likes it, but we are stumbling in the dark. We have lost our way."
The Rev. Mr. Dayton was one of several leaders who formed the Coalition Against Pornography in Pulaski in early 2000. The group no longer meets, but Mr. Dayton said it would gather again if there were something they could do to help shut down the store.
Patrons at Flowers 'N' That, a florist and bake shop next to the bookstore, often ask for updates of Adultland's status, said owner Ronda Rochow-Miller.
"People miss a hearing or an article in the newspaper, and they don't know what's going on. I tell them what I read," she said.
The only real vocal protests are the occasional honking car horn by passing motorists, she said.
Businessman's opinion: Joseph Muscarella, who owns Jetta Kitchens and Baths on the other side of Adultland, said he's still hoping the business will close.
"I don't believe this should be in a community like this. There is a place for everything, but this isn't the place for an adult bookstore. You can't buy a drink in Pulaski Township, but you can buy a dirty movie," he said.
While not happy about its location, Muscarella and Rochow-Miller acknowledge there have been no problems with Adultland XXX. There is only the occasional discarded videotape cover or ripped magazine cover on their property.
Both say neither business has been affected by the porn shop's presence.
Muscarella said, however, Adultland's presence has stalled his plans to put an ice cream stand on his property. "The way I look at it, most parents wouldn't want children coming to a place with that next door," he said.
Good location: Boron said he's pleased with the store and its location, however.
"The customer base is excellent. There has been no trouble, and business has been booming," Boron said.
Customers, ranging in age from 28 to 40, frequent the store after normal working hours and late evening, he said. Most are single women or couples, he added.
"It's the way we expected it to be. The religious people were up in arms about it at first," Boron continued. "I believe, in their minds, they thought it would be trouble, but there is not a liquor license. We are not putting drunks on the highway. People come in, they buy their merchandise and they leave."
Boron said he owns five gentlemen's clubs and 17 adult bookstores -- 10 opened after the one in Pulaski -- in seven states. He said he hasn't encountered any problems elsewhere.
He added he's upfront about the business and is careful to get proper zoning and permits before opening.
"It wasn't like we told them it was going to be a convenience store and then all of the sudden opened an adult bookstore. They [the township] gave us a permit for it. After some older people and some 'do-gooders' decided they had something they could hang their hat on, then all of the sudden they didn't want it," he said.
Zoning situation: Township officials initially gave Boron a zoning permit but later learned that some township zoning laws were invalid because they were never publicly advertised.
That left the township with no zoning regulations, allowing an adult business to locate anywhere in the township.
"Nobody's happy about it being there, but there's not a heck of a lot we can do about it. I know we would have been more than happy to just say no and throw them out, but we can't," said Pulaski Supervisor Terry Sander.
Supervisors have since revamped the zoning laws, but Boron is exempt because he was there before those laws took effect.
Boron adds that publicity surrounding the protests and legal maneuvers may have helped his business.
"I love the location. I'm glad to be there. I'd do it all over again if I had to," he said.
cioffi@vindy.com