AUSTINTOWN Strip club's attorney would fight for petitions

An advertisement states that The Babylon has a new owner.
By IAN HILL
VINDICATOR STAFF WRITER
AUSTINTOWN -- An attorney says he'll take township trustees to court if they say his client has to re-circulate petitions to place the township's strip club resolution on the ballot.
"If they think I fought hard to protect the First Amendment, they should see what I'm going to do to protect Austintown voters' right to vote," said Atty. Scott Cochran.
Cochran represents The Babylon, a strip club on Javit Court. He said he's concerned that trustees may use a letter from the Mahoning County Prosecutor's office to force his client to re-circulate the petitions.
Township Administrator Michael Dockry said the letter, dated Oct. 16, recommends that trustees overturn the resolution. That could allow the trustees to avoid a lawsuit claiming that they broke the law by including Atty. Alan Weinstein in executive session meetings before the resolution was approved.
Ohio law does not allow the public to attend executive session meetings.
Cochran said he thought it was illegal to include Weinstein in the meetings because he was hired by the trustees as a consultant, and not the township's attorney. He added that he believes the law doesn't allow trustees to hold an executive session meeting with their attorney unless they face the threat of a lawsuit.
Never filed complaint
Cochran noted that he never filed a formal legal complaint about the meetings.
If the old resolution is overturned, trustees would try to pass a new resolution, Dockry said.
Cochran said he is concerned that trustees would then tell him that he would have to submit new petitions to place the new resolution on the ballot.
Cochran submitted petitions containing 1,749 signatures to the trustees Oct. 22. The petitions ask the county board of elections to place the resolution on the November 2003 ballot.
The resolution would require all strip club owners and employees to receive a license from the township zoning inspector before working in Austintown. In addition, the resolution would prohibit strippers from dancing totally nude and from touching customers.
Dockry stressed that the trustees hired Weinstein "because he's an attorney." He noted he's going to ask the prosecutor's office for more information about the opinion in the Oct. 16 letter, because it was written before the petitions were submitted.
Dockry said he's also planning to send the prosecutor's office 17 affidavits from residents who believe they were misled by those circulating the petitions. Trustees want to know if the affidavits can be used to throw out the petitions.
New ownership?
In related news, Cochran wouldn't comment on an a Vindicator classified advertisement stating that The Babylon is "under new ownership." The advertisement, published Sunday, states that the club is looking for new dancers.
The club has been owned by Nick Ellinos. In May, advertisements were placed on the Internet stating that the club was for sale for $1.4 million.
Sunday's advertisement states that dancers can make $1,000 for four days of work.
hill@vindy.com