PULASKI, PA. Supervisors to ponder adult store
A court ruling upheld the township ordinance.
By LAURE CIOFFI
VINDICATOR NEW CASTLE BUREAU
PULASKI, Pa. -- Supervisors expect to meet this week to determine how to deal with an adult bookstore not complying with a township ordinance.
Supervisors learned Friday that their adult business and licensing ordinance was upheld by Pennsylvania Commonwealth Court.
Eric Boron, owner of Adultland XXX on U.S. Route 422, had challenged the ordinance in court after his business and employees were denied licenses by the township.
Boron, of Salem, and his attorney, H. Louis Sirkin of Cincinnati, could not be reached.
Bernard P. Matthews, township attorney, said he received a copy of the court ruling late Friday and will meet with supervisors to discuss how to proceed.
He declined to say what the options are for the supervisors.
Boron and two of his employees were denied permits by Police Chief James B. Morris Jr. in February 2001 under a township ordinance regulating sexually oriented businesses.
Violations found
Morris said that during his inspection of the business, he found a woman working who had not applied for an employee permit as required by ordinance.
Boron later said she was only trying out for a job and was not an employee.
Morris also said that Boron refused to comply with the hours of operation outlined in the ordinance -- 8 a.m. to 10 p.m. Monday through Saturday.
Adultland XXX had been operating from 8 a.m. to 2 a.m. Monday through Saturday.
Boron appealed the township's decision to deny his business and employees licenses to Lawrence County Common Pleas Court. The court sided with the supervisors and denied his appeal in February 2002. He then appealed to Commonwealth Court.
Commonwealth Court released its decision last week.
Pulaski Supervisor Lewis Grell said this week's meeting with Matthews will determine how the township will proceed.
"The ruling in question would indicate they would have to follow the ordinance," Grell said.
Matthews said Boron does not have an automatic right to appeal the matter to a higher court but could ask the Pennsylvania Supreme Court to hear the issue.
cioffi@vindy.com
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