Austintown striptease club developer sues township fire department, official

Harassment by fire and building officials obstructs free speech, the lawsuit says.

By PETER H. MILLIKEN

VINDICATOR STAFF WRITER

YOUNGSTOWN — A man seeking to open a striptease club in a vacant former Austintown nightclub has filed a federal lawsuit alleging the Austintown Fire Department and Mahoning County’s chief building official violated his free-expression rights by blocking minor renovations for the cabaret.

These renovations were blocked with stop-work orders linked to fire and building code issues, states the action filed Wednesday by 5455 Clarkins Drive Inc. and its president and sole shareholder, Robert Neill.

Named as defendants are the Austintown Fire Department and its inspector, Lt. Richard Milliron, and Mahoning County and its chief building official, Jeffrey Uroseva.

The suit says Neill leased the 5,000-square-foot building at 5455 Clarkins Drive, where he intends to open the Go Go Girls Cabaret featuring “live, exotic striptease dancing,” hired an engineer and began making minor repairs to the building in June. The building, located in an area zoned for business, is amid a cluster of truck stops and motels at the interchange of I-80 and state Route 46.

A hearing on Neill’s request for a temporary restraining order to bar the county and the fire department from blocking the renovations or interfering with the cabaret opening will be at 10 a.m. Tuesday before Magistrate George J. Limbert in U.S. District Court in Youngstown. The suit also seeks a permanent restraining order, attorney fees and damages to be decided in a trial.

“The zeal with which Lt. Milliron has sought to obstruct the opening of the Go Go Girls Cabaret is tacit evidence of his extreme efforts to suppress the free speech rights of the plaintiffs, the entertainers and the public,” the suit said.

Response from Gains

“We obviously deny those allegations,” said Paul Gains, county prosecutor. “I don’t know of any evidence that they’re singling them out. It’s a public safety issue,” Gains added.

Gains said the county’s lawyers will address the legal issues in court and argue against granting of the temporary restraining order. Milliron and Fire Chief Andrew Frost could not be reached to comment.

Although the club’s location conforms to township zoning rules, and Michael Kurilla, zoning inspector, issued a certificate of occupancy for the premises, Milliron issued stop-work orders July 9 and Aug. 8, and Uroseva issued one Aug. 9 at Milliron’s direction — even though Uroseva has never been inside the building, the suit said.

On Aug. 8, Milliron warned Neill and everyone else in the building to stop work or face immediate arrest, the suit said.

On Aug. 9, Neill’s lawyer, Martin Yavorcik, submitted a letter to Milliron saying the work was lawful and asking for a meeting with the township’s lawyer. On Aug. 21, Milliron cited Neill on criminal charges of violating stop-work orders and summoned him to appear on those charges in Austintown Court at 1 p.m. Sept. 10.

The work being done was maintenance and minor repair involving the performing stage, which does not legally require approval of fire and building officials, nor does it require the full architectural drawings Milliron demanded, Yavorcik said in the suit. The permit requirements of the county and township, as applied to the cabaret, “allow for excessive and unconstitutional delay,” the suit said.