Cabaret owner suing township

By Jon Moffett

The cabaret’s owner alleges that Austintown targeted his business over zoning.

AUSTINTOWN — Allowed to reopen its doors, the Go Go Cabaret has now put the township in the spotlight.

Cabaret owner Sebastian Rucci filed a federal lawsuit Thursday against the township, alleging harassment and unfair treatment to his business.

Rucci alleges the township violated his First Amendment rights and targeted the business for zoning violations. The township also objected to his bid for a liquor license renewal.

Township officials weren’t surprised by the lawsuit.

“I think that it’s the next process in an ongoing litigation that’s been initiated by his illegal acts. It was anticipated, and it’s just another step in the entire process,” said Dave Ditzler, vice chairman of the township’s board of trustees.

“As for his contentions, I don’t think the township did anything different to him than other establishments. Unfortunately, he just failed to comply with the regulations and the laws of the state of Ohio. The township doesn’t feel we have treated him any differently.”

Rucci was unavailable to comment Friday.

The lawsuit states the township has targeted the Go Go and ignored similar issues with other adult- entertainment venues. According to the lawsuit, these other such township businesses are nonconforming businesses and violate zoning laws — such as housing an adult cabaret, adult bookstore and sauna in one building.

Along with building issues, the lawsuit mentions signage issues. The club was ordered to remove a satellite dish that featured a painted face of a woman. The satellite dish, which was at the center of controversy between the two parties, was removed May 20.

Rucci claims the township targeted the club while ignoring similar signage for the other adult businesses — such as a billboard with the silhouette of a naked female with the words “nude” and “topless,’” or pictures of faces on a building.

Though Ditzler wouldn’t comment directly on the other businesses’ signage, he said the Go Go directly violated zoning laws.

“He used the satellite dish as signage, which is against zoning regulations,” he said.

He elaborated, saying, “With respect to other establishment’s signage, in zoning we don’t go out looking for zoning issues or violations. We respond to calls of complaints of officials. Then we initiate the zoning inspector to observe the complaints. I received numerous calls with respect to the satellite dish, search- lights and other things.”

Another issue highlighted in the lawsuit is the rejection of the club’s liquor permit renewal. The lawsuit said the township passed a resolution in December 2008 to object to the renewal of the club’s liquor permit and alleges prior zoning issues as the primary reason for objection.

Ditzler said the township asked to reject the renewal because of “ongoing litigation.”

An order filed June 12 by the Ohio Division of Liquor Control denied the renewal, citing six grounds for rejection, including “disregard for the law” and not conforming to “building, safety or health requirements.”

Matt Mullins, a spokesman with the Ohio Division of Liquor Control, said the permit is on file and Rucci would be able to reapply for it after his issues with the township are resolved.

The Clarkins Drive club, which opened in December 2007, has been under scrutiny for a while. Police raided the cabaret and executed a search warrant May 1 after an illegal-drug sale was reported. The cabaret was shut down that day, and the case was taken to trial shortly after.

Judge Lou D’Apolito of Mahoning County Common Pleas Court ordered the business to remain closed for up to one year, but it could apply to reopen after 90 days if corrective measure were taken. The business was granted permission to reopen July 31, being credited for the days the club was closed after the raid.

Ditzler said it is disappointing to have the township embroiled in such a lawsuit when other issues could be addressed.

“It’s unfortunate that money is expended on behalf of the township, county and state and the prosecutor’s office when somebody can’t follow the law,” he said. “I think he’s grasping for straws here.”