Go Go keeps liquor license pending appeals

The judge declined to block sign-ordinance enforcement.

CLEVELAND — A federal judge has barred the Ohio Division of Liquor Control from taking away the Go Go Girls Cabaret’s liquor license before all appeals of the state’s nonrenewal of that license are exhausted.

The temporary restraining order sought by the Austintown cabaret was issued Monday by U.S. District Court Judge Ann Aldrich.

Judge Aldrich, however, declined to grant the temporary restraining order the cabaret had sought to prevent Austintown Township and Mahoning County from enforcing portions of the township zoning ordinance pertaining to sign displays by sexually oriented businesses, such as Go Go.

The judge’s rulings came in a federal lawsuit cabaret owner Sebastian Rucci had filed earlier this month against the township and the county, alleging harassment and unfair treatment of his business.

In an e-mail to The Vindicator, Rucci said the cabaret would reopen this week. However, telephone calls to the Clarkins Drive cabaret went unanswered Tuesday, and Rucci could not be reached for an interview.

“The township will vigorously continue to defend any and all remaining allegations in Mr. Rucci’s complaint,” said Lisa Oles, township trustee chairwoman.

“Any issues pertaining to his liquor license would be up to the liquor control commission to pursue,” she added.

On June 12, Terry Poole, state liquor control superintendent, rejected the cabaret’s liquor license renewal because of what he termed “disregard for the law” and noncompliance with “building, safety or health requirements.”

The cabaret appealed that decision and asked that it be allowed to operate during that appeal, but state liquor officials denied that request Aug. 11.

“The Go Go was not intended to operate as a juice bar” and likely wouldn’t be competitive if it couldn’t serve alcoholic beverages, the judge observed.

“Go Go would suffer irreparable injury as a result of the state’s failure to hear its appeal in a timely or predictable manner,” the judge added.

The sign dispute with the township pertains to a satellite dish and an aluminum sign advertising the cabaret, which township officials said violated the township zoning code limiting sexually oriented businesses to wall signs of 40 square feet or less. The township also said the cabaret’s searchlights and parked-truck advertising violated the adult-oriented business sign code.

The cabaret has removed all of those items that the township objected to, Oles acknowledged.

Judge Aldrich said she couldn’t conclude with confidence that Go Go was likely to prevail in its claim that the township and county systematically harassed the cabaret because of the cabaret’s challenge to the constitutionality of the township’s adult-sign ordinance.

“It’s absolutely preposterous,” Oles said of Rucci’s claim.

In previous legal action, Judge Lou A. D’Apolito of Mahoning County Common Pleas Court ordered Go Go closed May 27 because he deemed it a public nuisance, but he allowed it to reopen July 29 because he said it had made changes to abate any continued nuisance.

milliken@vindy.com