Appeals board says no to Go Go

By Elise Franco

Spotlight, truck sign deemed violations

AUSTINTOWN — Appeals from The Go Go Cabaret on two zoning violations have been denied by the township board of appeals.

Atty. Sebastian Rucci, who represents the business, presented his case to the board Thursday night in hopes it would vote to allow a rotating spotlight fixture and a portable sign attached to a truck to remain on display at the business, 5455 Clarkins Drive.

Rucci said he was disappointed at the vote. “I sensed early on that it probably wasn’t going to get there.”

During the hearing, Rucci argued that other sexually oriented businesses in the township, such as Club 76 on 76 Drive and The Babylon on 114 Javit Court, have extensive signs both on and off their properties.

He said the cabaret was asking for similar treatment. “The township’s limitations on signage appears to only apply to The Go Go.”

Prohibiting these types of advertisements is a violation of the Equal Protection Clause, Rucci said.

Township Zoning Inspector Darren Crivelli said that’s not the case. All signs and advertisements Club 76 and The Babylon display were put up before new zoning laws were passed, he said.

Crivelli also said the Babylon has no free-standing signs.

“Any future application for that would be denied,” he said. “We will hold them to the current regulations.”

Rucci said the cabaret wants the ability to advertise like other businesses in the township.

“We are just looking for one sign somewhere so people can find the place,” he said.

Crivelli said that under the law, The Go Go is able to purchase advertisement space on a pre- existing billboard anywhere in the township, county or state.

Rucci said because The Go Go is not only a cabaret, but a nightclub, sports bar, restaurant and comedy club, the township should allow the business to post signs and advertisements under regulations that those types of businesses would be held to.

“This is a multipurpose facility,” he said. “The place isn’t trying to do anything other than state its name so others can find it.”

But because the property was purchased as a sexually oriented business, Crivelli said it is zoned as such.

Board members weighed in on the rotating spotlights that can be seen for miles. Chairman Bob Satterlee said he felt the lights are distracting to motorists.

“I find myself on the highway looking up at them,” he said.

Rucci said it was another attempt by the business to bring in customers. He cited several other businesses in the township, such as Bob and Chuck Eddy Chrysler Dodge Jeep on Mahoning Avenue, that light their properties.

Board member Joe Koch said lights from that dealership affect motorists differently from the lights at the cabaret.

“Your lights don’t just affect the immediate area,” he said. “You can see them from miles away.”

Crivelli said the reason for such bright lighting at car dealerships is safety.

“Car dealerships install drop-down lighting fixtures,” he said. “The focus is down and the light is clearly effective on making the parking lot safer.”

Rucci said overall he was glad the board engaged him and gave feedback during the hearing. “There was a dialogue, and that gave me some kind of an idea of how they felt.”

Rucci said he made every attempt to resolve the matter quickly and quietly, but plans to bring the case to the federal level.

“We really were trying to avoid that, which is why we were here,” he said. “Now a federal court will review the unconstitutionality of the treatment of the club and signage.”

He said the appeal must be filed within 30 days.

efranco@vindy.com