Austintown law OKS lap dancing, D’apolito rules

By Elise Franco | September 14, 2011 at 12:00a.m.

Austintown

Dismissal of prostitution charges against 16 dancers at the Go Go Girls Cabaret could impact a related case against club owner Sebastian Rucci.

Judge David A. D’Apolito of Mahoning County Area Court in Austintown dropped 40 charges against the 16 women on the basis that lap dancing and being compensated for that act isn’t a form of prostitution.

A motion to suppress some of the prosecution’s evidence also was granted.

The judgment entry stated that the Go Go is operating under a township-issued permit, which allows dancers to “perform in a state of nudity,” and includes “erotic touching.”

“It seems apparent that lap dancing is contemplated by the township as a potential form of entertainment. ... The court finds it difficult to believe the township would knowingly grant permits allowing illegal sexual activity to occur,” the judge wrote Sept. 2.

Atty. James Vitullo, who represented the 16 defendants, said he presented video evidence of the women performing lap dances. He said none of the videos showed illegal sexual activity.

“This vindicates everything that Sebastian [Rucci] has been saying, that this whole thing is made up,” he said.

Ken Cardinal, an assistant Mahoning County prosecutor, said he already has filed appeals on each of the dismissed charges.

“We never had a day in court,” he said. “[Judge D’Apolito] didn’t ask the prosecution to present any evidence. You have to give us a basis of why you’re going to suppress our evidence.”

Cardinal said the judge stated the township issued the Go Go an operating permit, which was incorrect.

“He cites in his opinion that the township granted a permit to have an exotic bar with dancers. There was never any evidence that the township gave the club a permit,” Cardinal said. “They are where they are because of a zoning resolution that allows them to have that type of business there.”

Darren Crivelli, township zoning inspector, said the club was, in fact, issued a permit by the previous zoning inspector Michael Kurilla.

“They met the locational requirements and were given the right to operate as a permitted use,” he said.

Crivelli said the phrases Judge D’Apolito cited to describe the Go Go operations are “what’s expected of an adult business according to township ordinance.”

Rucci and four others — Curtis “C.J.” Jones, Derrick L. Dozier, Wayne Penny and Peter E. Sciullo II — are charged in Mahoning County Common Pleas Court with engaging in a pattern of corrupt activity, money laundering, perjury and two counts each of promoting prostitution.

That case is scheduled for a bench trial Nov. 14 before visiting Judge Thomas P. Curran.

“Lap dancing is specifically permitted by the cabaret’s permit,” Rucci said in an email Tuesday. “The charges are even more disturbing since lap dancing is occurring at other clubs without objection.”

Vitullo said he filed a motion to dismiss the common pleas court case Tuesday morning on behalf of the corporations Go Go Cabaret, Triple-G Investments and 5455 Clarkins Drive Inc.

He said attorneys for the other defendants plan to follow suit because the prosecution’s case is based entirely on the prostitution allegations. Vitullo said without those charges, none of the other charges will hold up in court.

Vitullo said he believes Judge Curran will wait until the first day of the scheduled trial to rule on the motion.

Cardinal said he’s confident in his appeal and doesn’t think the dismissal in Austintown court will affect the common pleas case.

“We anticipate the 7th District Court of Appeals will vacate the judgment,” he said.

Vitullo disagreed, however.

“In my opinion, the case downtown can’t proceed because the corrupt activity, money laundering is based on that prostitution,” he said. “It puts a knife in their heart as far as this other case is concerned.”