| 07/07/2008 |
| Christian Activist Groups Join Suit Against Topless Bar |
| By: William Mulgrew , The Bulletin |
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Quakertown - Christian activists in the towns of Milford and Quakertown who protested a topless bar are trying to block it in court. The King's Men, a Catholic-centered anti-pornography group, and the Quakertown Ministerium, an association of 28 regional churches, have introduced a motion for intervention in an appeal from the Coyotes Show Club, hoping to become parties to the lawsuit. Mark Houck, president of The King's Men, said becoming a party will give the Bucks County Court of Common Pleas an opportunity to consider how the topless bar affects the community. "The secondary effects of sexually oriented businesses have been documented for years," said Mr. Houck. "When they come into communities, crime increases, residential properties lose value, sexual deviancy goes up, and prostitution becomes an issue." The Coyotes Show Club allegedly began as a standard sports bar, but when it opened its doors at the Quakertown exit to the Pennsylvania Turnpike, Dec. 14, residents discovered that it featured topless dancing. "Municipalities are not familiar with state laws of this sort. Municipal action can basically shut down establishments like this," said Randall Wenger, chief counsel to the Independence Law Center, representing The King's Men. With its liquor license pending, the club found buried in its municipal agreement a clause that Milford Township could revoke its permit if the establishment violated state law. Since state law prohibits nude dancing at bring-your-own-bottle (BYOB) establishments. Even though the club originally lied to public officials about its intention to open a topless bar, it filed a lawsuit against the township, arguing that the restrictions are unconstitutional. Mr. Houck, 33, is a resident of Milford. He hosts a biweekly radio program on 1570 AM, helping callers with sexual addictions. "Here we are, a conservative community in upper Bucks County and this establishment places itself off the interstate linking New York, New Jersey and Maryland. It's a prime location for people to be coming in from other parts of the country, as many of them would be apt to do, where they can indulge in their addiction," said Mr. Houck. There's another problem for residents: while BYOB's can't feature topless dancing, bars licensed to serve alcohol can. In 2006, the U.S. Third Circuit Court of Appeals struck down Pennsylvania's Liquor Law, which had prohibited "lewd entertainment" on licensed establishments. The court said the law was too broad and might be aimed against nude artistic expression in concerts or theatrical performances. Even though there are no such cases, the court didn't care, striking down the law on the basis that they might happen. The court reasoned, "...the enforcement agency... could, at some point in the future, decide to target a broader range of establishments. This possibility of expanded enforcement creates a chilling effect." The court affirmed that the legislature could prohibit "lewd entertainment" if explicitly aimed at bars. The Pennsylvania General Assembly has yet to amend the statute. The original litigant in the case was Conchatta Inc., which owns Club Risqué in Philadelphia. Through judicial activism, a "gentlemen's club" in the city effectively paved the way for sexually oriented businesses across the state. The Coyotes Show Club has until July 7 to contest The King's Men and Quakertown Ministerium's motion for intervention. The club's attorney could not be reached. William Mulgrew can be reached at wmulgrew@thebulletin.us.
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