Margolis Edelstein Attorney Rolf Kroll secured a Third Circuit victory for his Municipal client declaring that a zoning decision precluding the opening of a strip club in a rural and religious community did not offend the First Amendment. This case arose from Plaintiff’s desire to open a strip club in a religious, rural municipality. Plaintiff sought an exception to the zoning Ordinance that was denied. Plaintiff then sued the Township, arguing that its zoning ordinance was an unconstitutional prior restraint on free speech both on its face and applied to the potential adult entertainment facility. Plaintiff asserted claims under 42 U.S.C. § 1983, the Takings Clause, the First Amendment, and the Pennsylvania Constitution.
Rolf’s defense to these claims before the United States District Court for the Middle District of Pennsylvania focused upon the content neutral language of the Ordinance and the fact that while nude dancing is a form of “speech” protected by the First Amendment, an application for exception to a zoning ordinance is not. The District Court granted summary judgment to Rolf’s client and the Third Circuit affirmed, recognizing that while nude dancing that is protected by the First Amendment, this protected activity was not central to the zoning decision at issue.
