Athens city is expected to appeal a court ruling this month that essentially overturned a Board of Zoning Appeals ban on a Stimson Avenue strip club.
In 2008, the Athens BZA denied three applications submitted by Three Wide Entertainment, a company based in Shade, Ohio, for permission to open a gentleman's club on Stimson Avenue, said Steve Pierson, former Athens city code director.
Three Wide Entertainment presented its case to the BZA throughout 2008 and 2009, referring to the club's intended use as entertainment
Pierson said. The BZA determined the club was not permitted because the area around Stimson Avenue is a B-3 zone, or general business zone, he added.
In its permit applications, the company offered further uses for its club, such as a private club nightclub theatre and assembly hall
Pierson said, adding the BZA denied those uses as well.
In 2008, the company filed for an appeal with the Athens County Court of Common Pleas, Pierson said.
It appears that Three Wide Entertainment will continue to pursue this
Pierson said.
On June 2, about two years after the appeal was filed, Judge Michael Ward appeared to rule in favor of Three Wide Entertainment when he did not affirm or dismiss the BZA decision to deny the company's application, allowing it to continue to pursue the matter, Pierson said. The case was sent back to the BZA for further consideration, he added.
The city is appealing Judge Ward's ruling at the end of the month in front of the Fourth District Court of Appeals, according to the city law director's office.
Three Wide is contesting the BZA decision because there was no specific legislation in Athens regarding adult entertainment at the time of the company's application, said the company's attorney, Scott Mergenthaler.
I think the city erred in not letting this business in
Mergenthaler said.
In response to the difficulties of resolving this case, the city adopted an ordinance in April 2008 regarding adult entertainment, Pierson said. The new ordinance specifies acceptable content and location of adult entertainment businesses.
A business of that nature cannot be located within 1,000 feet of a church, school, residential area, park, library or other similar businesses, according to the ordinance.
Although the city adopted the ordinance to eliminate ambiguity in city law regarding adult entertainment, the ordinance will not apply in Three Wide's case because it was adopted after the company submitted its application, said Nancy Bain, D-3rd Ward.
City Council does not have a stance on the matter, Bain said.
Even though the city is appealing the case, Three Wide Entertainment will continue seeking its approval and is confident the club will open, said Christopher Stotts, who applied for the company's license.
I am pretty sure there is a 99.9 percent chance it will get passed
Stotts said.
The underlying issues of Three Wide's case are now broader constitutional issues related to the freedom of speech, Mergenthaler said.
The city just doesn't like the content
but the content is technically protected under free speech
he said.
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