SAYREVILLE — A state Superior Court judge recently ruled in favor of the borough in its attempt to shut down an allnude juice bar located on Routes 9 and 35.
Borough police had cited Club 35, also known as XXXV Gentleman’s Club, as being in violation of local zoning laws, saying it was operating within 1,000 feet of public parks and homes. The club is located near Lower Oak Street Park, a residentially zoned area near a school bus stop.
On Feb. 25, Judge Glenn Berman ruled that Sayreville was within its rights to close the business, which was formerly the Colosseum nightclub.
However, last week a state appellate court granted an emergent motion staying the enforcement of Berman’s decision. The stay will prevent the borough from shutting the business down until a three-judge appeals court panel hears oral arguments and renders a decision.
“The place is still open as of right now,” said the club’s attorney Gregory Vella.
Berman’s order was set to become effective March 13, but Vella said closing the club would be an improper denial of freedom
of expression. He said there are no alternate and reasonable sites in the surrounding area for this type of use.
“Our argument was that the statute that would prohibit us from operating is not constitutional,” Vella said. He said there is no alternate means of communication for this protected form of expression.
“That statute is only constitutionally effective if you’re able to prove that there are reasonable alternate sites.”
The borough disputes the argument that there are no alternative sites. According to Borough Attorney Judy Verrone, Susan Gruel, a licensed planner, testified in court on behalf of the borough, noting various locales in the area where this type of use is permitted.
Vella said, however, that Jason Kasler, also a licensed planner, testified that there are no reasonable alternate sites.
Vella, who said it is not yet known when the case would be back in court, questioned the validity of locations the borough’s witness cited as reasonable. Among those, he said, were the Anheuser Busch facility in Newark, existing warehouses that are thousands of acres in size, and oil fields in Woodbridge and Staten Island. He said the nightclub’s use is illegal under state statute at those locations, and added that the suggested facilities are much bigger than the current business, which operates in a roughly 2,000-square-foot facility.
Vella said the club’s owner, who faces related charges in a criminal case from the Middlesex County Prosecutor’s Office, is not aware of any problems that the police department had with Club 35 since police issued complaints against the club in November 2007. The Colosseum nightclub that operated on the site until that time was the site of several violent incidents that led to a 60-day suspension of the club’s liquor license. The suspension would only take effect after the business operates for 30 days as an establishment that sells alcohol.
The nightclub changed its format and renamed itself, ceasing its sale of liquor in favor of operating a strip club that permits patrons to bring their own alcoholic beverages. Vella noted that patrons are allowed to bring beer and wine, but not hard liquor.
Since the change, Vella said that there have not been any incidents at the site that would be considered a detriment to the town or the neighborhood.
Attorney Thomas Abbate of the Teaneck based law firm DeCotiis, FitzPatrick, Cole & Wisler is handling the civil case on the borough’s behalf. He said the appellate court judges will examine the trial record in more detail before hearing oral arguments, and since the court is giving the case accelerated treatment, a decision could be made in a few months.
If the appellate court decides to rule in the borough’s favor, the club could attempt to gain another stay from the state Supreme Court. However, Abbate said that would be more difficult for the club to be granted that stay of judgment.
“The higher you go, the more difficult it becomes to get anything done,” Abbate said. “… In regard to the constitutional issues, really the courts have said that nude erotic dancing is not entitled to very much First Amendment protection at all.”
Fire causes minor damage
Club 35 was the scene of a recent accidental fire that caused minor damage to the roof area of the business at 6:45 p.m. March 9.
Borough Business Administrator Jeffry Bertrand said a passing motorist reported the fire to authorities. Kirk Miick, the borough’s head construction official and director of code enforcement, said that a circuit breaker blew since neon lights on the exterior of the property were reportedly wired without permits. He said that a transformer was covered improperly, causing a minor fire.
“It was extinguished when I got there,” Miick said.
While the second floor was closed for the night, Miick said the borough did not fine the business, which has improved its electrical system since the incident.