York, Pennsylvania- Police have withdrawn 13 citations filed against the owner of a Lower Windsor Township strip club and 12 others accused of allowing too many people to drink alcohol while nude dancers performed.

Lower Windsor Township Police filed the citations in May, claiming that Cashmere Social Club owner Donald Klunk and 12 others working in the club violated a state law that prohibits more than 20 people from drinking alcohol while nude dancers are performing.

The citations, which were issued about 10 p.m. on May 13, were withdrawn on Aug. 24, according to the office of District Judge Douglas Meisenhelter.

Police Chief David Sterner said his department took the action because in July the federal Third Circuit Court of Appeals struck down a state law regulating “lewd, immoral or improper” entertainment at businesses that serve alcohol.

The appeals court noted that those terms are too broad and infringe on free speech, according to The Associated Press.

“I’m not saying we still couldn’t have taken it to court and made a valid argument,” Sterner said. “(But) I don’t feel it’s proper to follow through with these citations knowing this ruling is out there. … Ethically, it wouldn’t be proper for us to proceed.”

Klunk said he was happy with Sterner’s decision.

He said his East Prospect Road club is well run and that he has made every attempt to keep it discreet and not problematic for neighbors or the community.

He provided a tour to The York Dispatch on Friday, stressing that he tries to soundproof the club by putting heavy covers on the windows and blocks off the outdoor smoking area of the club from view.

“Cashmere hosts adult dancing as entertainment and those who view it as other than that need not come, but the ones who like it now have a choice — This is America and we live for choice,” he wrote in a statement.

People entering the club are charged a $10 entrance fee, which covers the cost of using the facility and cleaning up people’s messes, Klunk said. He maintains he hosts private parties at the club, although in June he said they are open to the public.

The raid followed about four weeks of investigation into the club, which township officials said is not supposed to be open to the public.

In March, the township’s former zoning officer denied the club a “use permit” on the grounds that the use — being a strip club — violates township zoning.

Since then, the township’s zoning hearing board has held a series of testimony sessions to decide whether to uphold or reverse that decision.

Zoning fight: At issue has been whether Cashmere Social Club’s use as a strip club should be “grandfathered in” under zoning restrictions enacted in 2003 after plans for the club were submitted to the township by Klunk.

Klunk has said he avoided using the terms “strip club” or “nude dancing” on subdivision and land-development plans for the building because “social club” was more discreet but covered those uses.

However, Lower Windsor Township is trying to show that the identification purports a different purpose than a strip club, and therefore its use for adult entertainment isn’t grandfathered in.

Klunk is also planning a 14-bed rooming house above the club, which he said would be used by his entertainers and visitors who need a place to stay.

He said the township is treating him differently than it would if he were a different type of business.

“If this wouldn’t be a strip club there wouldn’t be a question,” he said.