Cherry Hill, NJ- The township council unanimously approved an ordinance Monday night to create four special zones in Cherry Hill for sexually oriented businesses, despite opposition from people who live, work, worship and go to school in or near the areas.
The measure allows adult establishments in four commercial sections:
Between Interstate 295 and the New Jersey Turnpike near the Woodcrest Shopping Center on Haddonfield-Berlin Road.
Along both sides of Old Cuthbert Road between Route 70 and Chapel Avenue.
The west side of Olney Avenue, generally between Keystone Avenue and Esterbrook Lane, in the commercial/industrial park.
Along both sides of Astoria Boulevard behind the Commerce Bank building on Route 70.
Every councilmember said they wished they could completely ban such businesses from the township, but explained the state and federal constitutions prevent them from doing that.
“We are just forced to face the fact that we are going to have to provide a zone,” said Councilwoman Joyce Kurzweil.
The measure is in response to business owner Jim Restaino’s lawsuit against the township in state Superior Court. Restaino, a Union County accountant who owns Romantic Video & Boutique on Route 73 in Mount Laurel, wants to open a similar adult video and sex toy shop on Route 70.
He sued after the township rejected his application to open the store at the state highway and Kenwood Drive at the entrance to a residential neighborhood. The lawsuit accuses Cherry Hill of restricting sexually oriented businesses to the point where there is next to no place they can operate.
Restaino’s lawyer, Dennis Oury of Hackensack, did not return calls seeking comment.
At Monday’s meeting, representatives of the Cherry Hill Korean Presbyterian Church, Charleston Civic Association, Cherry Hill Rollerskating Center and Cherry Hill Business Park, which includes such businesses as the Goddard School and Children’s Discovery Museum, condemned the ordinance.
“Such an establishment is an affront to the moral convictions and ethical foundations we seek to instill in our youths,” said David Chun, a senior pastor at the Korean church at Old Cuthbert and Deer roads.
Alexius Steinman said Restaino should be allowed to open his Romantic Video & Boutique at the Route 70 location. “By putting it in a safe area, you’re going to attract safe clientele,” said Steinman.
Steinman, who frequents Restaino’s Mount Laurel location, described the store as “very clean, very tidy, well lit and well staffed,” which makes female customers such as herself and other responsible adults who like to experiment sexually feel comfortable. Put these stores in industrial parks and on back roads and the result will be less desirable people, she said before the meeting.
Superior Court hearings on the legal motions related to Restaino’s lawsuit have been delayed two times this month and now won’t be considered until at least Jan. 19, said staff for Superior Court Judge Francis Orlando, who presided over the initial three-day hearing in June.