CINNAMINSON, N.J. – So, where in Cinnaminson do you put a store that sells furry handcuffs and other risque novelty items for adults?

The Township Committee soon could face that question if the owners of Fantasy Gifts keep winning in court.

An appellate court panel last week overturned a ruling that closed the store in the Pep Boys Plaza on Route 130 nearly two years ago.

Fantasy Gifts owner Robert Bertino said the court decision was expected.

“It was very clear cut,” said Bertino, whose family runs a chain of Fantasy Gifts stores across the country. “We should not have been delayed from opening. It was a very poor decision by the lower court judge.”

The lower court ordered the store to cease and desist operations in July 2007, just two days after the grand opening of the business.

Burlington County Superior Court Assignment Judge John A. Sweeney, who since has retired, had ruled that the store owners had failed to get needed permits and other township approvals. In addition, Sweeney said there was sufficient evidence that the business was violating a municipal zoning ordinance that prohibited an adult-use store from operating in the shopping plaza.

The appellate court disagreed and sent the case back to the state Superior Court.

The appellate court stated that Sweeney had wrongly relied on the generalized notion of “common sense” to determine that the ordinance served a substantial government interest.

“Because these businesses and activities tend to be viewed by the public with disdain and apprehension, a reviewing court must be vigilant to guard against the use of the power to zone that serves only to pander to mere prejudice,” the court decision stated.

Township Solicitor John Gillespie said he believes the appellate court erred when it ruled that the municipality doesn’t have a substantial government interest in blocking certain businesses from moving into its redevelopment zone. He said a federal court previously had ruled that a municipality could prohibit a church from being constructed in a redevelopment zone.

“If some court gives adult-use [businesses] greater protection than churches, then we got bigger problems,” Gillespie said. “We have the right to exclusively reject all kinds of businesses, bowling alleys, tattoo parlors, check-cashing [businesses] + in the redevelopment zone.”

Regardless of the ruling, Fantasy Gifts won’t get a green light to reopen anytime soon.

Gillespie said there’s still the issue of the store owners’ failure to get the proper building and zoning permits. Furthermore, Gillespie said, he doesn’t believe all the store’s novelty items are protected under the First Amendment.

Fantasy Gifts specializes in erotic and risque gifts for adult men and women – including lingerie, sex toys, books, games and novelties.

The company was established in a Minneapolis mall in 1980 by the Bertino family and has 12 stores, including two in South Jersey.

Robert Bertino said he believes the township’s argument against his family’s business is off base.

“I’m not the type of store that qualifies for adult use in Cinnaminson’s ordinance or in state law,” Bertino said. “We’re a retail store. There are no video booths or anything like that. We’re a retail store for adults.”

He said the store’s customers come from all walks of life and pose no threat to the community.

“I see the women and couples that come into our store, and they’re not a threat,” Bertino said. “I think the pursuit of my store was purely political. It’s insulting to our customers. It’s insulting that they’ve delayed our opening.”

If it’s up to township officials, that delay will last a lot longer.

“We will exhaust every legal remedy,” Committeeman Anthony Minniti said. “This discussion is not over. This battle has just begun.”

The council plans to discuss whether to seek a state Supreme Court review of the case or return to Superior Court to make its argument against the business moving to the Pep Boys Plaza.

Minniti said the appellate court’s decision is frustrating.

“It’s disheartening to see the court take such an activist position and try and override our community’s economic development vision,” said Minniti, who serves as the township director of economic development.

Besides, Minniti asked, why didn’t the Bertinos open up shop in their own town?

“The Bertinos are from Moorestown,” Minniti said. “If they want to open up a new store, then why not open up a store on Main Street in Moorestown? It would be close to their home.”

Running the business “out of the community or making it move to an industrial park or under a water tower” is not an option, Bertino said.

“Those days are over,” he said. “You can’t have this knee-jerk reaction because you believe I’m some purveyor of something sordid. We’re just a retail store.”

The Bertinos said they are prepared to fight to the end.

“We’ll go to the Supreme Court,” Bertino said. “We’re in our 30th year in business. We know our [legal] position.”