Philadelphia – from www.philly.com- Philadelphia’s last surviving, Market Street porn theater won’t be able to add any more exotic dancers or private booths a Commonwealth Court judge ruled in a written decision issued today.

In explaining her reasoning, Judge Bonnie Leadbetter wrote that the city’s Zoning Board of Adjustment had erred when it gave the Forum Theater, on the 2200 block, permission to enlarge and modernize its operations because the owners hadn’t proved the existing zoning caused them to suffer economic hardship. Her conclusion also reversed an earlier decision by Common Pleas Court Judge Gary DiVito.

Leadbetter’s ruling was a big victory for the Center City Residents Association, which was outraged when the zoning board gave the porn theater permission to expand. The theater would normally be an illegal use in that Market Stret location, but its existence predates the current zoning laws.

“Why should the city help this guy expand? Let him struggle economically,” said Adam Schneider, CCRA president. “He never proved hardship. His only hardship was that he couldn’t rent the second floor. Of course, he couldn’t rent it. There’s a porn theater on the first floor.”