The Romantic Video & Boutique store, owned by Union County certified public accountant Jim Restaino, had been scheduled to open on Route 70 at the entrance of a residential neighborhood. Restaino has already filed suit against the township, arguing that the township Cherry Hill is breaking the law because it has almost no land zoned for sexually oriented businesses, which are protected under both the federal and state constitutions.
The council’s new measure would open up more land in the township’s industrial zone along Interstate 295 and the New Jersey Turnpike to adult shops, according to Warren Faulk, a 1st Amendment lawyer hired as a consultant by the council.
Cherry Hill already restricts sexually oriented businesses to an industrial zone, but the current ordinance also prohibits such stores from operating within 1,000 feet of a residential area. This essentially prohibits adult stores from opening in virtually every Cherry Hill area.
The new ordinance would remove the 1,000-foot restriction, and permit sexually oriented businesses to operate in a roughly 1,500-acre area. Cherry Hill Mayor Bernie Platt said he believes the new measure will counteract Restaino’s lawsuit.
“I think if it’s away from the residential areas, then that’s a good thing,” said resident Karen Janney, who manages a website that opposes the planned adult store. “I’m not happy with it being in Cherry Hill, but it’s at least better than what’s happening now.”
Due to pending litigation, attorneys for both the township and Restaino declined to comment on the case.
