BOROUGH OF SAYREVILLE VS. 35 CLUB, L.L.C. ET AL.
A-3537-08T1 9-17-10
Defendant operated a sexually oriented business featuring
live nude erotic dancing. Applying N.J.S.A. 2C:34-7 and the
licensing requirements of the Borough's local ordinance, the
trial court permanently enjoined defendant from operating this
business at this location. The court also ordered that the
injunction be recorded in the office of the county registrar of
deeds as a restriction on the use of this property in
perpetuity.
Applying the Court's decision in Township of Saddle Brook
v. A.B. Family Center, Inc., 156 N.J. 587 (1999), we reverse.
We also hold that the internet is not a reasonably viable
alternative forum for this constitutionally protected form of
expression. Finally, we disapprove of the trial court's
consideration of Staten Island as an alternative suitable forum
under the test articulated by the Court in Saddle Brook.
Judge Skillman concurs in our decision to reverse and
remand under Saddle Brook, including the rejection of the
internet as an alternative forum, but dissents with respect to
our rejection of Staten Island as an alternative suitable site.
