Excerpts from attorney Johanna Hutchins’ 11/5/110 letter to Council
We urge you to vote “No” or to table the proposed Ordinance until a solution can be reached to resolve most of these issues…
One reason why you should vote “No” on this ordinance is that it is unconstitutional because it targets only one business in the entire city. Although the Ordinance refers to dance halls and roller rinks, there are no other licensed roller rinks in the City of Norwood except the Fun Factory. We have learned that there are no licensed dance halls in the City of Norwood. Therefore, the Ordinance it not only targeting one business, but it is written to appear, in an artificial manner, to refer to several businesses. Any ordinance passed by any government in the United States which targets only one individual or one business is unconstitutional. This law has existed since our Nation’s constitution was written.
The Ordinance is unconstitutional because the Fun Factory is already a licensed, authorized business in the City of Norwood. Norwood is already monitoring our business through license and is receiving annual license fees from the Fun Factory. The licensing rules already in place clearly state a roller rink my operate between 11 p.m. and 8 a.m. as long as security guards are hired. Scott Winter always hires Hamilton County Sheriffs as security personnel any time there is a late hour event. The point is that Norwood’s Ordinances clearly allow late night skating. The proposed Ordinance would conflict with existing ordinances.
The Ordinance is also unconstitutional because the Ordinance refers to the gathering of large groups of people and “threat of injury due to fire and other Hazards” as the main reason why the restriction of hours is necessary.However, the Ordinance does not show how the fire safety, parking, traffic of noise issue will be improved if the hour restriction were implements. A fire burns just as strong at midnight as it does at 2 a.m. In addition, there is no data that has been presented to Council that identifies a fire safety issue with adult skating parties that last until 2 or 3 a.m. The stated reason for needing the Ordinance is not present. Therefore, the Ordinance does not advance a governmental purpose…
The Ordinance is also unconstitutional because it treats the Fun Factory, which does not serve liquor, differently from all other establishments which service liquor. If a dance is held at the Norwood Community Center, the Moose Lodge, the Eagles Hall, the VFW all, the Masonic Lodge, or the Quality Inn, they would all be allowed to remain open pursuant to the liquor laws until 2 or 3 a.m. This proposed Ordinance treats us more harshly even the Fun Factory does not serve alcohol…
The Ordinance is also unconstitutional because other similar indoor entertainment businesses, such as poll halls, pinball machine businesses, bowling alleys and even adult entertainment businesses (which would not involve nude dancing) are not burdened by the same restriction…
The Ordinance is also unconstitutional because it has been publicly stated that the main purpose of the ordinance it to tie into the present juvenile law. The present juvenile curfew law could effectively address any curfew violations if the juveniles were at Fun Factory after midnight…
One reason why you should vote “No” on this ordinance is that it is unconstitutional because it targets only one business in the entire city. Although the Ordinance refers to dance halls and roller rinks, there are no other licensed roller rinks in the City of Norwood except the Fun Factory. We have learned that there are no licensed dance halls in the City of Norwood. Therefore, the Ordinance it not only targeting one business, but it is written to appear, in an artificial manner, to refer to several businesses. Any ordinance passed by any government in the United States which targets only one individual or one business is unconstitutional. This law has existed since our Nation’s constitution was written.
The Ordinance is unconstitutional because the Fun Factory is already a licensed, authorized business in the City of Norwood. Norwood is already monitoring our business through license and is receiving annual license fees from the Fun Factory. The licensing rules already in place clearly state a roller rink my operate between 11 p.m. and 8 a.m. as long as security guards are hired. Scott Winter always hires Hamilton County Sheriffs as security personnel any time there is a late hour event. The point is that Norwood’s Ordinances clearly allow late night skating. The proposed Ordinance would conflict with existing ordinances.
The Ordinance is also unconstitutional because the Ordinance refers to the gathering of large groups of people and “threat of injury due to fire and other Hazards” as the main reason why the restriction of hours is necessary.However, the Ordinance does not show how the fire safety, parking, traffic of noise issue will be improved if the hour restriction were implements. A fire burns just as strong at midnight as it does at 2 a.m. In addition, there is no data that has been presented to Council that identifies a fire safety issue with adult skating parties that last until 2 or 3 a.m. The stated reason for needing the Ordinance is not present. Therefore, the Ordinance does not advance a governmental purpose…
The Ordinance is also unconstitutional because it treats the Fun Factory, which does not serve liquor, differently from all other establishments which service liquor. If a dance is held at the Norwood Community Center, the Moose Lodge, the Eagles Hall, the VFW all, the Masonic Lodge, or the Quality Inn, they would all be allowed to remain open pursuant to the liquor laws until 2 or 3 a.m. This proposed Ordinance treats us more harshly even the Fun Factory does not serve alcohol…
The Ordinance is also unconstitutional because other similar indoor entertainment businesses, such as poll halls, pinball machine businesses, bowling alleys and even adult entertainment businesses (which would not involve nude dancing) are not burdened by the same restriction…
The Ordinance is also unconstitutional because it has been publicly stated that the main purpose of the ordinance it to tie into the present juvenile law. The present juvenile curfew law could effectively address any curfew violations if the juveniles were at Fun Factory after midnight…
posted by Citizens For A Better Norwood at
9:09 AM
