The city manager, Dennis Kelly, let me know that NBV did respond with the intent to fight the lawsuit presented by Scott Greenwald. In many ways, it's a nuisance lawsuit, claiming that under the first amendment the city does not have the right to enforce buffer zone and other restrictions on commercial establishments offering sexually explicit entertainment.
The argument is absurd. The federal courts have found time after time that the cities have the right to restrict zoning to certain buffer zones - distance from schools, churches, parks etc. - and the plain fact is the property at 1415 JKF Causeway does not comply. It's across the street and within 500 feet of a child care center, a school and a religious congregation. The plans submitted were not evaluated for traffic impact, public safety impact or consistency with the city master plan.
The lawsuit is a feint, a fake move designed to intimidate the city. It amazes me that Greenwald has the cash to pay lawyers when he can't pay his property tax bill.
The city needs to fight back, vigorously, and we need to make our voices heard.
There's more that should happen. It's clear that Scott Greenwald does not have the city's interest at heart. He doesn't pay his taxes. The commission should remove Greenwald from all city boards at the next meeting. He brings nothing to the table.
Greenwald is the city's landlord. He got the contract in a corrupt and underhanded deal by agreeing to an illegal commission scheme for then commissioner George Kane. The usually toothless Commission on Ethics could not avoid that one and found substantial violations that resulted in Kane being ordered to repay the money to the city.
The city should ensure that Greenwald has paid the taxes on the parcel he is renting to the city, and if not, break the lease. Just leave. We had a far better space before this welfare move and it never should have happened.
Greenwald has chosen to take a degrading and exploitative path as his civic contribution. His right to do so does not include the right to be respected for it and the city should make it loud and clear, using all available legal means, that Greenwald's decisions have consequences.
Kevin Vericker
April 24, 2012
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