An Allegheny County judge's decision will allow expansion of a Downtown strip club to move forward over the objections of the Pittsburgh Cultural Trust and Pittsburgh Public Schools as they appeal a zoning decision.
Common Pleas Judge Joseph M. James on Thursday denied a request to stay the June decision of the city's Zoning Board of Adjustment that would allow Blush, 135 Ninth St., to expand into a vacant building at the corner of Ninth Street and Penn Avenue. The Pittsburgh School for the Creative and Performing Arts is near the club.The agencies filed an appeal two weeks ago of the zoning board's decision and wanted James to block any expansion while the appeal made its way through Common Pleas Court.
The appeal is pending. James' decision means Blush can proceed with the expansion for now, but the judge warned that club owner Albert Bortz "builds at risk." If the appeal of the cultural trust and school district is ultimately successful, Bortz's expansion could be dismantled.
Lawyer Jonathan Kamin, who represents Blush, said he was pleased the judge ruled in the club's favor. Kamin said it likely would advance with expansion plans.
"We're disappointed they appealed, and we're disappointed we haven't been able to work anything out. We're expanding 3,000 square feet. That's it. We're not talking about 100,000 square feet," Kamin said. "Adult entertainment has been there since 1961. It's a little disingenuous to say we're hurting the neighborhood. We've agreed to make it as discreet as possible. We've gone above and beyond what's required to be good neighbors."
The 45-page appeal from the cultural trust and school district states the city's board violated zoning laws and ignored evidence in allowing the strip club to expand.
Lawyer Ira Weiss, who represents the school district, believes the expansion of the strip club will cause problems for CAPA. He said the school puts on hundreds of evening performances there throughout the year.
"Some of our students have been propositioned by patrons there," Weiss said. "We don't believe schools and strip clubs mix."