Two companies that want to build a strip club near the new casino on the North Shore have filed a federal lawsuit against the city, alleging that its process for obtaining zoning permits are unconstitutional.
Pennsylvania Avenue Pittsburgh Properties LLC, which has the right to acquire property at 1620 Pennsylvania Ave., as well as HDV-Pittsburgh LLC, which hopes to lease the premises, filed the complaint yesterday.
They allege that the city's zoning process for adult entertainment establishments is completely discretionary.
HDV hopes to open a "cabaret-style nightclub that would feature live, non-obscene, female exotic dance performance," including clothed, topless and possibly fully nude women, the lawsuit said.
The lawsuit calls the adult entertainment use provisions in the city zoning code "facially overbroad," and alleges that they vest government officials with "unbridled discretion," in permitting or denying the activities.
Under the city zoning code, adult entertainment facilities are only permitted in areas zoned "general industrial," "urban industrial," or in the "golden triangle district."
"There are no zoning districts within the entire City of Pittsburgh where Adult Entertainment uses (whether general or limited) are permitted to locate "By-Right," the lawsuit said.
The building on Pennsylvania Avenue is in an urban industrial district.
The companies are seeking to prohibit the city from further enforcing the adult entertainment use provisions of the zoning code.
The case has been assigned to U.S. District Judge David S. Cercone.