Monroeville officials are making a list, but it's nothing like the one penned at the North Pole. Instead, they're checking on stores in commercial districts that sell sexually oriented products like sex toys, videos and books.
Selling those items is prohibited under a municipal ordinance that requires that such stores be located in industrial, rather than commercial, districts.
Among the stores mentioned as candidates for the list are Borders bookstore, Sun Coast Video and Spencer Gifts.
Those stores were cited by officials with Ambiance Inc., a Cleveland-based erotic boutique seeking to locate a store in Jonnet Plaza, as offering sexually oriented items. Monroeville revoked building and occupancy permits for Ambiance when zoning officials learned it planned to sell sex products in the plaza, which is in a commercial district.
"I picked out a couple, but I know there are more," said Shelly Kaltenbaugh, Monroeville's zoning officer. "I've been busy with (the Ambiance case). I think what we have to do is see what the outcome is with this. But what we'll probably do is write (the businesses) a letter saying they have to get those items out."
According to a municipal ordinance adopted in 1994, adult businesses can be located only in industrial areas. The ordinance describes adult businesses as those that sell sexually related items, such as videos, books and sexual-pleasure items.
Spencer Gifts in the Monroeville Mall has sold sexual items such as edible lotions and vibrators for more than 25 years, said Carl Tate, assistant manager of the store.
Tate said the store has never had any problems with the municipality or mall officials and plans to continue selling the items. He said no one has contacted the store about being placed on a list because of such items.
Likewise, Jim Shoaf, general manager of Borders in Monroeville, said no one from the municipality has contacted him. Citing company policy, he declined to comment further.
Nikki Critchlow, manager for Sun Coast Video, was unavailable for comment.
Vic Walczak, legal director for the American Civil Liberties Union in Pittsburgh, said an attempt by Monroeville to get existing businesses to pull items from their shelves would violate the Constitution.
"You can't go into a business and say you can't sell this book, or that video, or this sexual aid," Walczak said. "That's unconstitutional. We had a similar situation in Pittsburgh last year with a comic-book store that sold some X-rated videos and X-rated magazines. But the city had to back off. They were running smack into the First Amendment."
Monroeville "can't place censors because they don't like what Spencer or Borders sell," Walczak said.
Ambiance officials will appear before the Monroeville building code committee Monday and a federal judge Dec. 13 as part of its appeal and efforts to open a store in Monroeville. Ambiance also is challenging Monroeville's ordinance, arguing that it infringes on the company's constitutional rights.
The Monroeville Zoning Hearing Board is expected to rule on the zoning issue Jan. 8.
