Real Estate & Property Law
Restaurant Sex Violated Permit, Pa. Appeals Court Says
Posted May 6, 2008, 01:50 pm CDT
By Martha Neil
Live sex between patrons is not an accessory use permitted under a Philadelphia restaurant permit, a divided Pennsylvania appeals court has ruled.
"The majority said sexual activity was not subordinate to dining at Club Kama Sutra because the establishment's pricing structure seemed more in keeping with that of a sex club than that of a traditional buffet-style restaurant," explains the Legal Intelligencer.
Couples were charged $100 on Saturday nights and $75 on Friday nights, while single women paid only $25 on either night and single men, who were only allowed on Friday nights, were charged $100. Sex between patrons reportedly occurred in one specific area of the restaurant.
As Judge Renée Cohn Jubelirer puts it in the Commonwealth Court of Pennyslvania majority opinion, "This pricing structure seems geared more toward maintaining a felicitous gender balance for the operation of a swingers' club than to the operation of a restaurant."
The ruling, which upholds decisions by a trial court and the Philadelphia Zoning Board of Adjustment, also found that sex between patrons is not a customary restaurant activity.
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