Closing Arguments at the Borscht Belt Deli ZHB Neon Sign Hearing

Mack's Newtown Voice

As reported in the Newtown Patch: In arguing the township's case before the board, Township Solicitor Dave Sander asked the zoning hearing board to uphold the law and to reject the appeal. “This is a zoning case limited to a sign that is neon that appears in the front window of a business in the township. A complaint was received by the zoning officer. She investigated it. She saw what she believed to be a violation of the sign ordinance. “The sign is what it is,” said Sander. “It is a neon sign that’s hanging in the front window and it violates the zoning ordinance. There’s no question about that. The issue that there are other (neon) signs (at other businesses in the township) is not at issue here. "The appellants have made this a case of disparaging treatment, of singling this business out based on content because it is a Jewish deli. It’s being made into something that’s much more suited for argument before the federal bench. This is a very simple case. This is an illegal sign. This person was cited. Others were cited and are now in compliance ... So let’s not go down the rabbit hole of selective enforcement and antisemitism and content-based enforcement.” Sander asked the zoning board “to focus its decision and first hold that it was not timely filed based on the paperwork filed, but secondly, the sign is in violation of the zoning ordinance and the zoning officer issued a true, correct and proper enforcement notice.” “There has been selective enforcement of this zoning code in that there are examples throughout this township that have allowed these neon signs to exist,” argued Alan Nochumson, the Borscht Belt's lawyer. “We’re asking that the board stop any kind of monetary fines because of this selective enforcement. “It’s an either-or scenario," said Nochumson. "Either you prohibit every single neon sign or you allow every single neon sign in the township. You cannot condone this activity that has been perpetrated by this zoning officer who has turned a blind eye to other people because of the content of the speech.”