Town slaps notice on door of W. Babylon strip club

The Town of Babylon Wednesday claimed victory in its fight to close a West Babylon strip club after a federal judge upheld an agreement the club made with the town in which the club agreed to cease its adult operations.

"These establishments do not belong in residential communities," Supervisor Steve Bellone said at a news conference outside the Long Island Cafe Gentleman's Club. "They have refused to get the message, and today the message is loud and clear." Officials then placed a brightly colored "Unlawful Building Structure" notice on the club door.

After a protracted lawsuit over the town's zoning laws - the town tightened regulations to push adult businesses out of residential neighborhoods and into industrial zones - Babylon reached a settlement with the cafe in 2005. As part of the agreement, which was signed by federal Judge Joanna Seybert, the cafe said it would cease adult use as of last November. But it continued to operate as a topless bar after that date, arguing that the settlement was invalid because the town did not go after other adult businesses. The town asked Seybert to uphold the settlement, and on Sept. 17 she wrote that the club had 30 days to cease adult operations.

"Just as a speeding motorist cannot avoid a speeding ticket by pointing to other speeders on the road, [the cafe] cannot escape its obligations under the settlement agreement because other businesses are violating the town code," she wrote.

Cafe attorney Daniel Silver said he objected to the town posting the sign because the cafe has more than a week to make the business non-adult. He said he filed a motion asking Seybert for a stay pending an appeal to the Second Circuit Court of Appeals. "All we're looking for is some equity here," he said.

If the town finds the club is operating as an adult business, anyone inside can be charged with a Class A misdemeanor, town attorney Paul Margiotta said, which can carry a $5,000 fine and up to a year in jail. Silver said the cafe remains open but without dancers.

Roseann Frasson, 44, who lives in the community and has been leading the charge to close the club, called Wednesday a "victorious day for residents." Citing a school bus stop only steps from the club, she said the cafe is "not a place that enhances safety for women and children."

Others disagreed. "It's like watching TV - if you don't like what you see, change the channel," said Sal Lercara, 43. "I'm more afraid of what's going to go in there if they take them out. It could become a biker bar or something."

The cafe owner, who identified himself only as Eddie, vowed to fight the town. "I'm the cleanest place around and I'm being harassed," he said. "The town's got nothing better to do?"