The Jefferson board of adjustment approved an administrative review by building and zoning officer Chad Stevens that determined a drag queen bingo event held at The Centennial last May 3 was not in violation of the city’s zoning ordinance. The decision followed a hearing Oct. 3 at which 16 persons spoke.
The review was requested by Izaak Wangler, who lives three miles south of Jefferson and is pastor of Abundant Life Ministries in Jefferson. Wangler said The Centennial, located at 100 E. State St, is within 500 feet of a residential district, and that the city’s zoning code prohibits adult amusement in that space.
According to Wangler, Jefferson zoning regulation defines “adult amusement” as any entertainment with “an emphasis on material depicting, describing or relating to specified sexual activities, or specified anatomical areas, or which features topless dancers, exotic dancers, strippers, male or female impersonators, or similar entertainment.”
He said Stevens’ decision that the event was not a zoning violation was based on “a misrepresentation” of zoning regulations, and that any one of the items listed would create a violation.
Stevens said a memo written by city attorney David Morain provided the basis of his decision not to uphold Wangler’s complaint.
Stevens said The Centennial, which is owned by Why Not Us?, is a conforming restaurant and event venue. Stevens said he interviewed several persons who had attended the event and determined that Wangler’s complaint was based on assumptions, not direct observations, as Wangler was not there. He said he was told there was no nudity, partial nudity, simulated sex acts or perceived sexual activity.
From what Stevens was told, the drag queen bingo was theatrical or artistic and similar to things that likely had taken place at History Boy Theatre while that venue was in operation.
The board of adjustment listened to 36 minutes of comments from 16 different people. Jen Badger, who owns businesses just two doors east of The Centennial, said she has attended several drag events and that they’re centered on fancy costumes, make-up and wigs; that the zoning ordinance is overly broad; and that the ordinance is written for permanent businesses established only for that use.
“Our community has always celebrated freedom of expression, from school spirit to theater, stage and beyond. To single out drag is selective enforcement, not law,” Badger said.
Gary Goodwin, who lives west of Jefferson, first said “nobody’s saying you can’t have a drag show,” but went on to say that ordinances were set in place by “our forefathers, by people who had experienced some things. They set some boundaries, and there’s nothing wrong with boundaries.”
He went on to say that when he was growing up in Jefferson there were three strip joints on the downtown square, and nine bars within one-quarter mile of the Lincoln statue. “Somewhere along the way the leaders said, ‘We’ve got to clean this up. This isn’t good morality for our community, our kids, our businesses, or people who might want to come live here’… so they put some buffers in.”
He said Stevens is not an expert on the law, but did say city attorney David Morain is an expert. He went on to say he’d take “with a grain of salt” what Stevens said. That was prior to Stevens saying he had used Morain’s memo as a basis for his decision.
Despite having different opinions, all those at the hearing were courteous and respectful throughout, and each waited to be recognized by board of adjustment chair Amanda Bills before speaking.
After hearing from all those who wanted to comment, Bills closed the public hearing. She questioned whether the zoning ordinance refers to permanent businesses only or to occasional uses of commercial venues. Stevens said he thought it referred to permanent businesses.
Board members had received copies of the memo Morain had provided to Stevens. Morain attended the hearing but did not speak except to instruct board members of their options: they could approve or deny Stevens’ decision, or they could wait as long as 30 days to make a decision. They would not be able to discuss the matter with each other until the next meeting, if they that was their decision.
Karen McCoy asked what the penalty would be if the board denied Stevens’ decision, in essence saying there had been a violation of the zoning code. Morain said he didn’t know at this time what enforcement would be.
Board member Jed Magee, a retired attorney, made a motion to deny Wangler’s appeal and approve Stevens’ decision. Board member Kevin Devilbiss seconded the motion. Magee, Bills, Devilbiss, and board member Kathy Calvert voted in favor of the motion.
Board member Jeff Lamoureux abstained, saying it was only his second meeting as a board member and that he had been back and forth on the issue “more times than a Russell Park pickleball.” He said the zoning code was written vaguely and he didn’t know if he could make a decision even in 30 days. He said the code is “muddy water” and that the council should look at it. The hearing was livestreamed and recorded by Sebourn Video Services. It can be viewed on Sebourn Video Service’s Facebook page.
