PORTAGE — The owner of a Portage Borough adult entertainment club is suing the borough and 10 officials for $11 million.

Club owner Gary Vaughn is suing the borough of Portage, all five council members, Mayor Robert Fox, Borough Manager Robert Koban and two police officers, claiming a borough ordinance banning nude performances violates his right to operate his business.

He says the ordinance makes it illegal for adults living in the borough “to admit any other person to premises whereon there is exhibited a motion picture show, live performance or any other presentation which … depicts nudity” or other sexual content.

“This would seem to have the chilling effect of preventing anyone with guests from watching Rated R movies within the privacy of their own home,” Vaughn wrote in the lawsuit.

Bodies in Motion Lounge opened Aug. 3 on Main Street, and Vaughn concedes the borough has not cited him under the ordinance.

“They haven’t attempted to enforce the ordinance,” he said. “That doesn’t mean at any point in time they can’t choose to enforce it. I’m just trying to beat them to the punch. I’m trying to get a federal judge to unconstitutionalize it.”

The lawsuit asks for $1 million in punitive damages from each of the parties named: The Borough of Portage; Koban; Fox; council members George Wozniak, Bruna Kissell, Ronald Cadwallader, Bret Kinley and David Hayes; police Chief David Rosamilia; and officers Ethan Yohn and John Branick.

Asked about the amount requested, Vaughn said. “You always ask for that money.”

Vaughn filed the lawsuit himself, without engaging a lawyer. Somerset attorney Matthew R. Zatko represented Vaughn when he was preparing to open the lounge, but said last week he has no involvement in the lawsuit.

“I didn’t advise him,” Zatko said.

The lawsuit was not mentioned on Monday during Portage Borough Council’s regular meeting.

Asked for the borough’s reaction, Solicitor Michael Emerick said he hadn’t read the lawsuit.

“I’m not going to comment,” Emerick said.

Copyright ©2025— Trib Total Media, LLC (TribLIVE.com)