Borscht Belt Deli Loses Neon Sign Appeal In Newtown Township

NEWTOWN TOWNSHIP, PA — The Borscht Belt’s neon sign will have to come down.

On Thursday night, the Newtown Township Zoning Hearing Board voted 3 to 1 to deny the restaurant’s appeal of a zoning officer’s order to remove the sign for violating the township’s sign ordinance.

In issuing its decision, the board did not comment except to read and pass a motion denying the restaurant’s request for relief and upholding the notice of violation issued by the township.

Members Tim Potera, William Wall and Josephine Vlastaris voted to deny the motion. Voting to grant relief was Matthew McCullough. Chairman Paul Cohen recused himself from the vote.

Owners and employees of the Borscht Belt attended the meeting along with about 25 residents from the community who carried signs that touted slogans like, “Equal Rights For Neon Lights" and “Jewish and Proud.”

After the vote, deli co-owner Mike Dalewicz sounded a defiant tone.

"This is not the end. This is a beginning," he said. "We’re not here to be knocked down. We’re here in solidarity and will rise above unjust treatment.

Supporters of the Borscht Belt brought handmade signs to the meeting demanding, "Equal rights for neon lights." (Jeff Werner)

“Tonight is a sad night for justice," he said. "The outcome isn’t what we wanted but it was what we expected. Unfortunately, justice did not prevail, the law did not prevail and righteousness did not prevail,” he said

“I’m just blessed and proud of the people of this community who came out and supported us and I know they will lift us up and support our business,” he said. “The township can keep trying to enforce these codes, they can keep trying to knock us down and fine us unfairly, but we’re going to be a business that’s better than ever.”

Concerning the sign, he said, “We’re going to have to decide what to do about that. We’re considering our options and we’re going to win in our own way."

The owners of the popular deli, which opened here last spring, appealed to the zoning hearing board for relief after the township's zoning officer issued a notice of violation of the township's sign ordinance, which states that “any sign illuminated by inert gas or any form of exposed tubes is prohibited."

In arguing the township's case before the board, attorney 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," he said.

“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 an 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 ... This is a very simple case. This is an illegal
sign," he said. "Others were cited and are now in compliance ... So let’s not go down the rabbit hole of selective enforcement and content-based enforcement.”

Borscht Belt owner Mike Dalewitz argued before the zoning board that the township used "selective enforcement," pointing to 100 other neon signs in the township that had gone unchallenged until the Borscht Belt’s sign was singled out.

Contrary to Sander's testimony, they say neon signs continue to burn in store windows throughout the township without being enforced.

“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.”