Zoning Decision On Borscht Belt Neon Sign Expected Tonight

NEWTOWN TOWNSHIP, PA — The Newtown Township Zoning Hearing Board is expected to announce its decision tonight on the fate of a neon sign hanging in the window at the Borscht Belt Delicatessen at the Village at Newtown South.

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 sent the deli 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.

“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," he said. "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.”

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.

“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.”

In a Facebook letter to the community posted on Wednesday, the deli owners are asking its supporters to "make their voices heard" before the meeting, expecting the decision to go against them during the meeting "even though we proved our case by a mountain of evidence.

"The Borscht Belt, a business rich in the history of Jewish culture, is facing potential removal of its signs due to the selective enforcement of an old Newtown Township code," they wrote. "This iconic neon sign holds immense cultural significance and serves as a testament to the rich heritage of our community. However, it is disheartening to note that while The Borscht Belt sign faces scrutiny, the other 108 or so neon signs in local businesses have not been bothered or cited with any violations over the years.

"Now, more than ever, we need to come together and stand up for both the preservation of our cultural heritage and equality amongst other types of businesses," they wrote. "We firmly believe that all neon signs in Newtown should be treated fairly under the law."

The deli is encouraging its supporters to gather at 6:30 p.m. before the 7 p.m. meeting to rally support for the sign.

"We kindly request your presence at this crucial meeting where we will discuss strategies, share our concerns, and unite to save The Borscht Belt sign and other selective enforcement issues the township has rendered against us ... It would be greatly appreciated if you could bring any signs or materials expressing your support for this cause," they wrote.