Solicitor: Planned Zelienople drag brunch doesn’t violate ordinance
A drag brunch, planned for Sunday, May 21, at a Zelienople restaurant, is not a violation of the borough’s ordinance relating to lewd or offensive material, according to review by the municipality’s solicitor.
The decision was outlined in a memorandum issued by Bonnie Brimmeier, the borough’s solicitor, to council members, borough manager Andrew Spencer and police Chief James Miller. It is posted on the borough’s website.
A slew of negative messages about the event could be found Thursday, May 18, posted on the website of Burgh’ers, the restaurant hosting the event.
Fiore Moletz, one of the owners of Burgh'ers, said the restaurant has received criticism for planning the event, which he called “unbelievable hate.”
“The outrage is honestly mind-blowing to me,” Moletz said. “From phone calls we've been getting, it just seems like an uneducation about what a drag show is.”
The memorandum, dated May 11, from Brimmeier said she reviewed the event and the borough’s ordinance on lewd or offensive materials, and found that the brunch does not fall under the definition of obscene, and can proceed as planned.
“The event as presented involves singing, dancing and costumes; not nudity or sexual acts,” the memorandum said. “The ordinance and case law specifically state that it is not intended to prohibit any matter, when considered as a whole and in the context in which it is used, which possesses artistic value.”
According to the memorandum, the review was prompted by a letter sent May 11 by James Hulings, of Harmony, a former borough council member.
“I live in Harmony. It’s a quiet, laidback community and the website for this organization is a Canadian organization, and it has some pretty — I would say — untraditional things that I wouldn’t want to bring to our town,” Hulings said. “This is a very historical, traditional place.”
Hulings said he sent a second letter of concern after the Brimmeier’s decision, asking for further investigation into the matter.
“I don’t understand their interpretation,” he said. “In Allegheny County, they’re a little more liberal down there. Here, it's out of place.”
Spencer told the Eagle that the posted notice is the borough’s official response to the challenge to the ordinance.
Miller said the police department has been made aware of the event and a potential protest of it Sunday.
“We know about their event we're going to be keeping an eye out there,” Miller said.
Although there are some negative messages about the brunch, there are also many supporting it and the business, Moletz said. Moletz said planning the brunch was a way to not only get people to the restaurant for a fun time, but also to spread a message of acceptance.
“It’s a private ticketed event,” Moletz said. “Come if you want to, don't come if you don't want to.”
Eagle staff writer Irina Bucur contributed to this report.
