Schad v. Borough of Mount Ephraim

PETITIONER: Schad
RESPONDENT: Borough of Mount Ephraim
LOCATION: Indiana State Employment Security Division

DOCKET NO.: 79-1640
DECIDED BY: Burger Court (1975-1981)
LOWER COURT: State appellate court

CITATION: 452 US 61 (1981)
ARGUED: Feb 25, 1981
DECIDED: Jun 01, 1981

ADVOCATES:
Arnold N. Fishman - on behalf of the Appellee
Robert E. Levy - on behalf of the Appellants

Facts of the case

Question

Media for Schad v. Borough of Mount Ephraim

Audio Transcription for Oral Argument - February 25, 1981 in Schad v. Borough of Mount Ephraim

Warren E. Burger:

We will hear arguments next in Schad v. Borough of Mount Ephraim.

Mr. Levy, I think you may proceed whenever you are ready.

Robert E. Levy:

Mr. Chief Justice, and may it please the Court:

The appellant in this matter is a business enterprise that commenced its business in the Borough of Mount Ephraim in 1973.

At that time there was a zoning ordinance that was in effect.

The business of the appellant was that it sold at retail books, magazines, and films, and at the same time it operated an enterprise that is referred to as a peepshow operation.

These are booths which are individual booths which have a projector and a screen upon which images can be seen.

Warren E. Burger:

Is this what is euphemistically called an adult bookstore?

Robert E. Levy:

Euphemistically, realistically, and directly, sir, it's called an adult bookstore.

In 1976, some three years after it began this operation, it attempted to expand that operation by having the equivalent of film, or in the same location as the film, in these peepshow booths--

William J. Brennan, Jr.:

Mr. Levy, I should know, but is Mount Ephraim in Burlington?

Robert E. Levy:

--Pardon, sir?

William J. Brennan, Jr.:

What county is Mount Ephraim in?

I should know--

Robert E. Levy:

This is in Camden County, Judge.

William J. Brennan, Jr.:

--Oh, is it in Camden?

Robert E. Levy:

It's in Camden County, sir.

William J. Brennan, Jr.:

Where?

South of the city?

Robert E. Levy:

It is to the south, and, I believe, to the east of the city.

William J. Brennan, Jr.:

Small?

Robert E. Levy:

It's on the Black Horse Pike on the way to Atlantic City from the Camden-Philadelphia area.

William J. Brennan, Jr.:

And a very small borough, isn't it?

Robert E. Levy:

It's a small borough.

It's about 17 miles, I would estimate, from the city of Camden and from the river which divides Pennsylvania from New Jersey.

Potter Stewart:

Would you tell us a little more about Mount Ephraim?

How's it zoned and so on?

Robert E. Levy:

It's zoned, if I understand, sir, in two zones.

It has a residential zone and it provides for both multifamily and single family in a residential zone, and then it has a commercial zone.

The Black Horse Pike, which is the main artery between Camden and Atlantic City, cuts right through the borough.