Adultland XXX in Pulaski Township is open and plans to stay that way — with the blessings of Commonwealth Court.

The adult-themed business, located on Route 422 in Pulaski Township, prevailed in the state appeals court. Seven of the nine judges heard arguments Oct. 15 and Wednesday ruled in favor of Adultland XXX.

The township supervisors are considering their options, which include appealing the ruling to the state’s supreme court.

“They said as we felt all along, there were due process violations,” commented Pittsburgh attorney Joseph Moran, who represents Adultland XXX owner Eric Boron.

“The (township’s) ordinance did not give proper notice to (Boron) on what he must do to follow the law.”

In addition to establishing when an adult-themed business may operate — from 8 a.m. to 10 p.m. Mondays through Saturdays — the ordinance requires such businesses to be closed on Sundays and legal federal and state recognized holidays.

“But the statute did not refer to specific days to close, did not clearly define what a state-recognized holiday is and did not identify how anyone is to determine the meaning of state-recognized holidays. That has been our position all along and the court agreed.”

Moran pointed out the ordinance used what he called an old banking schedule, which he said listed 35 to 38 holidays plus every Saturday afternoon. Flag Day, Moran said, is recognized as a holiday only in Pennsylvania.

“It is not included in the (Pennsylvania) Liquor Code as an official holiday, most courts are open on that day and it is an optional holiday under the banking statutes.”

Moran said it was clear from the start that Boron had tried to comply with Pulaski Township’s ordinance, which was enacted in 2000.

After being cited for remaining open on Columbus Day 2005, Moran said, Boron, a resident of Salem, Ohio, hired a lawyer to research holidays. A list was found and posted at Adultland XXX. The business was closed every day listed, he said. But the list did not include Flag Day.

“He opened and the police came calling,” Moran said.

Since this constituted the second violation in a 12-month period, Boron’s business license was revoked.

Moran said the revocation was appealed to the township supervisors.

On May 29, 2007, the supervisors affirmed the police action. Under terms of the ordinance, the business must close for a year. However, the ordinance allows the business to remain open through the appeals process.