According to the agenda for the Portage Borough council meeting from Monday, work is being done to repeal three ordinances named in a federal lawsuit filed by Bodies in Motion owner Gary Vaughn.
The lawsuit, filed last December, names 11 defendants, including Portage Borough itself, its mayor, borough manager, five members of council, and three members of the police department.
Vaughn said he argues the borough has some "unenforceable and unconstitutional ordinances" dealing with obscene material in Portage.
Monday's meeting agenda said two ordinances restricting a resident to show or watch material depicting nudity will be repealed. It also states another section restricting types of adult businesses in Portage will have three subsections taken out.
Borough officials must advertise the repeal of the ordinances and have a public meeting before they can vote to repeal the ordinances.
Vaughn claims lawyers representing Portage Borough reached out to him about settling the lawsuit outside of court.
If these ordinances are repealed, Vaughn said he will withdraw his lawsuit, including his request for $1 million from each defendant listed in punitive damages.
6 News reached out to Portage Mayor Robert Fox and the law group representing the borough. Both said they cannot comment at this time.
In a statement released by borough manager Robert Koban, he said:
"The Borough has never threatened or attempted to enforce this ordinance against Mr. Vaughn or his business. However, Mr. Vaughn’s complaint has directed the attention of the Borough and its attorneys to review the question of whether the ordinance has been rendered obsolete and unenforceable by court decisions handed down over the past thirty years since its adoption. The Portage Borough Council has voted to advertise its intention to consider and vote upon an ordinance which would repeal portions of Chapter 13, Part Two of the Portage Borough Code of Ordinances. The vote will take place at a future Council meeting.
Mr. Vaughn and the Borough have jointly advised the U.S. District Court that the civil action will be dismissed in the event the Borough Council should vote to repeal the ordinance provisions in question."
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