Mascot ban upsets store

Liberty Tax Service owner takes zoning case to court.

WEST CHESTER TWP. — A business owner says the township’s zoning codes are hurting his business.

Kyle and Lorraine Garth, owners of Liberty Tax Service on Tylersville Road are not allowed to use a live Statue of Liberty mascot outside their store. Live people dressed in cartoonish Statue of Liberty robes and crowns are used to draw attention to Liberty Tax stores throughout the area and have even marched in the Opening Day parade for the Cincinnati Reds. The township’s zoning codes forbids the Garths from using the mascots outside their store and fines then $500 if they do.

“West Chester Twp. deems (the Statue of Liberty mascot) as a sign, but it’s not a sign,” Kyle Garth said. “I’ve gone through the process to get a variance but they aren’t willing to work with us at all.”

Garth said he’s offered to take any indication the mascot is related to Liberty Tax Service, like a sash or sandwich board, off the costume, but township officials still wouldn’t allow it.

Garth had a hearing with the township’s Board of Zoning Appeals in December, when the ban on the costumed statues was upheld. Garth has taken the case to the Butler County Common Pleas Court and is awaiting a hearing on his case.

Because the matter is an ongoing lawsuit, township officials could not comment on it, said Barb Wilson, spokeswoman for West Chester Twp.

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