Church Sues Owner of PA Sex Shop: An Interview with Jill McDevitt
On the afternoon of June 2, 2008 — a skirmish in the culture war between those who believe in sexual empowerment and personal freedom versus the local West Chester, PA religious establishment, escalated into a full scale legal battle when Jill McDevitt, the owner of Feminique Boutique, an adult sex education/retail establishment in downtown West Chester, was served with legal documents informing her that she was being sued by the powerful St. Agnes Catholic Church and its spiritual leader Monsignor Edward Deliman.
Up until that Monday afternoon this had primarily been a debate waged within the community – with the church and parishioners arguing that such a shop was “corrupting the morals of children” on one side, and supporters of personal freedoms and the American entrepreneurial spirit on the other. No longer just an ideological fight over whether or not people should be able to freely explore their sexuality in the privacy of their own homes and who would seek out educational and retail establishments like Feminique Boutique to help them do that, this latest escalation by Msgr. Edward Deliman is an assault upon the very foundations of American business and the very freedoms of choice we take for granted.
Jill McDevitt played by the rules; going before the West Chester zoning board and obtaining the proper business permits and licensing in order to open Feminique Boutique nearly one month ago – but now Monsignor Deliman is crying foul, claiming that he didn’t know about all this, and now he expects the rules to be changed in his favor – and he apparently thinks that if he makes enough noise about it, that maybe he’ll get his way and be able to chase McDevitt out of town if he gets his lawyers involved.
Diana versus Goliath, perhaps?
I first wrote about this story here last week, which generated dozens of comments from both sides of this fight – but the one voice missing was Jill’s. I reached out to Jill because I felt it important for her voice to be fully heard, and what follows here is our conversation about this entire sad situation.
Nina Aoki: Why don’t you start just by bringing me up to date with what’s happened? I understand that you’ve been served legal papers and that you’re being sued. Can you tell me who is suing you and on what grounds?
Jill McDevitt: St. Agnes church is appealing the building permit that I was issued which gives me the right to operate a business in the borough of West Chester. Their complaint is on the grounds that my shop is in violation of the “adult entertainment/adult book store” zoning ordinance. Residents apparently have 30 days to appeal, and my permit was issued on March 31st 2008 — however the church claims that they didn’t know about their right to appeal until past the deadline, which is false because I had signs visibly posted before that date clearly stating what the business would be… and the Monsignor who is now leading this fight has been quoted in the papers as saying that he’s never actually been in my shop but that he knew that it was a “sex shop”… don’t ask me how.
Nina: That would be Monsignor Edward Deliman correct?
Jill: Yes
Nina: I’m a bit familiar with how public government works, and I would think that it would be fair to assume that the borough of West Chester has to publish their meetings and schedule in the local newspaper? And one would logically conclude that your application would have been in that published record as well? Is that a fair assumption? I guess my question here is: You followed the rules, correct? And now the church wants to redress this issue by basically making a lot of noise and dragging you into court after the fact?
Jill: I definitely followed all the rules and went about it the same way as any other business would. I filed all my papers, and there was originally a roadblock with the borough at first because they thought that my shop fell in the category of adult entertainment as it is set out in the code… My attorney helped them see otherwise and we (me, my lawyer, zoning officer and borough solicitor) came to an agreement of how I could operate… no nudity — The code describes adult entertainment essentially as a strip club… so, no live bodies for display to titillate…which I obviously do not do. Once that was set, I was issued my proper permits and opened shop. As far as I know, this is all public record. I don’t know if it was published.
Nina: Okay — well lets get some things clear for the record. Does your store Feminique Boutique sell any materials (DVD, Books, Magazines) which would fall under the category of pornography?
Jill: Not at all.
Nina: So what exactly are you selling in your store, because from everything I’ve read and heard quoted, nothing in your store comes close to being considered an Adult Entertainment venue or a pornographic bookstore.
Jill: That’s exactly right. In the front of the store there’s a seating area with couches and coffee tables where I host private seminars on sexuality and relationships. There are two racks of lingerie, two shelves of games including “naughty dice”… foreplay card games, a box of fake scented rose petals and so on. There is one shelf of lubricants, one large case of various edible body products… edible massage lotion and the like. There is also a large case of massaging products, lotions, shaving cream, perfumes. On the counter with the register there are some samples…. up a step and through a door is a small table with some fur paddles, feathers, and satin eye masks. Hanging from the walls are some vibrators… on the other end of the counter I sell breast cancer fundraiser t-shirts that have two baseballs where the breasts would be and the words “save 2nd base” across the front, 50% of the proceeds are going to a local cancer charity… we will be getting more t-shirts soon.
Nina: This all sounds very vanilla to be quite honest with you. And as I wrote in my original post, from everything I read it really sounded as tho everything in your store was pretty tame by comparison — I mean, it isn’t like walking into a Babeland or a Good Vibrations from what it sounds like!
Jill: Well I’ve never been to either of those retailers, but yes, it’s quite vanilla, to use your phrase… which is my intention.
Nina: So walking by your store, what would the casual passerby first notice? What do people see?
Jill: People walking by see a Baby pink wooden facade with chocolate brown awning and shutters and pink and brown ribbons dangling over two small windows, of which are akin to what you would see on a cottage with the little square window panes about four feet from the sidewalk.
Nina: What other types of businesses are in your immediate vicinity? From what I’ve read — the area has been described as one which gets a lot of walking traffic.
Jill: Its quite bustling for a small town. Across the street is a hair salon and coffee/tobacco shop. Next door is a pizza shop and knick knack store. The owners of all have been highly supportive throughout all of this.
Nina: In an article posted on philly.com — Msgr. Edward Deliman is quoted on the record as saying that he has never been in your shop, and yet, he has initiated legal action against you. Is he/his church also suing the local government itself and you’re more or less just named in the complaint, or is this him vs. you?
Jill: It’s him versus me essentially, but the local government’s decision to issue the permit is what’s actually being challenged.
Nina: So one would think that the local government which issued a permit to operate this business would have to support you? Are they? And if not, what have they communicated to you if you can share that. I understand that with this now becoming a legal case that you may be restrained in what you can or should say, but my question is: are they standing by their decision?
Jill: In the cover letter that the borough sent me alerting me to the appeal it said: “The Borough of West Chester will not legally defend the issuance of the permit. Therefore, you may wish to consult with an attorney to protect your rights”… I know that they’re supportive, but not “legally” I guess… and when I asked “why”… I was told that the borough would not spend taxpayers dollars to support a private business.
Nina: Let me quote directly from the philly.com article for a moment: “Shannon Royer, a Republican running for a state House seat in the 156th District, has spoken out against the shop on the campaign trail” — do you feel that you and your shop are being used here as red meat to forward individual political ambitions?
Jill: Before that article was written by Shannon I never heard of him before. Customers come in and tell me about him and that he apparently chose a “wedge issue” to rile people up since he lost by a handful of votes last time around. This is what I’ve been told, but I have no idea first hand what his ambitions are… although I do know he’s been pretty quiet about it since the media frenzy began… I have been sent emails from people in town who forwarded me letters they sent to Shannon, and their feeling is that he is indeed using this to further his political career.
Nina: Unfortunately that’s very typical for members of his political party. Like gay marriage became the wedge issue on a national level in the 2004 presidential race, it “appears” that you and your shop have become the local equivalent of that. I realize that we cannot impute motives on others — but why do you feel that Msgr. Edward Deliman has such a problem with what you’re doing.
Jill: I wonder the same thing. The landlord of the property my shop is housed in once owned a video rental store in town with a “pornography” back room. He said he got about three upset letters in ten years. As a few of the news pieces remarked; a children’s candy store around the corner sells edible underwear and chocolate body toppings… just like I do, but they have received no threats or legal issues. To walk from the church to my store one must pass several bars… and I’ve been told by a local shop owner that the reason that there was no complaints against those businesses was that the bars made a friendly monetary contribution to St. Agnes when opening…. I don’t know why I’m being targeted, other than maybe they think that I’m a little girl who they can push around and scare off.
Nina: That was very much my impression when I first heard this story — the little girl who they think they can push around part — News accounts have reported that you have a degree in human sexuality — can you talk about your educational background? Your degree, disciplines, and career goals and how this all fits in with running your business?
Jill: I have a Bachelor of Arts in Sexuality, Marriage, and Family from the University of Waterloo which is in Ontario, Canada… the US has no major undergraduate degree programs in human sexuality. Interestingly, as many large universities are made up of smaller colleges, schools, and departments; such is the case for UW. My particular program (the sex, marriage, and family) was housed at St. Jerome’s University, a catholic school. Many of my larger human sexuality classes were held in the same room where Sunday Mass was held.
Nina: Just on face value alone — with a degree in human sexuality, marriage and family — it would seem that what you’re trying to do with your shop is to help couples, women, even men find ways to improve the sexual part of their marriage/relationship. Is that a fair statement?
Jill: That in fact is quite close to my business philosophy. I offer over 25 workshop opportunities in the shop, tomorrow in fact I’m holding one called “marriage prep” — the description on my website reads:
“Have you ever thought about the fact that divorce courts are full of fools in love? Don’t be one of them! Learn the common problems that lead to divorce and how to avoid them, conflict resolution, successful communicating, and what you and your fiancé should know about each other before the wedding!”
… On Thursday I have a group of women signed up for the workshop to learn how they can talk to their children about sexuality. I’m also getting my Masters of Education in human sexuality.
Nina: You and I seem so close in our personal philosophy on sexuality — and everything you’ve described to me here sounds so different than how those opposed to what you’re doing have tried to categorize it. Some opponents to your shop have expressed to me some kind of idea that you’re simply encouraging an atmosphere of uninhibited, irresponsible, casual sex — and as I’m laughing here myself, I can only imagine how frustrating those descriptions must be to you as you go thru this.
Jill: It is frustrating but this is why I’m in this field… to educate people about sexuality… and the people who think that massage oil is somehow ’smut’ are obviously coming from a very fearful and shameful understanding of their sexuality and they’re the ones who need the education the most.
Nina: Oh I would completely agree with that statement. Do you think or feel, and I’m asking for a straight out opinion here: do you think this opposition is really about the sex, or is it motivated out of a real fear many people have about their sex and sexuality? Simply share your thoughts with me if you would be so kind.
Jill: I’m actually quite confused about it… and as so many people in various blogs and in comments to news articles have stated, “how many American malls have a Victoria’s Secret or a Spencer gifts… with their vibrators and crude bachelorette and gag gifts”… and people send their kids in there to roam around with no problem! Here I am with the goal of empowering women to overcome the sexual repression they’ve faced over a lifetime, an educated professional, and I’m being labeled the porn purveyor who is destroying the morals of young people. And the repression put out by St. Agnes that I’m somehow “perverting sexuality” — (this coming from someone who has never actually been in the boutique) — is so ironic…. Maybe if I was opening a Hooters in West Chester I wouldn’t have such a backlash.
Nina: Indeed. And I couldn’t be any more supportive of those stated goals — and they are very much in line with what I do thru my journal, with reviewing sex toys and writing articles about female sexuality and encouraging real conversations about real sex — not the hyper-sexualized mis-characterizations of things like pornography. One of their arguments seems to be that they don’t like your location — but that sounds like a hollow argument to me. And in just sharing my own views for a moment, I think much of this speaks to where religion itself exists as a means to control. A sexually educated woman in any construct is a threat to that control. But again, it’s hard to truly get inside the head of a man who makes judgments about things he doesn’t have the courage to go investigate for himself.
Jill: I’m trying not to get wrapped up into the religion and the politics because that’s what they want. I’ve just been minding my own business and following my business philosophy, which is stated on my website and hangs from the plaques on the shop walls… and pictures of the shop are on my website so people can see for themselves how cute and innocent it really is.
Nina: That’s a great answer and a great position to take, quite frankly… So, when is your hearing and is that hearing before the local court? Or what venue will your case be heard in?
Jill: It will be before the Zoning Hearing Board on either July 7 or fourteenth, the date has not been set yet. It is a public hearing… and when I received the notice at about 3:30 this afternoon, I wrote on the A-Board sign outside the shop that St Agnes was bringing me to court and to please show support for me. By 8pm I had over 50 passersbys stop in to sign the petition and get on their soapbox about their feelings on the matter. Community support has been unbelievable… but I worry though because the Church has unlimited means to appeal this through the court systems to the nth degree… which I do not.
Nina: That’s fantastic about the support. How can I or my readers help? Do you have legal representation? Do you need assistance with that?
Jill: I’m hoping to get a pro-bono civil rights lawyer who like most reasonable minded people… is fed up with the church and the politicians in their bedroom.
Nina: Well I will certainly do everything in my power to help. Either by raising awareness or by organizing help for you thru my journal.
Jill: I really appreciate your support. It’s nice to know there are people that “get it” out there.
- You can visit Jill’s website for Feminique Boutique online here.
It’s hard for me to understand what motivates people like Monsignor Edward Deliman to pick this battle. I do not know the man so I will not attempt to guess his reasons. Considering everything that Jill has shared with me, I think she’s in for a real fight – but for anyone who doesn’t think that what’s happening to Jill McDevitt doesn’t affect them, you’d be wrong – it affects all of us.
Jill McDevitt is a 22 year old woman who followed the rules, who has broken no laws, and who is simply one woman trying to make her way in this world. It would be a grave injustice and gross abuse of power should her detractors prevail against her. I am personally committed to helping Jill win this fight in any way that I possibly can.
Update — June 7th — Saint Agnes has dropped its legal action against Jill McDevitt. More here!
Update — June 5th — If you’d like to donate to Jill’s Legal Defense
Feminique Boutique Legal Fund Account
Commerce Bank
200 N. Radnor Chester Road
Radnor, PA 19087
A great local Editorial about this issue appears here!
For more on the discussion of where sex, religion and power intersect — click here!
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