Fight with city leaves circus out of a home

When the city of Ludlow told Circus Mojo in May it couldn't operate in its theater, that came as a shock to owner Paul Miller.

After all, like most circuses, Circus Mojo hasn't kept a low profile in the six years since opening in the city. Performers from around the world have traveled to the theater on Ludlow's main drag of Elm Street.

Miller wondered what had all of a sudden changed.

For the past few months, Circus Mojo and the city have sparred over the circus' occupancy of the Ludlow Theatre.

Miller, who is adding a brewery to the theater where his troupe performs, hopes to be reopened in the historic theater by November. He's held shows, classes and his annual circus summer camp at two area churches in the interim.

But he's speaking out against what he sees as a vendetta by the city against him over a vacant former bank property. He's set up a website outlining his side of the issue, investludlow.com.

"I didn't realize the wasp's nest I was kicking," Miller said.

City officials, however, say they want him to just follow the law.

After fire inspections in April, city officials returned in May and told him he never had an occupancy permit for the Ludlow Theatre and couldn't continue in that building.

Miller said he passed fire inspections before and this never came up. He believes it's selective enforcement.

"They never sent me a notice, never said I needed one," Miller said. "The city of Ludlow rented this twice for Ludlow's 150th in 2014. Mayor (Kenneth) Wynn, he performed with me when Jerry Springer was here. ... It's just unbelievable what they're claiming."

Miller believes it has to do with his attempt to purchase a nearby vacant bank building so his circus could have extra parking. The city and Ronald B. Jones Funeral Home also had interest in the former Huntington Bank building in the 300 block of Elm Street and bid on the property.

The funeral home won the bidding war and purchased it in July for $128,000, with plans to use it for parking. Miller said city officials told him about the occupancy license the day the bids on the vacant bank building were due.

"I believe it's ridiculous the day the bids are due when the city is trying to buy the building, that's the day they come to try and shut me down," Miller said.

Wynn and city officials dismissed the idea that they had a vendetta against Miller for trying to buy the property.

"The only thing I want Paul to do is to get his building up to code," Wynn said. "I think Circus Mojo does good work. I just want the building up to code and he can open his doors."

The city didn't know Miller was bidding on the property, said City Administrator Elishia Chamberlain. The city had wanted the building for additional public parking, she said.

"We were bidding on the building," Chamberlain said. "We were not aware Paul was, too. It was never discussed."

When the fire department inspected the theater in April and found some violations, such as the lack of an approved smoke detection system, they discovered there was no occupancy license, Fire Chief Rob Dreyer said.

Many businesses in Ludlow have been held to a stricter fire code standard in the past two years, he said. It's part of an effort to beef up fire inspections and other services since 2012 when Dreyer became chief. It was then that the Ludlow Fire Department went from all-volunteer to having some paid staff.

Businesses that previously had no fire alarms and other safety measures have had to come up to code, Dreyer said. The city also a few years ago started outsourcing its planning and zoning inspections to Planning and Development Services of Kenton County.

Prior to 2012, some of the inspectors didn't know what all to look for, Dreyer said. Now the city has more qualified inspectors that look at each building's approved use. When the inspectors looked at what the Ludlow Theatre had been approved for, they found the circus never received an occupancy certificate, Dreyer said.

"A place like Mr. Miller's business, where there can be hundreds of people at a time and where you have to get them out of there in a reasonable manner, they have to abide by different rules that are much more stringent than a mom and pop candy store," Dreyer said.

It will take $300,000 to $500,000 to get Circus Mojo back into the Ludlow Theatre. Miller hopes that can happen by November and will start a crowdfunding campaign. By early 2016, he hopes to be brewing his own beer, called Bircus, in the theater. Large brewing vats that can brew 80 barrels of beer a month have been delivered.

Miller and his crew are working to address the code issues and have plans pending before Planning and Development Services to get an occupancy license.

"Nov. 16, will be our six-year anniversary," Miller said. "So I hope we're open for our six-year anniversary."