Austin Bogues

@AustinBogues

QSpot was granted a preliminary injunction by New Jersey Superior Court Judge Dennis O'Brien

The injunction was granted ahead of this weekend's QFest, an LGBT-themed film festival

QSpot is alleging it's being discriminated against by the Jersey Shore Arts Center

OCEAN GROVE -- QSpot LGBT Community Center, embroiled in a discrimination lawsuit against its landlord, the Jersey Shore Arts Center, may remain in its Main Street location while its lawsuit proceeds, a New Jersey judge has ruled.

Superior Court Judge Dennis O'Brien granted QSpot's request for a preliminary injunction barring Jersey Shore Arts Center from evicting QSpot while the discrimination lawsuit proceeds.

QSpot filed suit against the Jersey Shore Arts Center last year after being told it did not perform enough arts-related activities to remain in the center and would not have its lease renewed.

The lawsuit claims the center's charges are groundless and a pretext for anti-lesbian, gay, bi-sexual, and transgender bias, in violation of the New Jersey Law Against Discrimination.

The ruling Tuesday comes ahead of one of the center's most high profile events, QFest, an LGBT-themed film festival in its second year. The three-day festival, featuring entrants from around the world, including Iran and Israel, starts Friday.

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“We're grateful that the court granted QSpot's request which will allow us to stay in our home and hold QFest while our discrimination case against the Jersey Shore Arts Center proceeds forward," said John Mikytuck, QSpot's executive director. Mikytuck said late last month that it has been informed by the center that holding the festival would constitute a breach of its lease.

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"We want to assure everyone in the community that QSpot will remain open and accessible as a safe haven, place of support, and a social and cultural gathering spot until our lawsuit has concluded.”

Jersey Shore Arts Center President Herb Herbst said Wednesday, "This thing's got to be decided by the courts." He added: "QSpot can put all the press releases out but it's got to be decided by the courts."

QSpot has been located in the Jersey Shore Arts Center since 2012. The center moved into its current 2000 square-foot space in 2015. Since September of that year, the center paid about $1,500 a month in rent, according to the lawsuit.

In May 2016, QSpot contends that Herbst told the center it's lease would not be renewed because it did not provide arts and education programming.

QSpot responded by noting that its activities include a marching band, live music and poetry performances, as well as the film festival. It also hosts professional development seminars, support groups and a book club. It filed its lawsuit in November.

Herbst declined to comment further on the injunction. The Jersey Shore Arts Center website no longer lists QSpot as one of its residents and it does not list any of the programs at the QSpot on its calendar.

"We let them come into our building as a community service, but our mission was to be in the arts, and only the arts," he told the Press in September. "We have no ax to grind with these people. The press releases they’re issuing say we’re against their type of lifestyle."

Austin Bogues 732-643-4009; abogues@gannettnj.com For more news on QSpot and LGBT issues, visit app.com and search for "QSpot."

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