Nashville- Strippers may be banned from from being less than three feet away from patrons in Nashville adult clubs, but that’s not going to stop dancers at one establishment from being too close. A judge has seen to that.

Davidson County Circuit Judge Thomas Brothers signed a temporary restraining order yesterday barring Metro from enforcing a new adult entertainment ordinance at the Brass Stables, a strip club in historic Printers Alley. Metro has phased in enforcement of the ordinance, appointing a licensing board, hiring an inspector and collecting registration forms from businesses and entertainers. The deadline to turn those in just passed.

The judge signed the order – good for eight days until a Dec. 13 hearing – after the owner of the business argued that its building is too narrow to keep dancers far enough away from patrons to comply with the law.

The ordinance requires dancers to remain at least three feet away from customers.

“The building is so narrow where the stage is located, you can’t have everybody three feet away,” said Nashville attorney George Barrett, one of the lawyers representing the Brass Stables.

The business can’t be expanded because it’s long and narrow and has a common wall with other buildings on each side, Barrett said. The structure housing the club is more than 100 years old and has been listed on the National Register of Historic Places since 1978.

“It is reputed to be the location where Andrew Jackson, war hero, president of the United States, and Nashvillian, and founder of the modern Democratic Party, popularly known as ‘Old Hickory,’ stabled his horses when in Nashville,” a court filing said of the club building.

Enforcing the ordinance could put the establishment out of business, Barrett said. If that happens, the business owners want Metro to pay the market value for the Brass Stables, taking into account the money it takes in every year.

The business has reported gross revenues of more than $500,000 a year for more than five years, according to court documents.

Lawyers for the Brass Stables, owned by Printers Alley Theatre, also argued that dancers have a First Amendment right to engage in artistic dance at the club.

Attorneys for Metro could not be reached for comment last night.

The lawsuit was filed against Metro, Mayor Bill Purcell and the five commissioners on the Sexually Oriented Business Licensing Board. The new regulations call for background checks on those working in adult entertainment, reducing business hours and placing heavy restrictions on Sunday operations. They also set out more strict requirements for viewing booths. •