LINCOLN PARK, Michigan — Preachers already are praying they’ll fail, and now backers of a proposed $4.2 million Hustler Club here have filed a federal lawsuit claiming city officials have it out for them as well.
Developers of the planned strip club filed a suit in U.S. District Court against the city this week, alleging 3-year-old nudity laws make it impossible for them to set up shop and are “blatantly unconstitutional,” said Lansing-based attorney Brad Shafer, who represents club owners HDV-Lincoln Park and property owner Papalas Drive Development.
“They will not be able to impose unconstitutional laws against us,” Shafer said
The plan on Papalas and Outer has been approved by city officials, who say they couldn’t stop it despite protests from religious leaders. But the chain, licensed by pornography titan Larry Flynt, argues city ordinances outlaw all public nudity — even though state laws allow topless dancing in establishments that serve alcohol.
The laws haven’t stopped nude dancing at the city’s other strip club, Atlantis.
“The provisions don’t permit anything, not full nudity, not topless but they are not enforcing it,” Shafer said.
City Council President Tom Murphy said the laws were aimed at stemming drugs and prostitution at adult clubs. He denied the law bans semi-nude dancing.
“The controls are not meant to stop a strip club from operating, because they have a right to do that. We want to control elements that contribute to the poor image that many clubs portray in the community,” Murphy said. “I know (Hustler) thinks they are being picked on, but they are not.”
The suit, which seeks the ordinance tossed out on constitutional grounds, also includes the city’s Park Theater, which sells adult books and films. The complaint claims zoning would prevent an expansion, relocation or a topless joint to operate at the theater.
Amid the battle, the Lincoln Park Ministerial Association launched a 52-day prayer crusade. The campaign began in November to provide a “spiritual and moral wall of protection for the community,” said Patrick Bossio Jr., a senior pastor at Faith Christian Assembly in Melvindale.
The association also issued a complaint to the state Liquor Control Commission last month asking it to decline any license for alcohol to any club or business around the church — including the Hustler Club.
“We’re not naïve and think we can shut all these businesses down, but we do believe we can protect our homes and city from having it here,” said Frank Julian, also a pastor with Faith Christian Assembly.
“We are taking a stand it’s a sin factory.”
Hustler Clubs, a chain in six states, has received a rude welcome in Michigan. Last year, the Detroit City Council refused to transfer a topless entertainment license to the club at 415 E. Congress, the site of the Zoo Bar. That sparked a legal fight that peaked with an August ruling from a federal judge that Detroit must rewrite strip club regulations because the current ones are unconstitutional.
Shafer said developers are moving forward in Lincoln Park.
“We’re confident we’ll prevail,” he said.
