Seattle- from www.seattletimes.nwsource.com – A King County Superior Court judge this morning cleared the way for a strip club to open within a home run’s distance of Safeco Field, rejecting arguments by the Seattle Mariners that the City of Seattle improperly issued a business permit to the club’s operators.

Judge John Erlick,[pictured] who earlier was presented arguments by the parties, delivered his ruling from the bench and issued an 11-page written opinion.

Erlick said his ruling was not based on the desirability of strip clubs, which had previously been dealt with by a federal court, or the advisability of where to locate such businesses, which is the role of the Seattle City Council.

His ruling, he said, was based on the city’s application of its land-use rules.

The Mariners have vehemently objected to the club, conducting a yearlong battle with the city over the propriety of allowing nude female dancing to be featured near the stadium, particularly where millions of children have attended events since its opening in 1999.

The Déjà Vu club, sought by longtime Seattle adult-entertainment figure Roger Forbes, would operate at 1530 First Ave. S., about 400 feet south of Safeco Field’s main entrance in the Sodo area.

Bart Waldman, the Mariners’ executive vice president of legal and governmental affairs, said the ballclub would study the ruling before deciding whether to appeal.

“We’re obviously disappointed in the outcome,” Waldman said.

Peter Buck, a Seattle attorney representing the strip club, said the Mariners have 30 days to decide whether to appeal.

Buck said if the Mariners appeal, Déjà Vu would hold off on remodeling and construction.

If no appeal is filed, the club would open in about six months, he said.

That would push the opening past the current baseball season.

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Buck said he is not concerned if the Mariners appeal, because so far the ballclub is “0 for 4” in a step-process of objections filed with the city and the court.

The Mariners filed suit against the city in December, shortly after city planners rejected the Mariners’ arguments that allowing a strip club to operate at the location would violate an ordinance prohibiting strip clubs within 800 feet of community centers, public parks or open space, schools and child-care facilities.

Safeco Field, the city found, does not qualify as a traditional community center or public park and open space.

The Mariners also asserted that a public plaza south of the stadium, next to Safeco’s parking garage, qualified as a park or open space because it was used for bench sitting, bike riding and other activities, such a fun runs.

The city rejected the argument, noting the operators of many downtown buildings provide such plazas.

In making their arguments, the Mariners said children gather outside Safeco Field before and after games, and that the stadium hosts nongame events, including back-to-school rallies, junior and senior proms, high-school graduations and hundreds of school and public tours.

Forbes has planned a 5,000-square-foot facility, with a main floor and two mezzanine levels. It would feature females dancing nude on stages, as well as lap dances in which nudity is not allowed.

No alcohol or food will be served, but a juice bar is planned.

The club would be similar in size to Forbes’ two other Seattle Déjà Vu clubs.

The Mariners’ suit alleged that the strip club would adversely affect the families that visit Safeco Field. Also named in the suit were the strip club’s architects and others tied to the property.

The Mariners were joined in the suit by the Washington State Major League Baseball Stadium Public Facilities District, a public entity that owns Safeco Field and leases it to the Mariners.