GREENSBORO, North Carolina — from www.news-record.com – The city won round one Thursday in its fight against a strip club and bar complex when a judge ordered the businesses closed until a jury can decide whether the clubs are a public nuisance.
Guilford County Superior Court Judge Andy Cromer approved the city’s request to close temporarily Bare Villa and Nakitas Playhouse at 510 Farragut St. after a lawyer hired by the city argued that the businesses met the state’s criteria as a nuisance.
The clubs’ owner, Darryl McCarroll , said he looks forward to a speedy trial and to proving the city has no legal right to put him out of business.
A trial date has not been set.
Last week, the city sued Sugar Bare Entertainment, the parent company of the clubs; McCarroll, the club owner; and property owner Clarence Ray Jernigan.
Following years of criminal complaints that included two homicides, Greensboro police and state alcohol agents embarked on an undercover investigation at the clubs.
In statements filed with the affidavit, officers said that in four separate visits to the club, dancers propositioned them for sex in private rooms. Officers also stated they witnessed dancers performing sexual acts on each other and patrons in exchange for money.
The city’s attorney, Randy Reavis, argued that activity at the clubs wasn’t a case of one or two dancers getting out of hand, saying the sexual acts were witnessed at various times and involved up to 19 dancers.
He said the activities meet the state’s definition of prostitution. “There are nine dancers identified by name (in officers’ statements) who told police officers they would have sex with them in VIP rooms for money,” Reavis told the judge.
“The city should not be required to put up with it. The citizens should not be required to put up with it,” he said. “This establishment is being used for outright prostitution.”
Reavis also argued that McCarroll was aware of the acts — many of which happened on stage while he was there — and that he openly broke laws and ordinances that govern alcohol sales at sexually-oriented businesses. Reavis said a history of emergency calls made to police about the club show that the businesses are a public nuisance.
McCarroll’s lawyer, Kent Lively, argued that his client has worked with the city and law enforcement officials to address problems. He said that short of having the dancers wearing a recording device, McCarroll had no way of knowing what dancers told the undercover officers.
“He makes the dancers sign a disclaimer not to do this sort of thing,” Lively said. “And if he finds out it is going on, he fires them.”
While disappointed the judge has shut down his clubs temporarily, McCarroll said he looks forward to a jury’s decision.
“This is a victory on the short hand (for the city), but this is not a victory for the community,” McCarroll said.