Scottsdale, Arizona- Scottsdale is not enforcing its new regulations against Zorba’s Adult Shop while it attempts to reach a resolution with the business that claims the new rules do not apply to it.
At issue is a 1995 court settlement between the two parties that Zorba’s says prevents the city from enforcing the new rules most recently adopted in July. They would force the 34-year-old business at 2924 N. Scottsdale Road to extensively remodel or shut down its video arcade.
In July, the City Council approved the regulations along with allowing lap dances to continue at the city’s two strip clubs. Zorba’s had 180 days to comply once the rules went into effect a month later, but that deadline has since passed.
“I am hopeful we will reach some sort of resolution short of litigation, but if not, litigation is an option,” Scottsdale City Attorney Deborah Robberson said.
Robberson said she hopes to have a resolution in the next couple of weeks. Meanwhile, the city will not enforce the new regulatory provisions.
Los Angeles-based lawyer John Weston, who is representing Zorba’s, could not be reached for comment.
If a resolution is not reached, Scottsdale could choose to cite the shop under their new rules — which could lead Zorba’s to file a lawsuit over what it would claim is the city’s violation of the terms of the 1995 settlement.
Robberson said the city could also ask a court to make a judgment on the issue.
This latest battle between the adult store and the city initially began in December 2005, when the City Council adopted stricter regulations against sexually oriented businesses.
That included the ban on strip club lap dances that was overturned by Scottsdale voters in September 2006. The rules affecting Zorba’s were not sent to the ballot.
The vote in July by the council kept the same provisions affecting Zorba’s as adopted in 2005, but brought them all into one ordinance.
According to the ordinance, Zorba’s would be forced to remodel or shut down the private viewing booths, post a sign informing patrons that only one patron is allowed in a viewing room at a time and force them to add brighter lights.
The rules would require the manager to have an unobstructed direct line of sight view of the entire premises, including each viewing room’s interior.