San Antonio, Tx- A federal judge on Wednesday temporarily blocked the City of San Antonio from enforcing that new law regulating strip clubs and requiring that strippers wear badges.
U.S. District Judge Fred Biery told attorneys for the city that San Antonio will 'not turn into Sodom and Gomorrah' if the law is blocked for 75 days, pending a trial in late April.
"We're pleased with the judge's decision for today, we think the judge did the right thing today," strip club attorney Jim Deegear said following the three hour hearing.
"We are looking forward to proving our case at trial. I think at the end of that time, the judge will find that we are correct, the city is wrong, and we won't have an ordinance like this any more."
The city law, which was approved in December, requires clubs, manages, and topless dancers to pay fees, and says strippers have to prove they have paid the fee by wearing a badge while performing. The law also prohibits so called 'lap dancing,' by requiring dancers to keep a three foot space between themselves and the customers. It also restricts club operating hours, and requires dancers to fill out a complicated application and list their criminal histories.
Attorneys for the city argued that the law is necessary to prevent so called 'secondary consequences,' including prostitution, drug use, and assault which city officials say are caused by the existence of the thirteen topless and 'all nude' clubs in the city.
"I think that the city has no basis, no basis in crime, no basis in property values, no basis in health concerns in the clubs," Deegear said.
Biery warned the strip club operators that 'sixty to sixty five percent' of the legislation is constitutional, and he said they should 'plan now for some sort of regulation.'
This ordinance is the city's second attempt to regulate sexually oriented businesses. The first attempt, in March of 2004, was also largely rejected by Judge Biery.
"Losing one's first amendment rights is a damage which can never be undone," strip club lawyer Brad Schaefer told Judge Biery.
Deegear also announced plans to file a multi million dollar lawsuit against the city to compensate strip club employees and owners for what he said was 'in excess of one million dollars in damages' they have suffered in the two appempts to restrict their business.
The issue will be decided in a trial set to begin April 25th. Both sides vowed to appeal if they are unsuccessful, DeeGear said an appeal to the U.S. Supreme Court is a possibility.
Biery urged the two sides to get together, warning the city that sexually oriented businesses will 'never go away,' and suggesting that the club owners that they prepare to accept 'prudent regulations.'
