Strip clubs sue over city's new restrictions

More than a dozen strip clubs have sued the city of San Antonio over amendments to ordinances requiring entertainers to wear bikinis, claiming the changes are another heavy-handed attempt to shut the cabarets down.

The federal lawsuit resembles one at the center of a court battle almost 10 years ago when the city amended its human display ordinance to, among other things, bar nude dancing, set greater restrictions on lap dances and prohibit small, private and unsupervised VIP rooms in all strip clubs. It ended in a settlement.

Many of the topless clubs got around those restrictions, and greater regulation, by having entertainers wear pasties, while clubs that offered nude dancing challenged citations individually.

The ordinance pertaining to sexually oriented businesses and the human display ordinance were amended last year, with the changes meant at tightening technicalities.

The changes are set to take effect in the coming two months.

“They did a number of things, most of them were technical provisions, but of note, they changed the definition so if you are wearing less than a bikini you're a sexually oriented business,” City Attorney Michael Bernard said. “It gets rid of this whole pasties thing.”

“The effect is to tighten up the definition of a sexually oriented business,” Bernard said. “If your business is sexually oriented, you are going to be sexually oriented under the law. Before, there were loopholes in which they avoided that.”

Bernard said he had not seen the lawsuit but anticipated what it would allege.

“We went through all that pretty carefully before we amended the ordinances. We're not blazing new territory. Other courts in Texas and across the country have upheld similar provisions, and we think we'll prevail.”

Lawyers for the clubs were not available for comment Monday, but the suit describes the city's actions as an attempt to stifle free speech and expression. The suit also calls the changes too broad and vague.

Among other things, the clubs allege there is no legislative predicate for the change and no proof that the clubs bring greater crime and blight to areas around them.

The suit asks a judge to prevent the city from enforcing the changes. No hearing has yet been set.

The suit says the businesses' success is based on the “anticipated public appeal in the expressive dance performances by professional artists” and that the expression is not obscene.

“The Plaintiffs believe that the presentation of expressive dance performances is a beneficial social activity which creates an improved self image for the dancer and joy and entertainment for the beholder,” the suit says. “The Plaintiffs consider the appreciation of the human body ... a socially fulfilling experience for both performers and patrons.”

Bernard said the clubs can simply comply with the regulations to continue operating.

“If they meet the regulations, and certainly a lot of places do, they won't have to shut down,” Bernard said. “If they don't want to comply ... they'll have to shut down or won't be able to operate the same way they were operating.”

gcontreras@express-news.net

Twitter: @gmaninfedland