VOL. 126 | NO. 139 | Tuesday, July 19, 2011

To say the now-closed restaurant at 7955 Fischer Steel Road has had an unusual history is probably an understatement.

And it’s still not clear what the future holds for Stella Marris, which at one time was going to be called La Italiano and which may be getting yet another new name soon, according to an announcement on the restaurant’s Facebook page last fall.

That Facebook page has not been updated by the restaurant since August. Messages couldn’t be left at the restaurant this week, because its voicemail system is full.

Even though Stella Marris is closed and has given no hint as to when it will reopen, construction workers appear to be enlarging the restaurant’s parking capacity. That’s at least in line with the old announcement on the Facebook page, which said a new parking lot adjacent to the current lot was on the way, in addition to an entry point from Germantown Parkway.

Then again, that same announcement anticipated reopening in September or October of last year.

The city of Memphis has filed a motion to dismiss a federal lawsuit the restaurant’s owner, topless-club businessman Steve Cooper, brought against the city in June. Cooper’s suit also named city permit administrator Aubrey Howard.

A few months before filing his federal suit, Cooper brought one against the city in Shelby County Chancery Court over basically the same issue. He wants a compensated dance permit for the Cordova business, where his plan calls for Coyote Ugly-style entertainment.

Coyote Ugly, located on Beale Street, is the famed chain known for featuring waitresses who dance on the bar.

One question on Cooper’s permit application asked whether the business would feature adult entertainment. Cooper’s reply said, “This depends on the definition of ‘adult entertainment,’ as the business intends to offer the same entertainment as Coyote Ugly at this time with the addition of live bands.”

The Memphis City Council on March 1 approved a 60-day freeze on the issuance of compensated dance permits. Cooper’s permit had been pending, and he filed the Chancery Court suit because he believed the city’s actions were “without merit” and “arbitrary and capricious” – and ultimately directed only at him.

That suit essentially got booted on a technicality. Shelby County Chancellor Kenny Armstrong said that even though the application had been notarized, there was a place on it that should have been signed but wasn’t.

Armstrong said a new application could be filed.

In June, Cooper’s attorneys took their case to court again – this time to federal court. The City Council also extended its compensated dance permit moratorium until October.

“As a result of the city’s actions, the plaintiffs have been deprived of, and will continue to be deprived of, their right to present constitutionally protected expression,” Cooper’s new lawsuit read. “As the Supreme Court has recognized, ‘the loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury.’”

While questions about the business are scrutinized in court by attorneys, questions about what’s going on at the actual property are simmering among area residents.

Construction equipment has for the last several days been parked at the property at night and on weekends. Workers have been there during the day.

“Here’s what I’m wondering,” said Brian Stephens, an attorney and leading opponent of the development. “It was set up as a restaurant, and it was open for a short time as a restaurant. What is all this additional work that needs to be done? If you want to open a restaurant, open a restaurant.”

Romanesque statues line the front of the restaurant, which got a certificate of occupancy in late 2009 and opened shortly after that. It sits across from a youth baseball complex.

Hinting at his future plans, Cooper in July 2009 bought a former Circle K gas station and convenience store at the corner of Fischer Steel Road and Germantown Parkway for $575,000. That property has been razed, and because of that the restaurant could have better visibility and access from heavily trafficked Germantown Parkway – once it reopens.

Cooper, who owns adult entertainment clubs around the country, including The Gold Club in Memphis, has sought the Cordova development for several years. He’s been involved in zoning details for the Cordova site since 2005.

He’s also a former business partner of Ralph Lunati, once considered the king of the hill in Memphis’ strip club industry.

Though the Cordova restaurant is now in legal limbo, around the time of its opening Cooper was in court over The Gold Club. Nearby residents there were similarly concerned about that development, which at the time included purportedly cosmetic changes to the club that residents feared could lead to a major expansion.

Shelby County Circuit Court Judge Donna Fields allowed the club’s expansion to proceed, including a raising of the roof and other interior changes. But she at times let her frustration show in court because of what she saw as incremental deviations by Cooper’s team from plans approved for the site.

“It’s just push, push, push,” she said at one point during a 2009 court hearing. “I think all of you know me well enough, that I don’t take well to people not following this court’s orders. The next step will be the person who doesn’t follow it going to jail, so I would think that somebody needs to monitor this.”