First Amendment Attorney Gives City $92,000 Option

PICO RIVERA, Calif. — The fight to bring down a strip club in this city only minutes away from downtown Los Angeles has cost it plenty.

In its battle with Imperial Showgirls, Pico Rivera has spent nearly $400,000 in legal costs fighting the strip club, which sued in January 2002 after officials tried to shut it down.

And just this week, the city has been ordered to pay Showgirls attorney Roger Jon Diamond $92,000 in legal fees.

Now the city has a chance to save the $92,000.

Diamond told city officials that he would waive his legal costs provided they agree to allow the club to remain at its location on Slauson Avenue. He is also asking that the city drop its Sept. 24 appeal to the 9th U.S. Circuit Court of Appeals.

In August, U.S. District Court Judge Dickran Tevrizian ruled that the strip club can operate in its current location because there are no other locations within the city in which it could effectively do business.

And on Monday, at Diamond's request to clarify the ruling, Tevrizian said that if no locations within the city's adult-business zone are available for Imperial Showgirls to move to by March 2007, the strip club can apply for an extension of the August preliminary injunction.

The owners of the club challenged a Pico Rivera ordinance that barred adult entertainment business outside the city's commercial manufacturing zone and within 1,000 feet of any residential property, church, school or park.

Imperial Showgirls opened in January 2002, but city officials ordered it closed within days of the opening. The strip club then sued the city, claiming the ordinance violated their free-speech rights and gave them no options for relocating their business.

Diamond, who represented Imperial Showgirls, said that the reason the strip club won was because no other property in the city qualified. “Every property was within 1,000 feet of homes,” Diamond said.

Imperial Showgirls currently is housed in a mini-mall near a McDonald's restaurant, a doughnut shop and beauty salon and has a lease that extends through 2007.

During a trial in July, city officials sought to show that there were several viable locations for Imperial Showgirls to move to within the city's “commercial manufacturing” zone, about two blocks from the club's present location in a “commercial general” zone. But city officials later conceded that there are currently no vacant properties within that zone.

Tevrizian said that of 20 potential sites identified by the parties in the commercial manufacturing zone, “there are no existing structures that can accommodate plaintiffs’ use as an adult cabaret theater.”

“At a minimum, there must be more sites available than existing businesses with a demand for them,” Tevrizian said in his ruling. The lack of “any site” that will accommodate the plaintiff under the current city ordinance, the judge noted, “is unreasonable and therefore unconstitutional” and would have violated the 1st and 14th Amendments.

The federal judge noted that Pico Rivera is less than eight square miles in area and only has seven acres of land zoned for commercial manufacturing. The ordinance also prohibits locating an adult business within 1,000 feet of a church, school, or public park, even if it is in the commercial manufacturing zone.

It was the second legal victory won by Imperial Showgirls in its bid to continue operating over the objection of some local residents and officials. A state appeal court decided last year that a local pastor and members of his church did not have a constitutional right to continue picketing in front of the business. Those protests turned violent.

Tevrizian’s August ruling allows Imperial Showgirls to operate at the current location until March 31, 2007, when its lease will expire. The ruling does not permit similar businesses to set up in the area.

With the offer on the table over Diamond’s legal fees, the city is weighing what to do. City Attorney Jamie Casso said he wants to see Diamond's offer in writing before he would present it to the City Council.

Casso said that Pico Rivera will have to shell out another $25,000 to $30,000 if it pursues its appeal to the 9th Circuit.

As for Diamond, a First Amendment attorney who often represents the adult industry, he said the offer is a “win-win” situation.

“[It’s] in the city's interest to keep the current club in the zone where it's at and ban adult clubs from any place else,” Diamond said.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Politicians Aim to Study Effects of FOSTA-SESTA on Sex Workers

In an encouraging sign for sex workers, California State Representative Ro Khanna and U.S. Senator Elizabeth Warren of Massachusetts have reintroduced the SAFE SEX Workers Study Act, which aims to study the effects of FOSTA-SESTA.

Texas Bill Aims to Ban Sex Toys at 'Big-Box' Retailers

Republican State Representative Hillary Hickland has introduced a bill in the Texas legislature that would restrict the sale of pleasure products at "big-box" and other non-adult retailers.

U.S. Solicitor General to Participate in FSC v Paxton

The Supreme Court on Monday granted a motion by the U.S. solicitor general to participate in Free Speech Coalition v. Paxton, the case challenging Texas’ controversial age verification law.

Judge Pauses Lawsuit Over Indiana AV Law

A U.S. district court judge has paused a lawsuit over Indiana’s age verification law, pending the Supreme Court's ruling in the Free Speech Coalition-led challenge to Texas’ age verification law, HB 1181.

ASACP Urges Compliance With UK Online Safety Act

LOS ANGELES — The Association of Sites Advocating Child Protection (ASACP) has issued a statement advising adult companies to prepare to comply with the age assurance provisions of the U.K.'s Online Safety Act, which go into effect in 2025.

Pornhub Rejects Claim It Plans to 'Avoid' Age Verification in UK

Pornhub parent company Aylo told XBIZ on Monday that a recent report claiming the site will use a “loophole” to sidestep age verification requirements under the U.K.’s Online Safety Act is “misleading,” and that the company will always ensure its sites are compliant.

FSC Sues Tennessee Over AV Law, Seeks Preliminary Injunction

Free Speech Coalition, along with a group of adult industry stakeholders, has filed a legal challenge to Tennessee’s age verification law and requested an expedited preliminary injunction against enforcement.

Satisfyer Helps Dutch Police Dismantle Counterfeit Network

Satisfyer has teamed up with Dutch authorities to help dismantle a counterfeit network that sold fake products online, including items purporting to be the brand's Pro 2 and Penguin vibrators.

Indiana, Ohio AGs File Amicus Brief in Support of Texas AV Law

Indiana Attorney General Todd Rokita, along with Ohio Attorney General Dave Yost and officials from 22 other states, on Friday filed an amicus brief with the United States Supreme Court in support of Texas’ controversial age verification law.

Kansas Law Firm Deploys Religion, Bunk Science While Recruiting Plaintiffs Under AV Law

Kansas-based personal injury law firm Mann Wyatt Tanksley is promoting debunked scientific theories and leveraging religious affiliation against the industry while it seeks potential plaintiffs for lawsuits against adult companies under the state’s age verification law.

Show More