Press
Release
Strip clubs could go
dry
County ordinance would include ban on alcohol
By Michael Erskine and Trevor Aaronson,
Commercial Appeal
May 27, 2007
An ordinance that would dry out Memphis strip clubs -- ending the sale and
consumption of alcohol inside the smoky, dimly lit businesses -- is set to
hit the Shelby County Commission's agenda next month.
Applying to sexually themed bookstores, movie theaters, escort services and
massage parlors, the proposed law would strictly regulate the local adult
industry and could make it difficult for Memphis' notoriously naughty strip
clubs to keep raking in dollar bills.
In addition to a prohibition on alcohol sales, the proposed ordinance's
requirements include:
Existing and future adult-oriented businesses would have to obtain licenses
from a new five-member citizen board, to be appointed by the county mayor.
All employees of the establishments, including dancers, would be required to
obtain an annual permit, subjecting them to criminal background checks.
Certain criminal convictions, such as for prostitution, would keep women off
stripper poles. Club owners convicted of crimes potentially could lose their
license to operate in the county.
Approving the ordinance would require a two-thirds vote of the 13-member
County Commission as mandated by a special state law. The commission is
scheduled to hear it on the first of three readings on June 11.
The law would apply to Memphis and the unincorporated areas of Shelby
County, according to the County Attorney's Office. But it would not be
effective in the county's other municipalities because they've already
adopted similar laws.
Opposition to the measure, including the possibility of costly litigation,
is anticipated.
"These people are going to fight us with everything they've got -- and these
people have untold resources," said the proposal's sponsor, Commissioner
Mike Ritz.
The ordinance would take on the provisions of the Adult-Oriented
Establishment Registration Act of 1998, a so-called "local option state law"
that counties can adopt. It's been used by counties across the state and has
withstood at least two legal challenges.
Ritz has spent the past few months consulting local law enforcement
officials and attorneys about the law.
"I think it's a worthy initiative," said Sheriff Mark Luttrell.
"It's an area where I think we certainly need some strong oversight, strong
controls, and I'm willing to do my part to make it work."
Dist. Atty. Gen. Bill Gibbons, who said he's "very supportive," said the law
would "help tremendously in curbing certain types of illegal activities in
the clubs," particularly prostitution and other sex crimes.
"We would need to continue using our nuisance law aggressively to go after
illegal drug activity, as well as violence," Gibbons added.
But the act's alcohol ban is a concern for Memphis Police Director Larry
Godwin.
"I'm not trying to put any business out of business. I just want them to
operate legally," Godwin said. He added, however, that he would enforce
whatever laws are on the books.
Strip club owner Charles "Jerry" Westlund, who operates The Pony, Downtown
Dolls and the recently shut-down Black Tail Shake Joint, said he's for "a
fair and balanced regulation" in Shelby County.
That isn't what will come of the proposed law, Westlund contended.
"You've got a lynch mob right now," Westlund said, adding: "These are the
actions of overzealous, headline-chasing politicians. They're going to make
a bad law, and then we're going to have to argue about it in court."
Responded Ritz: "I don't mind being called overzealous by him."
The constitutionality of the ordinance likely will be questionable, said
Edward Bearman, Westlund's attorney.
"There are a lot of people in different states claiming these ordinances
have passed constitutional muster," Bearman said. "But the records I've seen
are generally bits and pieces of ordinances that have survived
constitutional challenges, but when put together as a total do not
necessarily guarantee that they survive."
Currently, all of the area's strip clubs are located in the Memphis city
limits. Their operating licenses are regulated through the Memphis Alcohol
Commission, whose primary recourse against legal violations at the clubs is
to levy fines against the owners.
Questions remain about the role the City Council will play if the ordinance
is adopted by the county.
The council, however, may seek to rescind an adult business ordinance on the
city's books to make it clear the county law rules. In 1995, the city was
enjoined from enforcing certain provisions because of issues of
constitutionality.
Councilman Myron Lowery, who has met with Ritz about the ordinance, said the
proposal "shows what I consider to be out-of-the-box thinking." But he's not
sure the city will "want to give up any authority" over strips clubs.
"Whatever happens, Memphis will have to buy into it," he said.
The county ordinance is the latest salvo in what has become a multi-agency
battle against the city's strip clubs, which for years have had reputations
as anything-goes party dens.
On Dec. 9, 2006, following an undercover sting focusing on drugs and
prostitution, federal authorities and Memphis police officers raided and
shut down Platinum Plus and Tunica Cabaret and Resort.
Ralph Lunati, the longtime doyen of Memphis' adult-entertainment industry
who is now under IRS investigation, owned both clubs.
Just days after the raid, Eric Damian Kelly, a consultant for the
city-county Office of Planning and Development, presented the findings of
his $38,000 inquiry of the city's adult-oriented businesses.
He reported widespread violations at all of the city's clubs, particularly
at Platinum Plus, where the consultant said he witnessed live sex shows.
Saying Memphis strip clubs operated unchecked, Kelly recommended in December
that local lawmakers adopt the ordinance Ritz is proposing.
Controversy over the clubs surfaced again in April following allegations
that strip club owner Steve Cooper may try to open a club in Cordova.
Cooper is constructing a windowless building at 7955 Fischer Steel, near
Germantown Parkway, which he says will be an Italian restaurant. Many
residents and politicians, however, believe Cooper has other plans.
With suspicions swirling, the County Commission unanimously passed a
resolution this month urging Cooper to use the property in a "lawful" manner
-- meaning it could be a restaurant but not a strip joint.
Ritz said the unanimous vote on that matter signaled good chances for his
proposed ordinance.
"Frankly, if you care about the true victims, the girls (who dance at
topless clubs), you've got to do this," Ritz said.
"Almost without exception, these girls were sexually abused by a family
member ... and have an addiction to drugs or alcohol. These clubs feed on
that. It's a vicious cycle."
More info:
crackdown on adult industry
Ordinance highlights:
Applies to strip clubs and sexually themed bookstores, movie theaters,
escort services and massage parlors.
Alcohol could not be sold or consumed on the premises.
The businesses must obtain licenses from a new five-member citizen board.
All employees of the establishments, including dancers, must pass criminal
background checks and obtain permits.
Club owners convicted of crimes potentially could lose their license to
operate in the county.
Dancers must cover their nipples and pubic areas. By contrast, under current
regulations, dancers are allowed to go topless but must wear bottoms.
"I think it's a worthy initiative. It's an area where I think we certainly
need some strong oversight, strong controls, and I'm willing to do my part
to make it work."
Sheriff Mark Luttrell
