Press
Release
Shelby law gets tough
on sex trade
Restricts alcohol sales, sets up regulatory panel
By Alex Doniach,
Commercial Appeal
September 11, 2007
Shelby County's sexually oriented businesses took a hit Monday when County
Commissioners approved on third and final reading an ordinance that will
strictly regulate the local industry.
The new law, which goes into effect Jan. 1, will restrict the sale and
consumption of alcohol, establish a five-member board to regulate the
industry and require that all employees obtain a work permit.
It will apply to all cabarets and sexually themed bookstores, movie
theaters, escort services and massage parlors in unincorporated Shelby
County and Memphis.
Although there were concerns -- some commissioners wanted tighter laws --
the ordinance was approved on an 11-0 vote. J.W. Gibson passed and Joyce
Avery was absent.
Mike Ritz, one of the more vocal advocates, said this law goes a long way
toward cleaning up the area's notoriously naughty clubs.
"They're going to have to find new ways of doing business," Ritz said.
"Hopefully the community will be better off."
The county ordinance is the latest attempt by lawmakers to curb illegal
activity in the area's clubs, following an undercover sting last December
that shut down Platinum Plus and Tunica Cabaret and Resort.
Days after the raid, consultant Eric Damian Kelly released a report showing
widespread violations by the area's adult businesses. Then in April,
controversy surfaced following rumors that strip club owner Steve Cooper may
try to open a club in Cordova.
The ordinance adopts the provisions of the state's Adult-Oriented
Establishment Registration Act of 1998, a so-called "local option state
law."
It's been used by counties across the state and has withstood at least two
legal challenges. If the commission had adopted an altered version of the
ordinance, there were fears it might not be as strong in a court challenge.
"This is tried and true," said Commissioner Wyatt Bunker.
The law will apply in unincorporated areas of the county and in Memphis, the
only municipality without its own ordinance on the books. But if Memphis
chooses to enact its own law, it would supercede the county's ordinance,
said Asst. County Atty. Robert Rolwing.
However, if a business owner were to challenge a future Memphis ordinance
and a court were to declare it unconstitutional, then the county's ordinance
would automatically take effect. "That's a real serious backup," Ritz said.
Memphis City Councilman Jack Sammons, who chairs the council's public safety
committee, said they've had only preliminary talks of setting a Memphis law.
Nothing will be decided until after the Oct. 4 election, when seven new
council members join the panel.
Sammons said he would not oppose allowing the new county ordinance to take
effect in Memphis. "Frankly, it would be my preference," he said.
Commissioner Mike Carpenter said if the council enacts a substantially more
lenient law, the problems won't be solved.
Although he voted for the ordinance, he urged his colleagues to hold off and
draft a joint city-county version after the city elections. "I want to be
sure we get it done right," he said.
Some commissioners wanted to expand the law.
Commissioner Henri Brooks asked if there was any way to regulate hourly rate
motels, which she called "houses of prostitution." They are not included in
the ordinance, but officials said they could be regulated with nuisance
laws.
Commissioner Steve Mulroy said he plans to work with a county attorney to
create stiffer zoning laws preventing adult businesses from being
"grandfathered in" to nonindustrial areas.
Attorney Price Harris, who represents a company in which Cooper is a
shareholder, said the ordinance was an attempt to censor adult business
owners.
"I would urge caution," he said. "What we get down to is a freedom of
expression."
Jerry Westlund, owner of local clubs including The Pony, called this an
attempt by uninformed lawmakers to shut the local business down.
"This is not an attempt to regulate, this is an attempt to run us out of
town," Westlund said. "Bad politics does not make good public policy."
Others were overjoyed. Community activist George Kuykendall has fought for
years to get tougher laws on the books.
"I urge the city to follow suit," he said.
-- Alex Doniach: 529-5231
More info:
NEW RESTRICTIONS
Highlights of the regulations for Shelby County's sexually oriented
businesses:
No alcohol sales or consumption on the premises.
Existing and future adult-oriented businesses must obtain licenses from a
new five-member citizen board, to be appointed by the county mayor.
All employees of the establishments, including dancers, will be required to
obtain an annual permit and undergo criminal background checks.
Certain criminal convictions, such as for prostitution, will keep women off
stripper poles. Club owners convicted of crimes potentially could lose their
license to operate in the county.
