Bada Bing employees filed lawsuit for violation of First Amendment rights.
Philip A. Stein
I lifted this story from twosheds.com. This i JudyJudy's club, wonder if she's a plaintiff.
By Nate Stemen
The News-Herald
LINCOLN PARK –– Five Bada Bing! Lounge employees have filed a lawsuit against the city for violation of First Amendment rights.
According to city ordinances, owners and full-time employees of adult cabarets must register with the city and pay a fee.
The lawsuit says that the plaintiffs engage in dance intended to convey an erotic message, which is expressive conduct protected by the First Amendment of the U.S. Constitution and therefore they should not have to register.
No court dates have been set.
The purpose of the ordinance, according to the city, is to establish reasonable and uniform regulations to minimize and control the negative secondary effects of adult cabarets in order to promote the health, safety and public welfare of the city.
The lawsuit also says the city has systematically and continually enforced the ordinances against the plaintiffs, but has refused to enforce the same against employees at the Larry Flynt Hustler Club.
City Attorney Edward Zelenak said the Hustler Club is not governed by the city alone because it is a topless club and has a liquor license. Therefore, it answers to the state and the city. Bada Bing! does not have a liquor license because it is a fully nude club, and it is governed by the city.
“We are going to file a motion to dismiss,†Zelenak said. “It doesn't belong in the courts.â€
Attorney Craig Tank, who represents the plaintiffs, said the fact that the employees have to register with the city is unconstitutional because their craft is a form of expression and protected by the First Amendment.
Zelenak said he is confident the case will be dismissed.
Two of the plaintiffs — Ariana York, 21, of Warren and Henry Ramirez, 33, of Lincoln Park — pleaded guilty to violating the city's adult cabaret ordinance and were ordered to pay $100 fines in May 2009.
They also had to pay $75 to become licensed with the city if they want to work in an adult establishment in the city.
Contact Staff Writer Nate Stemen at [email protected] or 1-734-246-0882.
By Nate Stemen
The News-Herald
LINCOLN PARK –– Five Bada Bing! Lounge employees have filed a lawsuit against the city for violation of First Amendment rights.
According to city ordinances, owners and full-time employees of adult cabarets must register with the city and pay a fee.
The lawsuit says that the plaintiffs engage in dance intended to convey an erotic message, which is expressive conduct protected by the First Amendment of the U.S. Constitution and therefore they should not have to register.
No court dates have been set.
The purpose of the ordinance, according to the city, is to establish reasonable and uniform regulations to minimize and control the negative secondary effects of adult cabarets in order to promote the health, safety and public welfare of the city.
The lawsuit also says the city has systematically and continually enforced the ordinances against the plaintiffs, but has refused to enforce the same against employees at the Larry Flynt Hustler Club.
City Attorney Edward Zelenak said the Hustler Club is not governed by the city alone because it is a topless club and has a liquor license. Therefore, it answers to the state and the city. Bada Bing! does not have a liquor license because it is a fully nude club, and it is governed by the city.
“We are going to file a motion to dismiss,†Zelenak said. “It doesn't belong in the courts.â€
Attorney Craig Tank, who represents the plaintiffs, said the fact that the employees have to register with the city is unconstitutional because their craft is a form of expression and protected by the First Amendment.
Zelenak said he is confident the case will be dismissed.
Two of the plaintiffs — Ariana York, 21, of Warren and Henry Ramirez, 33, of Lincoln Park — pleaded guilty to violating the city's adult cabaret ordinance and were ordered to pay $100 fines in May 2009.
They also had to pay $75 to become licensed with the city if they want to work in an adult establishment in the city.
Contact Staff Writer Nate Stemen at [email protected] or 1-734-246-0882.
8 comments
another bunch of blue-nosed yahoos trying to save all us unwashed heathens from ourselves. geez, can't these dopes just shove a sock in it?
Hmmmm, interesting case, but they will likely lose IMO. One has to register with the authorities in many cities & towns in order to protest something & that's protect speech under the 1st Amendment.
"The lawsuit also says the city has systematically and continually enforced the ordinances against the plaintiffs, but has refused to enforce the same against employees at the Larry Flynt Hustler Club."
LOL...that's the "Hey, that guy was speeding too, but you didn't pull *him* over officer?!". That argument will go nowhere unless they can prove that somebody in the govt. had it in for them at the Bada Bing.
The most common reason I've seen given for protest registration requirement is so that the municipality can evaluate whether or not resources, services or law enforcement will be required to be present at the time. It's not a "permission" thing so much as a "you might be unpopular so we might have to safeguard you" thing. If there's a similar reason in place here, I'd essentially agree. If the city can't come up with a reason for requiring registration other than "we don't like what you're doing and want to make sure we know who you are," well, maybe and maybe not. I've seen them go both ways.
<<"...but has refused to enforce the same against employees at the Larry Flynt Hustler Club.">>
<LOL...that's the "Hey, that guy was speeding too, but you didn't pull *him* over officer?!".>
Not quite the same thing. It's physically very difficult, many times impossible, for a single officer to pull over multiple traffic violators, unless they decide to cooperate.
On the other hand, a city law enforcement organization that can't investigate two clubs at the same time is somewhat less plausible. However, even if the defense is correct in that regard, it *is* ChicagoLand, so they can probably produce whatever investigation reports they need to prove they've been investigating both clubs all along, right? Even if they have to "back date" the reports. :)
I think this is basically true. I'm not personally opposed to having a registry for sex workers. Whether the USA legalizes prostitution or not, having a registry of people that are involved in sex work makes sense from a public (health) safety perspective. You wouldn't want known criminals or people that had communicable diseases employed in the sex trade IMHO.
"It's physically very difficult, many times impossible, for a single officer to pull over multiple traffic violators, unless they decide to cooperate."
The same could be said about policing many different strip clubs in a municipality. The police can't be everywhere at once, unless the residents of a community want to hire a hell of a lot more cops.
"However, even if the defense is correct in that regard, it *is* ChicagoLand"
I thought this was in MI?