The operators of a Milwaukee tavern that features erotic dancing are suing the City of Milwaukee, claiming its method of regulating such entertainment is unconstitutional.
The suit was filed in U.S. District Court by Six Star Holdings LLC and Ferol LLC. Those investment groups are led by Jon Ferraro, who operates Silk, an exotic dance club at 11400 W. Silver Spring Drive, and two similar clubs in Juneau and the Town of Middleton.
Ferraro and his partners this summer proposed two additional Milwaukee clubs featuring scantily clad dancers: Silk East, at 730 N. Old World 3rd St., and Satin, proposed for 117 W. Pittsburgh Ave., in the Walker's Point neighborhood.
The Common Council in September rejected applications for tavern licenses for both Silk East and Satin.
Those votes occurred one day after a pair of public hearings drew dozens of opponents. They said clubs that feature mostly nude dancing would hurt efforts to attract more downtown retailers, as well as more development in Walker's Point. Some said Satin would generate heavy traffic in the area, and opponents to both clubs said they were concerned about the effect on property values.
Ferraro and his attorneys said Satin and Silk East would have adequate security to prevent any problems. They cited Police Department records showing a lack of trouble at Silk and said opponents provided no evidence that the clubs would hurt property values.
The federal suit "is more than just about us making a profit or bringing jobs to the city, although that is certainly part of it," Ferraro said Wednesday, in an e-mail.
"We think that we have a constitutional right to put on this type of entertainment and that the people who do enjoy this type of entertainment have a constitutional right to come and see it, and that is what we are asking the court to rule on," he said.
City Attorney Grant Langley declined to comment, saying he hasn't had a chance to review the suit.
Among other allegations, the suit says the city's regulation of erotic dance is unconstitutional "because it lacks an adequate factual basis on which to base a reasonable belief that any problem actually exists" with taverns that offer such entertainment.
Ferraro and his partners are seeking an unspecified amount of damages tied to a loss of freedom of expression, and a loss of business profits, the suit says.
They're also seeking a judgment that orders the city to grant the tavern licenses to operate Silk East and Satin.
Kahoots Columbus was the one club that stood up and sued the city about the pasties rule. Guess how they paid for it? Raised the LD price from $25 to $30.