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Money talks. Good new for Atlanta club goers.

shadowcat

Atlanta suburb

Despite bribe charge, Brookhaven folds on Pink Pony case

In an astounding turn of events, the Brookhaven city council has surrendered to the Pink Pony strip club and will allow it to operate for six years in defiance of the city’s ordinance on sexually oriented businesses and in return for $250,000 a year to the city.

The action came after Brookhaven won a unanimous decision in the Supreme Court of Georgia upholding its ordinance. Ironically the deal became final Monday, the very day the Supreme Court refused to hear the Pink Pony’s appeal.

The drama began last week at the council’s Oct. 28 meeting when Councilwoman Rebecca Chase Williams called the payments a bribe.

“I consider any kind of payment outside of regular licensing fees to be a bribe,” she said.

Williams outlined the history of the Pink Pony’s agreement to pay DeKalb County $100,000 a year to operate outside the law. She told her colleagues that such settlements are coming back to bite other cities.

In Houston, El Paso and the county in which Myrtle Beach, S.C. is located, other strip clubs are suing on the basis that the settlement payments are bribes and violate the Equal Protection clause of the U.S. constitution.

“So here is my plea,” she said. “We won. Let’s enforce the law and uphold the constitution, which poses no liability for the city. Let’s be true to our promise to limit the negative effects of sexually oriented businesses in Brookhaven.”

Williams went on to say that in the city’s brief two years, the Pink Pony has paid the city $26,000 in alcohol excise taxes and $242 in city property taxes.

Mayor J. Max Davis called her comment about a bribe “irresponsible.” He said he believed in communication.

“I’ll never be close-minded to anyone who wants to reach out to me or the city,” he said.

Later in the meeting, the council voted 3-1 to draft a non-disclosure agreement that negotiations could proceed with the Pink Pony behind closed doors. It was introduced by Councilman Bates Matteson and seconded by Joe Gebbia.

By Monday, an agreement was in place. It is for seven years and the $250,000 annual payment. The Pink Pony also agreed to donate land along Peachtree Creek for the city to build a linear park. The club agreed to donate $75,000 to the project.

It also agreed to “self-report” any violations of the city’s ordinance on touching or fondling or more.

But Williams points out it will continue to defy the ordinance that bans the sale of alcohol where nude dancing takes place.

Mayor Davis says the $250,000 will be used to beef up city policing, enforcing the agreement and controlling secondary negative effects of the business.

The council was to vote on the settlement Tuesday night. Its passage is assured.

Mayors of several other cities were contacted and opposed the Brookhaven action but would not comment on the record.

One who did not wish to be identified said, “If I want to sell drugs in Brookhaven, can I just pay the city a fee and set up shop?”