Matthew's, Tyngsboro, MA -- The Legal Saga continues

Lowell Sun


Strip club lawyers ask judge to reverse nude-dance ruling

By ROBERT MILLS
Sun Staff


Friday, January 16, 2004 - TYNGSBORO Lawyers for Matthew's strip club have asked a judge to reconsider her previous ruling that the establishment does not have a right to operate with nude dancers.

In a motion filed yesterday in Middlesex Superior Court in Lowell, the lawyers asked Judge Elizabeth M. Fahey to reverse the ruling that tossed out a pair of lawsuits filed by the Middlesex Road club in 1994 and 2000. Meanwhile, club owner Donato DiRocco will have a hearing on a request for an additional license for regular entertainment at the club later this month.

Fahey threw out Matthew's lawsuits after ruling that the issues in both had already been decided by a federal court, and that state law did not offer the club more protections.

That legal victory emboldened the town to finally order a stop to nude dancing at the club in December. Previously, the club had been allowed to operate as the 10-year legal battle unfolded.

DiRocco has promised to appeal the case, and his appellate attorney, David Lewis of Cambridge, said this motion will not stop the case from going to the state Appeals Court.

All deadlines for filing an appeal will be on hold until this motion is decided, he said.

The town's attorney, Jonathan Silverstein of Boston, filed arguments against the motion yesterday, and said that from the town's perspective, Matthew's motion is not persuasive.

"They make various legal arguments but none of them should really change anything from our perspective," he said.

If Fahey rules against Matthew's motion, the case would move to the Appeals Court.

DiRocco said his attorneys are also preparing a motion that will seek an injunction against the town's order that nude dancing at the club cease and desist.

That order was delivered on Dec. 2. Matthew's has not had dancers since, but would be able to bring back nude dancers if the injunction is granted.

Such a motion would block enforcement of the cease-and-desist order until DiRocco appeals Fahey's ruling to the state Appeals Court, which he plans to do.

The request for an injunction has not been filed, but is in the works, DiRocco said.

DiRocco will also have a hearing before the selectmen on Jan. 26 on an application for a license to provide regular entertainment on the first floor of Matthew's.

He said the club's entertainment license only allows dancing and bands on the second floor, and he would like to get the first floor included as well. The license does not request permission to host nude dancing.

"It's just like one that any other place would have," DiRocco said. "It's nothing unusual."

He said he has not been able to give his former employees hours anymore, but that he remains technically open, and is having the club remodeled in preparation for the future or the return of nude dancing should he win an injunction.

Robert Mills' e-mail address is [email protected] .