Memphis Platinum Plus

Strip clubs could go dry
County ordinance would include ban on alcohol
By Michael Erskine and Trevor Aaronson
May 27, 2007
An ordinance that would dry out Memphis strip clubs -- ending the sale and consumption of alcohol inside the smoky, dimly lit businesses -- is set to hit the Shelby County Commission's agenda next month.

Applying to sexually themed bookstores, movie theaters, escort services and massage parlors, the proposed law would strictly regulate the local adult industry and could make it difficult for Memphis' notoriously naughty strip clubs to keep raking in dollar bills.
In addition to a prohibition on alcohol sales, the proposed ordinance's requirements include:

Existing and future adult-oriented businesses would have to obtain licenses from a new five-member citizen board, to be appointed by the county mayor.

All employees of the establishments, including dancers, would be required to obtain an annual permit, subjecting them to criminal background checks.

Certain criminal convictions, such as for prostitution, would keep women off stripper poles. Club owners convicted of crimes potentially could lose their license to operate in the county.

Approving the ordinance would require a two-thirds vote of the 13-member County Commission as mandated by a special state law. The commission is scheduled to hear it on the first of three readings on June 11.

The law would apply to Memphis and the unincorporated areas of Shelby County, according to the County Attorney's Office. But it would not be effective in the county's other municipalities because they've already adopted similar laws.

Opposition to the measure, including the possibility of costly litigation, is anticipated.

"These people are going to fight us with everything they've got -- and these people have untold resources," said the proposal's sponsor, Commissioner Mike Ritz.

The ordinance would take on the provisions of the Adult-Oriented Establishment Registration Act of 1998, a so-called "local option state law" that counties can adopt. It's been used by counties across the state and has withstood at least two legal challenges.

Ritz has spent the past few months consulting local law enforcement officials and attorneys about the law.

"I think it's a worthy initiative," said Sheriff Mark Luttrell.

"It's an area where I think we certainly need some strong oversight, strong controls, and I'm willing to do my part to make it work."

Dist. Atty. Gen. Bill Gibbons, who said he's "very supportive," said the law would "help tremendously in curbing certain types of illegal activities in the clubs," particularly prostitution and other sex crimes.

"We would need to continue using our nuisance law aggressively to go after illegal drug activity, as well as violence," Gibbons added.

But the act's alcohol ban is a concern for Memphis Police Director Larry Godwin.

"I'm not trying to put any business out of business. I just want them to operate legally," Godwin said. He added, however, that he would enforce whatever laws are on the books.

Strip club owner Charles "Jerry" Westlund, who operates The Pony, Downtown Dolls and the recently shut-down Black Tail Shake Joint, said he's for "a fair and balanced regulation" in Shelby County.

That isn't what will come of the proposed law, Westlund contended.

"You've got a lynch mob right now," Westlund said, adding: "These are the actions of overzealous, headline-chasing politicians. They're going to make a bad law, and then we're going to have to argue about it in court."

Responded Ritz: "I don't mind being called overzealous by him."

The constitutionality of the ordinance likely will be questionable, said Edward Bearman, Westlund's attorney.

"There are a lot of people in different states claiming these ordinances have passed constitutional muster," Bearman said. "But the records I've seen are generally bits and pieces of ordinances that have survived constitutional challenges, but when put together as a total do not necessarily guarantee that they survive."

Currently, all of the area's strip clubs are located in the Memphis city limits. Their operating licenses are regulated through the Memphis Alcohol Commission, whose primary recourse against legal violations at the clubs is to levy fines against the owners.

Questions remain about the role the City Council will play if the ordinance is adopted by the county.

The council, however, may seek to rescind an adult business ordinance on the city's books to make it clear the county law rules. In 1995, the city was enjoined from enforcing certain provisions because of issues of constitutionality.

Councilman Myron Lowery, who has met with Ritz about the ordinance, said the proposal "shows what I consider to be out-of-the-box thinking." But he's not sure the city will "want to give up any authority" over strips clubs.

"Whatever happens, Memphis will have to buy into it," he said.

The county ordinance is the latest salvo in what has become a multi-agency battle against the city's strip clubs, which for years have had reputations as anything-goes party dens.

On Dec. 9, 2006, following an undercover sting focusing on drugs and prostitution, federal authorities and Memphis police officers raided and shut down Platinum Plus and Tunica Cabaret and Resort.

Ralph Lunati, the longtime doyen of Memphis' adult-entertainment industry who is now under IRS investigation, owned both clubs.

Just days after the raid, Eric Damian Kelly, a consultant for the city-county Office of Planning and Development, presented the findings of his $38,000 inquiry of the city's adult-oriented businesses.

He reported widespread violations at all of the city's clubs, particularly at Platinum Plus, where the consultant said he witnessed live sex shows.

Saying Memphis strip clubs operated unchecked, Kelly recommended in December that local lawmakers adopt the ordinance Ritz is proposing.

Controversy over the clubs surfaced again in April following allegations that strip club owner Steve Cooper may try to open a club in Cordova.

Cooper is constructing a windowless building at 7955 Fischer Steel, near Germantown Parkway, which he says will be an Italian restaurant. Many residents and politicians, however, believe Cooper has other plans.

With suspicions swirling, the County Commission unanimously passed a resolution this month urging Cooper to use the property in a "lawful" manner -- meaning it could be a restaurant but not a strip joint.

Ritz said the unanimous vote on that matter signaled good chances for his proposed ordinance.

"Frankly, if you care about the true victims, the girls (who dance at topless clubs), you've got to do this," Ritz said.

"Almost without exception, these girls were sexually abused by a family member ... and have an addiction to drugs or alcohol. These clubs feed on that. It's a vicious cycle."

-- Michael Erskine: 529-5857

-- Trevor Aaronson: 529-2864

More info:

crackdown on adult industry

Ordinance highlights:

Applies to strip clubs and sexually themed bookstores, movie theaters, escort services and massage parlors.

Alcohol could not be sold or consumed on the premises.

The businesses must obtain licenses from a new five-member citizen board.

All employees of the establishments, including dancers, must pass criminal background checks and obtain permits.

Club owners convicted of crimes potentially could lose their license to operate in the county.

Dancers must cover their nipples and pubic areas. By contrast, under current regulations, dancers are allowed to go topless but must wear bottoms.

"I think it's a worthy initiative. It's an area where I think we certainly need some strong oversight, strong controls, and I'm willing to do my part to make it work."

Sheriff Mark Luttrell

I found this while searching Google for TUSCL.

"An ordinance that would dry out Memphis strip clubs -- ending the sale and consumption of alcohol inside the smoky, dimly lit businesses -- is set to hit the Shelby County Commission's agenda next month."

IIRC, many were neither smoky nor dimly lit. That is poor journalism.

"Applying to sexually themed bookstores, movie theaters, escort services and massage parlors, the proposed law would strictly regulate the local adult industry and could make it difficult for Memphis' notoriously naughty strip clubs to keep raking in dollar bills."

Again, the clubs were not notoriously naughty, nor did they rake in dollar bills. This is yellow journalism at its worst. What publication was this in?

I should have mentioned the source. Commercialappeal.com. I didn't post it as an example of poor writting. Just as an FYI. Ohio is next???

You actually mean......... The Communist Appeal ! ! !

Two black strippers at Dollie's told me that all the Memphis clubs have closed and that any that want to reopen will have the police monitoring them like hawks. Is that true?

Personally I don't agree with prostitution (where it's illegal) or drug use. Maybe there should be a criminal background check. If that's what it takes to keep clubs open then fine. But I think that anyone on the "review panel" must have "stripper" or "strip club employee/owner" in the work experience section of her/his resume.

Amazing how rapid they are to spout party-line about the "evils" of a sex-related business. It's just too easy for them, I guess.

I happen to know a journalist in Memphis (not with the Commercial Appeal) who is also (at least, in his non-professional life) rather strip-club friendly. That man could lap the hide off a VIP room couch! I think I'll back-channel him off the record and see if I can get some further info on why the C.A. is so ready to throw the baby out before even considering the bath water ...

I have never visited a strip club in Memphis, but the same thing is going on in Alabama. It is now illegal to be topless in a bar as a form of employment, meaning the girls who work in clubs either have to keep their tops on, wear pasties, or latex paint over their nipples to avoid being arrested and fines. Personally I think there are way more pressing problems in Alabama such as unemployment, the poor education system state-wide, and etc. Especially since the revenue from such clubs generate millions of $$ for the govt.

Totally agree fxxychick! It's funny how they word these "can't be topless" laws, but get around the law by wearing pasties or latex paint (which still shows the nipples). Hell, the nipple (in most cases) only accounts for, what.... 2% of the entire boob area?

All strip clubs generate money (taxes, licenses, fees) for their state revenue. Why are these politicians shooting themselves in the foot on cutting state revenue? Why.... because they're listening to their "bible thumping" constituants, that's why! "We want to please OUR VOTERS", even if it means OUR STATE going broke! HA!

Although I sympathize, the revenue generating benefit always seems to me like a weak defense of strip clubs. The same case could be made for any other kind of activity that's opposed as a vice: drugs, gambling, prostitution all could generate tax revenue if they were legal. Plus, so much of the cash that changes hands between strippers and customers never gets reported. What is contributed in taxes may sound like a lot, but on a statewide basis, it's too tiny a percentage to change anybody's mind.

chandler - You are correct that the amount may not change anyones mind however the cumalative effect of losing revenue from legal sex related industries that have to close down or cut back because of these restrictive laws eventually bites the communities right in their behinds. Eventually all the revenue from these types of business's disappears and there is no money for schools, police and other services. Cash that trades hands between me and a stripper gets spent. Most of the strippers I know are consumers they spend there cash on clothes, cars day care etc. They are not all irresponsible drug users and prostitutes as the media likes to portray them. This cash flow in the local community also disappears. Eventually like when any industry closes down you and I have to make up for this loss of revenue by paying higher taxes. More importantly where do these people come up with the idea that they can tell me how to live my life. In other words I never got to Memphis or Tunica when it was happening.

Greg, I agree that the lost business can have a big effect on a small community. I know of a couple of small towns next to East St. Louis whose whole economy seems to depend on their strip clubs. You can be sure they aren't about to restrict their own clubs into closing down. But if it happened as a result of a new state law, the statewide effect would be negligible. So I question whether it's any use to try to make an issue of the economic impact on a statewide debate.

chandler - Which small towns next to East St. Louis are you talking about. Give me the club names and I'll make a point to visit them. I don't mind contributing to the town's economy.

Bones: In Washington Park, IL - Dollies, Miss Kitty's, Hollywood & Chameleon. I avoid Larry Flynt's.

In Brooklyn, IL - PT's, Roxie's, Bottoms Up & Pink Slip, if you're feeling adventurous.

chandler - Thanks good buddy. I posted your info in my club folder for future reference.