And the Beat Goes On, the Beat Goes On
City stymied by sexually oriented businesses' new tactics
Officials suing in bid to counter loopholes used by topless clubs, adult bookstores
By BRADLEY OLSON Copyright 2008 Houston Chronicle
Aug. 22, 2008, 11:44PM
NICK de la TORRE CHRONICLE
It was business as usual Friday for these clubs in Houston, months after the courts affirmed a 1997 city law against sexually oriented businesses operating too near to homes, schools and day care centers.
Houston has taken an aggressive stance in its decade-old battle to shutter topless bars and adult bookstores that operate too close to schools and day care centers, repeatedly arresting patrons and employees on charges of operating without a license or trafficking in illegal drugs or prostitution.
But nearly five months after winning the right to keep sexually oriented businesses at least 1,500 feet from residential neighborhoods, the city's officials have yet to close a single establishment.
The businesses have continued operating through a series of loopholes, claiming to be legitimate bookstores or "bikini bars" that do not need to be licensed.
So after more than 11 years defending its ordinance in various courts, the city is heading back to the courtroom — this time suing four businesses caught up in police stings, and hoping to shut them down for good.
The change in tactics was needed, city officials say, because police enforcement has not proved enough. Working undercover, Houston police have made numerous arrests. But because the charges often are misdemeanors, city officials have lacked the power to close the businesses.
"It's not like stopping somebody for speeding," said Patrick Zummo, an outside attorney the city has hired to help enforce its ordinance. "You have to do a lot of groundwork before you can proceed. It's frustrating that a lot of people seem to think this is all a fun-and-game business and the city is out there trying to shut down bachelor parties.
"We're talking about drugs and violent crime, all next to a residential neighborhood."
City Councilwoman Toni Lawrence has several sexually oriented businesses in her northwest Houston district.
"Just when you think you're going to close one down, there's always a loophole there," Lawrence said. "I get very frustrated by the stigma (these businesses) put on an area, when better grocery stores or department stores will move out of a shopping center."
Neighbor groups agree
She is not alone.
"I'm the first to tell you that I don't think the city should be shutting down businesses, but the area where those businesses are located is a high crime spot," said Bart Jones, president of the Briargrove Property Owners Inc. neighborhood association.
A community pool in that neighborhood sits a stone's throw from two adult businesses, one of them a topless bar. There are three such establishments operating within 1,500 feet of a school and two churches, Jones and Zummo said.
"It's not good because it's so close to kids," Jones said. "I get a lot of calls from homeowners closest to (the businesses), and they will always say that we've got to stop this, we can't have it."
The Penthouse Club, just around the corner from a pool in Jones' neighborhood, is among those the city is suing to close. In a petition filed in state district court, the city alleges the club is operating without a required license for sexually oriented businesses.
The city also contends that the club has been the scene of 15 offenses in the last 18 months, including drug-dealing, prostitution and aggravated robbery. Not all of the alleged crimes, however, resulted in arrests or convictions.
A hearing in the case is scheduled for Sept. 5, Zummo said. A lawyer for The Penthouse Club did not return a call seeking comment Friday.
Houston's law, passed in 1997, did not seek to ban sexually oriented businesses outright, but to keep them almost a quarter mile from schools, churches, day care centers and other such areas. A number of topless bars fought the ordinance and lost last August, exhausting their final appeal when the Supreme Court declined to take up the case in March.
Some of the bars, however, have fought the efforts with another lawsuit, saying the city must allow them enough time to recoup their investments. That case is pending.
Police turn up heat
Sgt. Janis Landry, an officer in HPD's vice division, said police are making arrests in similar businesses every week.
"When we go in there, we'll say they're operating without a license, and then they'll say, 'Oh no, we're a bikini bar now,' " Landry said. "They can call themselves a bikini bar all day long. I'm not sure what a bikini bar is, but our officers are finding that all the topless clubs, they're operating the same."
Police have stepped up enforcement efforts in recent months, but the businesses continue to operate, leading city attorneys to use much of the evidence collected for criminal cases in the upcoming civil suits.
"We can raid the same business every night and arrest the manager and they bond out of jail and it's just a misdemeanor," said Don Cheatham, a senior assistant city attorney who has led the legal fight. "They just go right back in business."
Officials suing in bid to counter loopholes used by topless clubs, adult bookstores
By BRADLEY OLSON Copyright 2008 Houston Chronicle
Aug. 22, 2008, 11:44PM
NICK de la TORRE CHRONICLE
It was business as usual Friday for these clubs in Houston, months after the courts affirmed a 1997 city law against sexually oriented businesses operating too near to homes, schools and day care centers.
Houston has taken an aggressive stance in its decade-old battle to shutter topless bars and adult bookstores that operate too close to schools and day care centers, repeatedly arresting patrons and employees on charges of operating without a license or trafficking in illegal drugs or prostitution.
But nearly five months after winning the right to keep sexually oriented businesses at least 1,500 feet from residential neighborhoods, the city's officials have yet to close a single establishment.
The businesses have continued operating through a series of loopholes, claiming to be legitimate bookstores or "bikini bars" that do not need to be licensed.
So after more than 11 years defending its ordinance in various courts, the city is heading back to the courtroom — this time suing four businesses caught up in police stings, and hoping to shut them down for good.
The change in tactics was needed, city officials say, because police enforcement has not proved enough. Working undercover, Houston police have made numerous arrests. But because the charges often are misdemeanors, city officials have lacked the power to close the businesses.
"It's not like stopping somebody for speeding," said Patrick Zummo, an outside attorney the city has hired to help enforce its ordinance. "You have to do a lot of groundwork before you can proceed. It's frustrating that a lot of people seem to think this is all a fun-and-game business and the city is out there trying to shut down bachelor parties.
"We're talking about drugs and violent crime, all next to a residential neighborhood."
City Councilwoman Toni Lawrence has several sexually oriented businesses in her northwest Houston district.
"Just when you think you're going to close one down, there's always a loophole there," Lawrence said. "I get very frustrated by the stigma (these businesses) put on an area, when better grocery stores or department stores will move out of a shopping center."
Neighbor groups agree
She is not alone.
"I'm the first to tell you that I don't think the city should be shutting down businesses, but the area where those businesses are located is a high crime spot," said Bart Jones, president of the Briargrove Property Owners Inc. neighborhood association.
A community pool in that neighborhood sits a stone's throw from two adult businesses, one of them a topless bar. There are three such establishments operating within 1,500 feet of a school and two churches, Jones and Zummo said.
"It's not good because it's so close to kids," Jones said. "I get a lot of calls from homeowners closest to (the businesses), and they will always say that we've got to stop this, we can't have it."
The Penthouse Club, just around the corner from a pool in Jones' neighborhood, is among those the city is suing to close. In a petition filed in state district court, the city alleges the club is operating without a required license for sexually oriented businesses.
The city also contends that the club has been the scene of 15 offenses in the last 18 months, including drug-dealing, prostitution and aggravated robbery. Not all of the alleged crimes, however, resulted in arrests or convictions.
A hearing in the case is scheduled for Sept. 5, Zummo said. A lawyer for The Penthouse Club did not return a call seeking comment Friday.
Houston's law, passed in 1997, did not seek to ban sexually oriented businesses outright, but to keep them almost a quarter mile from schools, churches, day care centers and other such areas. A number of topless bars fought the ordinance and lost last August, exhausting their final appeal when the Supreme Court declined to take up the case in March.
Some of the bars, however, have fought the efforts with another lawsuit, saying the city must allow them enough time to recoup their investments. That case is pending.
Police turn up heat
Sgt. Janis Landry, an officer in HPD's vice division, said police are making arrests in similar businesses every week.
"When we go in there, we'll say they're operating without a license, and then they'll say, 'Oh no, we're a bikini bar now,' " Landry said. "They can call themselves a bikini bar all day long. I'm not sure what a bikini bar is, but our officers are finding that all the topless clubs, they're operating the same."
Police have stepped up enforcement efforts in recent months, but the businesses continue to operate, leading city attorneys to use much of the evidence collected for criminal cases in the upcoming civil suits.
"We can raid the same business every night and arrest the manager and they bond out of jail and it's just a misdemeanor," said Don Cheatham, a senior assistant city attorney who has led the legal fight. "They just go right back in business."
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