LA HABRA : Suit Seeks Approval for Nude Club Permit

A business partnership denied permission to open a nude dance club has filed a lawsuit against the city in the hope that a federal court will overturn La Habra’s decision.

Filed this week in U.S. District Court in Los Angeles, the lawsuit alleges that the City Council’s decision to deny a permit to the Pelican Theater is unconstitutional.

Roger Jon Diamond, a lawyer for the group seeking the permit, said he expects a victory. He won a similar case last month in which a topless bar, Scamps, was allowed to open in Westminster.

In that case, a federal judge in Los Angeles ruled that Westminster officials concocted reasons to deny the nightclub an operating permit. Westminster officials had argued that Scamps had not made adequate provisions for parking and that the business had the potential for attracting crime.

Cities cannot ban adult businesses but can limit them to certain areas of town and impose other regulations.

When La Habra officials rejected the Pelican Theater’s application, they also stated that the proposal for the club did not provide adequate parking space. Many residents have urged the City Council to refuse the theater a permit, saying that such a club would be indecent and immoral.

Diamond said La Habra’s case is similar to the one in Westminster.