City Told to Hold Hearing on Nude Spa

A Superior Court judge ruled Friday that the City of La Mesa can deny a business license to a nude spa run by a self-styled pastor of the Universal Life Church. But he said the city must first hold a hearing on the license denial.

Judge Mack Lovett said a hearing must be held by Aug. 26 to decide whether the spa violates a La Mesa ordinance that prohibits commercial activities “contrary to the public peace or morals.”

Both sides claimed victory after the decision. La Mesa Mayor Fred Nagel lauded the judge for “recognizing the validity of the La Mesa ordinance.” Thomas Homann, attorney for spa owner Thad Poppell, said he welcomed the chance to fight City Hall.

“I’m totally satisfied with (the decision),” Homann said. “The truth is on our side.” He said he expects the City Council to conduct an unprejudiced hearing despite the earlier license denial, but added, “It’s possible that we might see a kangaroo court because the mayor has been saying some inflammatory things.” Poppell could not be reached for comment Friday.

Poppell and city officials have traded strong words since the city turned down Poppell’s request for a business license for the Between the Two spa on La Mesa Boulevard. Nagel said businesses such as Poppell’s “ruin the moral fiber of our country.” Poppell suggested city officials should stop trying to be “witch hunters.”

Poppell was forced to close a nude spa on Wabash Avenue in San Diego. A “party house” he ran in Solana Beach led to his conviction for running a house of prostitution. Another spa, Thad’s Gallery, is still open on 5th Avenue in San Diego. The Universal Life Church that Poppell clams to be affiliated with dispenses minister’s credentials by mail-order. The Internal Revenue Service revoked its tax-exempt status last year.

Poppell’s license application described Between the Two as a “church-operated health spa,” but police officers who inspected the site were told that “all types of sexual activity were allowed and encouraged” inside.

Armed with that information and an advertisement for the spa in Swing, a sex magazine, city officials decided the spa was there to provide more than spiritual well-being.

Homann did not deny the city’s charges, but said, “that’s not something they have the authority to make illegal . . . It’s more than a hedonistic life style. It’s a political and social statement. It’s a crusade to (Poppell).”

Homann said he would argue in the hearing that the city would be overstepping its authority in withholding licenses to exclude undesirable businesses, and that Poppell’s right to operate is guaranteed by the First Amendment.