Week in Review : MAJOR EVENTS, IMAGES AND PEOPLE IN ORANGE COUNTY NEWS : CITIES : Santa Ana to Pay Adult Cinema $50,000 to Cover Legal Costs

The City of Santa Ana will pay over $50,000 to the Mitchell Brothers Theater as reimbursement for legal costs the X-rated cinema paid to successfully defend its right to do business, under a ruling by an Orange County Superior Court judge.

The ruling prompted some city officials to concede that, after more than 10 years of a mostly fruitless legal battle to shut down the adult theater, they might be ready to give up after filing more than 40 lawsuits at a cost of more than $400,000.

The $50,000 in fees approved by Orange County Superior Court Judge Claude M. Owens covers costs in only one of dozens of lawsuits the city has filed over the last 11 years in its continuing crusade to shut down the theater.

Owens brushed aside arguments from James J. Clancy, the city’s private lawyer, and ordered payments of $50,210 to seven attorneys who have represented the Mitchell Brothers. The theater owners had requested $123,902.53.

Clancy had argued that forcing the city to pay defense costs as well as for the prosecution would discourage the city’s efforts.

“In fact,” Owens wrote, “the opposite is the case. For the past 10 years (Santa Ana) and its attorney have not been discouraged from suing (Mitchell Brothers) to close the theater despite the unbroken string of adverse rulings by all courts that have ruled on (Clancy’s) suits over those years.”

The theater also was awarded attorney’s fees in another case, but a hearing to determine the exact amount is pending.

Last year, the City Council voted to make $300,000 in public funds available to continue Clancy’s closure efforts.

In finding in favor of the Mitchell Brothers last year, Owens has denied city requests for various forms of relief, including closure and revocation of the business license.

Mitchell Brothers attorney Tom Steel said he was pleased with the decision and said the fact that he didn’t get the entire amount requested is “not uncommon” in attorney fees hearings.

Clancy could not be reached for comment.

But City Council members seemed ready to put an end to the legal fight. “I think we all agree that this is ineffective. So I’m not in favor of continuing a fruitless court battle,” said newly elected Councilman Miguel Pulido. “This has gone 10-plus years now and the city needs so many other things. I think you reach a point where you have to say ‘No more good money after bad.’ ”