Ruling Clears Way for Escondido to Halt Dancing at Gay Cafe

A Vista Superior Court judge refused to grant a temporary injunction Thursday that would have prevented the city of Escondido from halting dancing at Panchelli’s restaurant, an eatery frequented by homosexual patrons.

The business, on South Escondido Boulevard, has been attempting to convert from a restaurant to a cabaret, where dancing is allowed and where alcoholic beverage sales are not limited to the amount of food purchased.

Judge Jeffrey T. Miller, in a written ruling, said that social dancing is not an activity protected under the First Amendment to the U.S. Constitution.

Tom Homann, attorney for Panchelli’s, had argued in his suit against the city of Escondido that dancing, a method of artistic expression, was a constitutional right and had asked the court to enjoin the city from restricting the activity at the restaurant.

Homann claimed that city officials--”a bunch of small-minded bigots”--had refused to grant Panchelli’s a cabaret license because of its homosexual clientele.

Attorneys for the city said the establishment had been operating as a cabaret--allowing dancing and live entertainment--for some time.

Jeff Epp, deputy city attorney handling the case, applauded Miller’s ruling, pointing out that “if recreational dancing is to be considered a constitutional right, then any form of social behavior could be considered a constitutional right.”

Panchelli’s also has been notified by the state Alcoholic Beverage Control Department that the establishment is in violation of state liquor license laws because it sells more liquor than food, but holds a license that requires that liquor sales cannot exceed food sales.

Homann, who could not be reached for comment Thursday, said earlier that the city was harassing Panchelli’s management because of the restaurant’s reputation as a gay bar.