Topless Club Denied Waiver

The Los Angeles City Council on Wednesday denied a request by a North Hollywood topless cabaret that it be exempted from a city law that bars sexually oriented businesses from operating near residential areas.

By a 13-0 vote, the council rejected Star Garden’s request that it be spared from having to comply with a 1986 city ordinance that prohibits such businesses within 500 feet of residentially zoned property. Star Garden is at 6630 Lankershim Blvd.

But within hours of the vote, a federal judge issued an order blocking enforcement of the council’s action after Star Garden attorney David Brown claimed the measure violated his client’s First Amendment rights.

Star Garden had argued to city officials that it could not find a “reasonably available” alternative site in the city. The ordinance provides for such exemptions.

But in administrative hearings at City Hall, zoning officials had argued that abundant locales existed where the topless cabaret, located in North Hollywood for nine years, could comply with the ordinance.

The court order blocking enforcement of the council’s decision was issued by U.S. District Court Judge Richard A. Gadbois. Gadbois is also reviewing a lawsuit brought against the ordinance by two dozen other sex stores and theaters.