Stanton : Judge: Nude Dancing Violates Ordinance

A federal judge in Los Angeles decided Monday that a Stanton comedy club may not feature nude dancers because it is too close to a residential area and would violate a city ordinance.

The owners of the Fun House, David Amos and Edward Fischer, plan to fight the ruling but have not decided whether to reopen for business, according to their attorney, Roger Jon Diamond.

Nude dancers performed at the club on March 15, but the next day the club shut down on city orders. The Fun House first opened in February on Beach Boulevard, and after a few weeks the owners decided to seek more customers by converting to nude dancing, Diamond said.

In court Monday, Diamond challenged the city ordinance on adult entertainment, saying the restrictions in the ordinance are so severe that they effectively prohibit such businesses from operating. He said such a prohibition would violate his client’s First Amendment right to offer nude dancing, a protected form of expression.

Among other things, the ordinance says adult entertainment may not be operated within 300 feet of residences. The Fun House, at 11572 Beach Blvd., is closer than 300 feet to housing. Diamond said no other site in the city would be approved for the club because of parking and other requirements.

U.S. District Judge Edward Rafeedie denied Diamond’s request for a preliminary injunction against the city, which would have allowed the club to operate temporarily.

In written testimony, city Planning Manager Mark D. Lloyd said there are plenty of sites in Stanton where the Fun House could operate and be in compliance with the adult entertainment ordinance, according to Deborah Fox, who represented the city.

Rafeedie found the ordinance constitutional, Fox said.

“I think the court said it well,” Fox said. “Factually and legally, (the Fun House owners) were just not entitled to any preliminary injunction.”

Diamond said he plans to pursue the issue in court, where he would like to cross-examine city officials.

“It’s deceptive to say that a property is available when all they mean is that it is 300 feet away from a residential property,” Diamond said. He said the ordinance also requires sufficient parking, large enough streets to handle traffic generated by the business, and compatibility with surrounding businesses.

“The court simply rejected his argument,” Fox said. “There are a number of sites that have parking.” She noted that many sites are available on Beach Boulevard and Katella Avenue. “He’s simply grasping at straws.”