ANAHEIM : Bar Can Offer Nude Dancing, Judge Rules

After finding the city’s adult entertainment ordinance to be unconstitutionally vague, a federal judge has ruled that a west side bar can offer topless or nude dancing.

U.S. District Judge Richard A. Gadbois Jr. ruled this week that the ordinance keeping dancers at Sandraella’s clothed in bikinis violates federal court decisions protecting nude and semi-nude dancing as a form of free speech.

Within hours of the decision, the women dancers at Sandraella’s--formerly known as the Wounded Knee Saloon--doffed their tops, the bar’s attorney said, although the judge’s decision does not take effect until next Thursday. The bar’s action makes it the only topless or nude establishment in the city.

Gadbois wrote in his decision that the ordinance was vague because it allowed the city to deny a business an adult entertainment license, which it requires for nude or topless dancing, if the City Council or Planning Commission found that the performances would be “detrimental to the peace, health, safety and general welfare” of the surrounding neighborhood or would “adversely affect” a church, school or park.

The judge wrote that the provisions gave “excessive discretion” to the council and commission to ban nude dancing simply because the members do not like it.

“The Constitution does not allow the city to regulate these types of businesses on the basis of the content of their speech,” Gadbois wrote. “The city cannot deny (an operating license) for an establishment exhibiting nude dancing on the grounds that the city finds nude dancing to be offensive and of little value.”

City Atty. Jack L. White said Wednesday that he was disappointed by the decision, but that it has not been decided whether the city will appeal. He said it is also unclear whether the city will attempt to enforce the ordinance against Sandraella’s in the week before Gadbois’ decision takes effect.

“But I think it is clear that the owners are in violation of the law,” White said.

White said the court’s decision applies only to Sandraella’s, at 815 S. Brookhurst St., and not to others who are attempting to open nude cabarets in the city.

Robert and Sandra Dease, the owners of Sandraella’s since 1991, said in court documents that they sued the city because business at the bar was damaged because topless dancing was forbidden without an adult entertainment permit. They said they had never applied for the permit because they knew the council would deny their request.

They had been featuring dancers clad in bikinis, and claimed the women employees were quitting because they were not getting enough tips.

G. Randall Garrou, the bar’s attorney, applauded the decision Wednesday. He said that under the Constitution, topless bars have as much right to a business license as any other company. He said that cities can put “justifiable” and specific restrictions on adult businesses, such as keeping them more than 1,000 feet from schools, but that Anaheim’s ordinance was too vague.

“This ordinance allowed uncontrolled, free-wheeling censorship,” Garrou said.

He said the Deases may soon begin offering nude dancing if they decide to give up their liquor license. State law forbids nude dancing in an establishment that sells alcoholic beverages.