ANAHEIM : Adult-Business Ban Extended 45 Days

The City Council this week extended for 45 days a moratorium on the opening of any new adult-oriented businesses so the city attorney can have more time to fashion a new ordinance regulating strip clubs.

Federal and state courts ruled early last month that the city’s adult entertainment ordinance was unconstitutionally vague, an action that allowed two strip clubs to open. In response, the council on July 20 adopted a 45-day moratorium on such businesses, which was set to expire Sept. 3.

City Atty. Jack L. White on Tuesday asked the council to extend the moratorium to give him more time to craft a new and constitutional ordinance. Without the moratorium, the city could not have stopped additional adult entertainment businesses from opening.

In overturning the adult entertainment ordinance on July 12, U.S. District Judge Richard A. Gadbois Jr. ruled that such businesses are protected by the First Amendment and can only be restricted in specific and limited ways.

For example, the city could prohibit a strip bar from being within 500 feet of a school. However, the Anaheim ordinance sought to ban adult businesses if the were found to have an “adverse effect” on a nearby church, school, park or neighborhood.

His ruling allowed Sandraella’s--a westside bar formerly known as the Wounded Knee Saloon--to offer topless dancing.

Four days after Gadbois’ ruling, Superior Court Judge Richard O. Frazee Sr. cited it when he granted a temporary injunction allowing the Sahara Theater, an all-nude cabaret, to open in a small shopping center near Anaheim Stadium.

The moratorium does not affect either Sandraella’s or the Sahara Theater.