SIMI VALLEY : Developer Sues City Over Nude Club Ban

A Las Vegas real estate developer has filed a $1.5-million lawsuit against the city of Simi Valley, alleging the city violated his rights when it blocked his plans to build a nude dance club in town.

The developer, Philip Young, had received a zoning clearance in early 1993 for an 11,000-square-foot club to be built in a former strip mall at 999 Los Angeles Ave.

But city officials soon revoked his zoning clearance and then in April approved a strict ordinance limiting adult entertainment, which eliminated the possibility of future approval for the club.

At that point, Young backed away from his plans and decided not to buy the mall.

Last week, Young’s attorney filed a lawsuit in federal court stating that the city violated Young’s rights to free speech and due process when it revoked the zoning clearance.

Young did not act sooner, his attorney Roger Diamond said, because he was depressed about his lost opportunity and believed he had no further recourse at the time.

“Generally in cases like this, we ask for an injunction so that the project can go forward,” said Diamond, who has represented hundreds of adult bookstores and nude dance clubs in Southern California.

“But because now the building is occupied by a pet store the only remedy is to seek damages.”

The city’s adult entertainment ordinance that was passed right after Young’s zoning clearance was pulled, prohibits sexually oriented bookstores, movie theaters, nightclubs and related businesses from opening near a residential area, a youth-oriented business, a school, a park or a place of worship.

“The U.S. Supreme Court has said that a city cannot--under the guise of a zoning ordinance--make it impossible for this kind of business to go forward,” Diamond said.

“But this isn’t about zoning. Mr. Young could have gone forward. He was in a legal location, but they canceled their approval without a hearing and then zoned him out.”

Simi Valley City Atty. John Torrance declined to comment.