Nude Venue Opens After Long Battle

After more than two years of legal battles with the city, a restaurant with live nude entertainment has opened.

Owners of Mermaid, which opened Feb. 9 at 4248 MacArthur Blvd., had fought since November 1993 for permission to operate in Newport Beach. Meanwhile, city policy makers had drafted and redrafted adult-business laws to restrict such establishments.

On Jan. 23, however, Judge John C. Woolley of Orange County Superior Court overturned a portion of the city’s ordinance, allowing Mermaid to open.

“The city doesn’t want adult entertainment in Newport Beach, but as long as it’s part of California, they are going to have it,” said Ron Talmo, the attorney representing Mermaid, which has filed four lawsuits against the city.

“We are complying with all the city’s operating requirements except with the nudity ordinance because Woolley ruled that it was unconstitutional,” Talmo said.

On Monday, the City Council gave a second reading to an amendment to the city’s public nudity code that would further restrict licensing for nude-entertainment businesses. It is set for final approval Feb. 26.

Jeff Goldfarb, the city attorney handling this case, said in a press release Thursday that the city is pursuing an appeal of Woolley’s order.

“Newport Beach has been at the forefront of cities in adopting adult-oriented business regulations designed to eliminate the harmful secondary effects caused by such businesses,” Goldfarb said.

The city ordinance contains examples of such consequences, including increased crime, adverse effects on the city’s image and reduction in property values.

“I regret that the Mermaid is now operating,” Mayor John W. Hedges stated in the press release. “But we view this only as a minor setback.”