Hearing Scheduled in Strip Club Dispute

A federal district judge will hear a motion next month that could end the struggle between the city of Simi Valley and a local businessman who wants to open a strip club.

Judge William Rea will hear the motion, filed by attorney Roger Diamond for Simi Valley businessman Phil Young, on July 21. It follows a mistrial last month in a suit Diamond brought against the city for twice denying him a permit to open his strip club.

Young began his quest to operate a Simi Valley strip club in February 1995. His request was denied by both the Planning Commission and the City Council because of the proposed club’s proximity to a Bible school and a karate school.

At issue in the July 21 hearing is the city law that makes it illegal to operate adult-only businesses within 500 feet of a church, park, school or other business that focuses on children. Young contends that the law violates his civil rights.

In filing the current motion, Diamond hopes the judge will rule on the validity of the city’s law.

“This ordinance is invalid to the extent it allows a sensitive use, like a church, to come in at the last minute and preempt the permit” for the adult-only use, Diamond said. “This could happen over and over again, even if it’s a church with five folding chairs and a card table. If the city believes that’s a church, it can instantly knock out an adult theater.”

Bert Deixler, the attorney representing Simi Valley, called Diamond’s motion “old wine in a new bottle.”

“He’s made this argument three times before and gotten nowhere,” Deixler said. “I have no reason to think Judge Rea will change his mind at this time.”