Ruling Clears Stage for a Topless Bar in Tarzana

A Superior Court judge has overturned the recent Los Angeles City Council decision prohibiting a Tarzana bikini bar from going topless, but city officials said Monday they still hope to block the change.

Judge Dzintra Janavs ordered the City Council to set aside its Dec. 15 action denying permission for Dino’s Show Bar on Oxnard Street to convert to topless dancing. She ruled the city failed to show that there are other locations in Los Angeles where such a constitutionally protected business could operate legally.

“Although reasonable people may question the wisdom of placing the burden on the city to find and identify specific available business locations for adult businesses, precedent, which this court must follow, so holds,” Janavs said in the ruling dated Jan. 28 and received by attorneys over the weekend.

Roger Diamond, an attorney for the Oxnard Street bar, said he believes the ruling requires the council to grant permission for topless dancing.

But Deputy City Atty. John Cotti said the judge remanded the issue back to the council, which could still revisit the application and provide the proper evidence to ban topless dancing in conformance with the judge’s order.

“She wants the council to make the proper findings first,” Cotti said. “I don’t think we will have a problem.”

The council denied a request by the bar for an exception to operate an adult business within 500 feet of homes, saying it believed there were plenty of other locations where the business could operate more than 500 feet from residential neighborhoods.

But Diamond argued that because topless entertainment is constitutionally protected free speech, the city had an obligation to identify the alternative locations.

“The burden was on the city to demonstrate where there are places for us,” Diamond said. “In my opinion, the judge’s order gives us the exception.”

In granting the order, the judge gave Diamond until Feb. 9 to file a new proposed judgment.

“It’s an existing bikini bar so it is not like we are making a drastic change in the neighborhood to go topless,” Diamond said.

The court decision frustrated city officials and residents who had fought the bar.

“I’m disgusted,” said Helen Itria Norman, president of the Tarzana Property Owners Assn. “It’s of great concern to the homeowners because it’s an inappropriate location for that kind of business.”

Councilwoman Laura Chick of Tarzana said she has asked the city attorney to do whatever is necessary to make sure the council action is upheld.

“This is unfortunate news for the residents who have overwhelmingly supported the council’s action to oppose topless dancing at that bar,” Chick said.

Janavs said the courts have spoken clearly on the issue of adult entertainment.

“Adult entertainment, including an entertainer’s right to bare breasts, is constitutionally protected, although the majority of the U.S. Supreme Court . . . observed that ‘few of us would march our sons and our daughters off to war to preserve the citizen’s right to see “specified sexual activities” exhibited in the theaters of our choice,’ ” Janavs wrote.