Officials Vow To Fight Order Letting CA Strip Clubs Stay Open Amid Business, Church Shutdown
While California’s new stay-at-home order has shut down restaurant dining, closed salons and kept church services outside, two strip clubs in San Diego are still welcoming patrons nightly, protected by a court order.
San Diego County officials on Wednesday voted 3-2 to appeal the judge’s ruling that has allowed Pacer Showgirls International and Cheetahs Gentleman’s Club to stay open after the establishments sued the county and state over lockdown orders closing their doors.
The judge issued a preliminary injunction on Nov. 6, protecting the establishments from enforcement actions by state and local officials, though the businesses must still adhere to a 10 p.m. curfew and close early.
County officials said they will wait to see if the judge lifts his injunction at a hearing next week. If not, supervisors vowed to appeal.
The strip clubs sued the county in October after officials deemed the venues non-essential businesses and ordered them to cease indoor operations.
The clubs say they are operating safely by keeping dancers six feet or more apart and requiring everyone to wear masks. Steve Hoffman, the attorney for Cheetah’s, said the business consulted with experts who said there is no evidence of increased risk if dancing is allowed.
County officials said that’s not enough to comply with the state order, which bars members of different households from gathering.
“I’m guessing most folks aren’t going there with all the members of their household, so you have multiple households interacting together in a high-risk setting and so we ordered them closed,” Supervisor Nathan Fletcher told reporters on Wednesday.
Jason Saccuzzo, the lawyer representing Pacers, said its safety measures exceed those recommended by the Centers for Disease Control and Prevention by separating performers and audience members at least 15 feet apart. He said he knows of no COVID-19 case being linked to either strip club.
He said officials are not allowed to disregard First Amendment rights even in a pandemic.
“The right of free expression applies not only to so-called ‘strip clubs,’ but to all live performers in California,” he said in an email to The Associated Press on Thursday.
“Unfortunately, the county has singled out adult entertainment venues for closure without any proof that live adult entertainment has resulted or will result in COVID-19 transmission.”
Saccuzzo said he hopes the actions by the strip clubs will help other businesses win their battles “against the arbitrary and unconstitutional restrictions.”
Under Democratic Gov. Gavin Newsom’s new lockdown measures, schools that are currently open can continue to provide in-person instruction. Retailers including supermarkets and shopping centers can operate with just 20 percent capacity, while restaurant dining and hair and nail salons must close.
The order has been particularly stinging to small businesses that have struggled to survive nearly a year of closures and restrictions. Many business owners have said they can’t afford to comply.
A California judge last month rejected a plea to temporarily lift bans on indoor activity on behalf of thousands of restaurants and gyms in San Diego County, California’s second-largest.
The Western Journal has reviewed this Associated Press story and may have altered it prior to publication to ensure that it meets our editorial standards.
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