U.S. Supreme Court declines to hear Flesh Club's appeal
Jason Pesick, Staff Writer
Article Launched: 11/10/2008 10:05:20 PM PST
SAN BERNARDINO - The U.S. Supreme Court denied a request Monday by the owners of Flesh Club to review a California Supreme Court decision that might have saved San Bernardino a chunk of change.
In April, the state Supreme Court sent a case filed by Flesh Club back to San Bernardino Superior Court after three appellate judges ruled the city had to pay the club $1.4 million. The money was intended to make up for profits lost during a period starting in 1995 when the city got a court to bar an adult cabaret at the club. The city claimed the club, owned by Manta Management Corp., was operating in an area that wasn't zoned for nude dancing.
The state Supreme Court found that because a court ordered the injunction in 1995, the city might not be liable for the $1.4 million even though the city ordinance the court was enforcing with the injunction was later found to be unconstitutional.
The state Supreme Court sent the case to a trial court in San Bernardino to determine whether Superior Court Judge Duane Lloyd would have issued the injunction in the first place had there not been an error in the information the city provided in the trial to close the club.
A city staffer overestimated the amount of land available for adult businesses at the time.
"We believe that the amount of land we had available even after (the staffer's) error had been discovered was more than sufficient," City Attorney James Penman said.
Now that the U.S. Supreme Court will not step in, the case to determine whether the city is liable for $1.4 million will move forward in Superior Court, Penman said.
Roger Jon Diamond, Flesh Club's lawyer, said that because the other Superior Court judge found in 1996 that the city's ordinance was unconstitutional, he had hoped the U.S. Supreme Court would find the city should have to pay the $1.4 million.
"We don't even have a ruling one way or the other because they declined to take the case," he said.
Diamond said he hopes San Bernardino Superior Court will find that the staffer's error did lead Lloyd to order the club closed in 1995.
In a separate action last year, San Bernardino Superior Court Judge Donald R. Alvarez ordered the club closed temporarily because of behavior he said was not protected by the First Amendment.
The club is still closed, and the city has rejected the club's requests to reopen as a topless bar that serves alcohol, prompting the club to file a new lawsuit against the city.
Bs.They sould leave that club alone.Just pay the polticians off so you can reopen.Crooked ass police and judges dont get a cut :(