SB Now

Andrew, what you missed in this article was the fact that Roger Jon Diamond is trying to fraudulently set up the City Council, and thus the taxpayers of San Bernardino, for the loss of revenue. There is absolutely no reason that The Flesh Club can not open its doors tonight – as the nudie club with no alcohol that it was before the Judge in the case shut it down for prostitution. (As Councilwoman McCammack pointed out.....)

Neptune and Diamond are trying to “re-invent” the club. Why is that? I’ve heard that the “ladies” working there were, how to put this politely?, um, not lookers – and isn’t that what they were trying to sell? I guess it wasn't so profitable, so now they are going to make money on alcohol instead of victimizing desperate women? Oh wait - they are going to do both at once.....And when that doesn’t work what is next? Oh yeah – the “family restaurant” with “adult entertainment”….is CPS going to set up on the doorstep of the “restaurant” to “baby-sit” the children taken to this “restaurant”?

Neptune and Diamond are not trying to make this city better – they are trying to manipulate the system to serve them selves. Diamond gets up and threatens to sue each and every councilmember if he doesn’t get his way. He ridicules the City Attorney. He says that they (he and Neptune) are trying to provide a service to the community. Diamond is a bully, and if Neptune was the GM when the illicit activities were going on we all know what he is.....

I think that we, the citizens of San Bernardino, need to show up at the next City Council meeting that Diamond and Neptune are going to be at trying to force their nasty business on us and let them know that the community doesn’t want it or them! Join me on September 2nd at 3:00 P.M. at City Hall in the City Council Chambers!

I don't think the women that worked at the Flesh club were victimized. I believe they were well paid. I also believe the club has a legal right to be open, even though I can understand people's objections. Diamond and Neptune have made the City Attorney look like a fool and waste a lot of city taxpayer money. The city needs to be pick its battles a little better in my opinion.

The city has prevailed in court, accomplished itts goal & the place is closed. How does that make the city attorney look like a fool?
I guess Steve is one of those folks who yearns to make "Hospitality Lane" a double entendre. Just the thing San Bernardino needs to polish its image, a bordello row!
Let's see, we have unsupervised city employees diverting children from deliquency by holding mock shootouts at a recreation center.
What next?
I've got it!
A religious congregation that's been in the city for almost 160 years is seeking to move out of its building on the 3600 block of E Street. Maybe Pat Morris could persuade the Redevelopment Agency to offer incentives to lure an opium den into the congregation's old building to serve some of his Drug Court folks who haven't exactly stayed on the straight and narrow, now that the minions of the law are no longer breathing down their necks.
San Bernardino could celebrate the coming of the 21st century by changing its motto from "All-American City" to "All Depravity, All the Time."

San Bernardino's motto is "All-American City"? Your kidding right. Try "Murder Capital of the World".

Thanks Goodness Penman is standing up for what is morally and in this case legally right. The granola eating Mayor needs to sit this one out.

Word of wisdom, to anyone that can hear my voice, "Get your family and get the h*ll out of here". Even Hades has to be a step up.

Glenn pass the bottle of Pepto Bismo, looks like you and Jim Morris aren't the only ones with diarrhea of the mouth. (passing bottle to Neptune and Diamond). Paint the town pink fellas, paint the town pink....

Greg can you send a case to Pat Morris?

I vote to change our town's motto to "Paint the town pink".

All those in favor say yes. (huge loud response) Opposed say no. ( Jim and Pat Morris jumping up and down, screaming, "no. no")

Okay fellas, open wide and take your medicine (huge spoonful of Pepto Bismol)

Perhaps Neptune and Diamond can put Pepto Bismol shots on the menu. Lords knows that would truly "be meeting the needs of our community".

Meanwhile, off to buy stock in Procter and Gamble. $$$Cha-ching.$$$ This is truly an All-American City.......the land where the American dream still thrives. $$$Cha-ching$$$

What is that?...crickets....baby Morris must be in a very important, high profile, emergent, top secret meeting behind some closed door....How do I know this to be true. "The Man", " The Dirt" and "Henry" are all MIA.

>>>>

Shelby, don't get too excited too soon. Lunch is just around the corner. I am sure "the man" will be checking in soon.

In a perfect world, our favorite reporter would be reporting that Pat Morris, Jim Morris and Glenn Baude are having lunch with Neptune and Diamond at Flesh instead of I-Hop. In a betting world the odds would be in favor of Flesh.

Hey this story has had more twists and turns than we could have ever imagined. It could happen.

Club Flesh is dead, someone call the Neptune Society for a proper burial.

It was so embarrassing to have to explain the billboard on the Flesh Club that said "Thank You San Bernardino, $1.2 million tax dollars spent here" to my family and friends

Tell your family and friends that Mr Pennmen is the ring leader in abolishing First Amendments rights, and disrespecting this countries founding fathers.

To Save your First Amendment Rights:

Mr. Penman in not attempting to abolish anyone's First Amendment rights - he is doing what the City Council directed him to....would a judge have shuttered The Flesh Club if nothing was going on there? I think not. The Judge in this case closed down The Flesh Club for peddling flesh.....you know, the oldest profession....and it is illegal so I don't think that is a valid expression of anyone's First Amendment rights.

Get a clue!

He is to date... by not allowing it to reopen as a topless club, with no Lap dancing. Their is no peddling flesh with stage shows. And I think people should read the court case it little closer and see that Penmans PI's were kicked out of the club for soliciting dancers for sex! They offered me money for sex and I refused....check again it's in the court papers. I had to remind them that I was a dancer not a prostitute!

Penman isn't the one that is stopping The Flesh Club from opening as a topless club. The City Council decided that allowing another Class 48 liquor license was not in the best interests of the city.

The Flesh Club management has two options - go back to being a full nude entertainment facility or get a Class 47 liquor license and operate as a restaurant with more than 50% in food receipts that has topless dancing.

The Judge in the case shut it down for eight months because there was prostitution going on – plain and simple. So what if private investigators for the City Attorney were attempting to solicit – they were trying to prove that it was going on there, and they must have done a good job because THE JUDGE CLOSED IT FOR EIGHT (8) MONTHS FOR PROSTITUTION!

Just because you had the good sense not to do it doesn’t mean the other dancers didn’t – someone did and got caught so the club was closed. Penman may have had it closed but it is grandstanding by Diamond and Neptune that is keeping it closed. Neptune wants to cash in on the lucrative liquor license and Diamond is going to keep bullying the City Council in an attempt to get his piece of the $$$.

Were are the arrests for prostitution? Aw ....Their are NONE! So your telling me that the City paid the PI's to just try to have sex? Sounds like Entrapment to me..........

Ooops! My bad.....

http://www.pe.com/localnews/inland/stories/PE_News_Local_H_bflesh25.3d39b12.html
From the Press Enterprise on August 24, 2007:
San Bernardino County Superior Court Judge Donald Alvarez ordered the club to close after finding that the all-nude Hospitality Lane business had routinely engaged in promiscuous sexual and lewd conduct.

Alvarez wrote that the First Amendment does protect nude dancing -- but not the explicit activity that occurred inside the Flesh Club from July 1999 to January 2007.

I have a new favorite quote: "Lewdness is lewdness and covering it with a patina of 'free expression' is a fiction the law will not tolerate" - San Bernardino County Superior Court Judge Donald Alvarez.

That sums it up! Sorry for the mistake!

Here's mine....

Justice William J. Brennan (1906-1987) Supreme Court Justice put it best...

"If There Is One Bedrock Principle Of The First Amendment. It Is That The Government MAY NOT Prohibit The Expression Of ANY Idea Simply Because Society Finds The IDEA Itself Offensive OR Disagreeable."

Maybe their will be another favorite quote after this case is heard at the Supreme Court.

Good Luck Randy!

No City Attorney Investigators were involved in the investigation into the prostitution/lewd and lascivious conduct that a jury, and then a Superior Court Judge, determined was going on at the Flesh Club.

Contrary to the statement the “dancer” made on this blog, no City Attorney Investigator offered anyone money, or anything else, in exchange for sex at the Club because they weren’t in the Club.

The investigators utilized were either private contract investigators with the private law firm that represented the City in the case, San Bernardino Police officers, and/or investigators from the California Department of Justice.

In order to file a prostitution complaint, all District Attorneys, for more than the 28 years I've been practicing law, have insisted on a tape recording of the conversation between the suspected prostitute and the officer. Only in a rare instance when there is some other evidence that is sufficient, will a D.A. file on a suspected prostitute without a tape recording.

Tape recordings are the best evidence for a prosecutor.

The Flesh Club always used metal detectors on every patron coming in. They did this to keep tape recorders out of the building. Without that evidence, actual criminal charges were not going to be filed. The owners and operators of the Flesh Club knew that and made sure tape recorders stayed out.

Testimony, in a criminal case where the prosecutor has to prove the allegations beyond a reasonable doubt, is usually not sufficient for a D.A. to file on a suspected prostitute.

However, in a civil case, such as the Red Light Abatement Act the City brought against the Flesh Club, the standard of proof is often a reasonable preponderance of the evidence. However, in the Flesh Club case, Judge Alvarez applied the higher standard of "clear and convincing evidence."

One consequence of either one of those standards is that it is more acceptable for a higher court to uphold a jury verdict based on testimony that is less than recordings of actual conversations.

Testimonial evidence, from numerous witnesses, including former dancers/employees of the Flesh Club was so strong that a jury of twelve had no problem reaching the conclusion that illegal conduct was going on at the Club, and neither did the Judge.

Jim Penman

I believe Mr Penman summed it up pretty darn well.

Pack it up Flesh Club and go peddle your business somewhere else.

"The investigators utilized were either private contract investigators with the private law firm that represented the City in the case"

Interesting......

....These Privates that represented the City or hired by the City, were told to ask for the sex? How is that not breaking the law? You break the law first by soliciting the dancer and dangle $800.00 to her? Ask enough dancers over time and one will accept. That's a lot of money, like giving a crack head free drugs.

I want to be a investigator for the city were do I sign up?

The only private investigator we are aware of who paid for sex was reported to the District Attorney for doing so.

We also refused to pay him or to re-imburse him.

Jim Penman

Yet the investigator was allowed to testify on behalf of the city the same investigator that offered money for sex. At the same time the city was unable to make a legit arrest so the city used the red light abatement act to close
Flesh down since a lower amount of evidence or lack of it is needed to gain a conviction. Sounds to me that the city is going to lose again on appeal, how much is a new jury going to award Randy this time 12 million. PENMAN YOU SHOULD RESIGN AND LEAVE OFFICE you are destroying our city on your witch hunt. How can a place be called a nuisance when a arrest and conviction has never been made. Why don't you investigate the
Catholic
Church down the street for being pedophiles or child molesters, at least you would have a legitimate complaint with a pattern of abuse. That is a lot stronger than the case you have against Flesh.

How many investigators asked for sex? That in itself is a form of entrapment. If you ask enough girls how much, it is only a matter of time that they say yes. Some girls it might only take $50 for a romp in a pick up other girls it might take $5000. Either way you are breaking the law if you simply offer to pay money for sex regardless if you actually paid or not. but this looks like the city investigators not only asked but chose not to pay the girl if she agreed. So not only are the investigators soliciting the dancers they ripped them off as well.

And the girls that agreed, whether it was $1 or $5,000, were guilty of prostitution. Which is illegal.....and is considered lewd conduct....which is why Flesh was closed.

Closed on entrapment....Unconstitutional. So punish those who didn't accept their illegal solicitation by punishing all instead of the far and few between law breakers under the patina of lewd conduct? Now we are back to the First Amendment and a solid case.

Well, if they were stupid enough to work for someone like Neptune then they were bound to lose their jobs eventually. You can argue the First Amendment case all you like however I don't buy it. We will have to wait and see if JRD can bully a judge into believing it.

If Neptune is so sure of his "business model" then apply for the 47 and sell food. Ya'll need to stop whining - that way the "dancers" will have their jobs back.
Open today, apply for the 47, have the "dancers" working and then shift the business model.

The Police Department has checkpoints on a (what seems like monthly) regularly basis looking for people driving with no license, no insurance, DUI, etc. They have the local paper run a little blurb about the upcoming checkpoint (to avoid entrapment) and then pick up everyone stupid enought to drive through there that is breaking the law. Maybe the authorities need to do the same - would that be okay with you? You seem to forget the people at this scuzzy, nasty place are breaking the law. Breaking the law if not a First Amendment right.

I don't want Flesh here any more than the next Christian; however, I do believe it's not something we can argue with because, as that attorney in the city council meeting said, "We can't pick and choose which ammendments to follow..." Thinking about what Penman had to say about it, I'd say the police need to "police" them more often than, say, Sizzler...