SAN BERNARDINO – Once again, the City Council has said “no” to the Flesh Club.
A new chapter – albeit a minor one – of the seemingly never-ending story of the Hospitality Lane cabaret was written Tuesday night.
Flesh Club operators wanted the council to reverse earlier decisions that stood in the way of plans to transform Flesh Club from a nude dancing joint into a topless bar or restaurant.
All six council members present voted against the club, although attorney Roger Jon Diamond, who represents the club’s owners, threatened that such a decision would pave the way for yet more litigation between the city and his clients.
“Why you would want to make a decision that creates civil liability in advance of an ABC (Alcoholic Beverage Control) hearing puzzles me,” Diamond said.
But the council didn’t appear too worried about whether Diamond remains puzzled or again seeks relief for his clients before a judge.
Seventh Ward Councilwoman Wendy McCammack moved to deny Flesh Club’s requests almost immediately after Diamond and Flesh Club General Manager Troy Neptune finished their presentations.
The council cast their votes without debate.
“They (council members) kind of shrugged their shoulders at that because the man’s been suing us for 12 years and hasn’t collected a dime from us,” said City Attorney James F. Penman.
A court-ordered closure of Flesh Club expired in mid-July.
Superior Court Judge Donald R. Alvarez issued the order in October after hearing lurid testimony of lewd behavior at Flesh Club.
Other cases related to Flesh Club are still pending. Penman said a hearing is scheduled Sept. 22 in San Bernardino Superior Court on whether the city owes Flesh Club $1.4million in lost income for shuttering the club from 1995 through 1999.
In April, the California Supreme Court vacated a ruling that required the city to pay Flesh Club. The issue was sent back to trial court for further consideration.