San Bernardino, California - With the court order that closed the Flesh Club due to expire Monday, San Bernardino authorities are poised to put a stop to any renewed lewdness, the city attorney says.
But, in contrast to the confrontation accompanying the nude cabaret's closure in November, Monday might be a nonevent, said Roger Jon Diamond, the club's attorney.
Club owners are still pursuing a liquor license and don't plan to reopen the all-nude dance venue for now, Diamond said.
Last month, the council denied the Flesh Club's application for a "Determination of Public Convenience or Necessity," a finding that the club is legally required to secure before it can receive a liquor license and reopen as a topless, rather than an all-nude, bar.
Diamond claims that in his extensive experience representing adult-oriented businesses, topless bars are far less tolerant of salacious behavior than all-nude venues. He said topless bars go into the business recognizing that they face severe sanctions, including the possible loss of a valuable liquor license, if they let dancers touch or get too close to the patrons.
In June, council members didn't address that argument. Instead, they ruled that the Flesh Club's Hospitality Lane neighborhood already has too many liquor licenses and they couldn't justify adding another.
Ordinarily, the city Planning Commission reviews such applications before the council. This time, the commission met the day after the council voted. When the commission, too, denied the application, Diamond appealed back to the council.
"Theoretically, they could change their minds and say, 'You're right. We should allow alcohol, especially since we've allowed it for other businesses in the area,' " Diamond said. "(The club's owners) are not going to open until they get the alcohol issue resolved."
The future of the club, located in a family-oriented business district, has been in doubt since last fall.
On Oct. 30, after finding that sex and lewd conduct routinely occurred at the club, San Bernardino County Superior Court Judge Donald Alvarez ordered the business to cease all adult-oriented activities for eight months.
Two weeks later, a state appeals court denied Diamond's request for a postponement. The following evening, police served all cabaret employees with copies of Alvarez's order and warned them that they faced arrest if they tried to do business after midnight. At one minute before the hour, the club shut its doors.
Diamond's assurances now don't disarm City Attorney Jim Penman. He noted that Alvarez's order prohibited physical contact between dancers and patrons, once the club reopens.
"Our anticipation is that they intend to reopen, and if they do, we intend to be very aggressive in enforcing the judge's order," he said. "We will have frequent and heavy monitoring of what goes on."
Whatever the club owners do on Monday, their 12-year legal battle with the city appears likely to continue. They have already filed a claim -- the legal precursor to a lawsuit -- against the Planning Commission and City Council over last month's license rebuff.
