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Suit Filed Over Show N Tail

PANAMA CITY, Florida — from www.waltonsun.com – Allen Johnson’s effort to reopen a topless bar in Bay County is headed to court.

Johnson filed suit against Bay County on Friday, alleging “certain ordinances” violated the First and 14th Amendments, according to court documents.

The lawsuit, Allen Johnson LLC vs. Bay County, Fla., was filed in federal court in Panama City in connection with Johnson’s Show N Tail, for which Johnson has been seeking a location to reopen since the topless bar burned down in 2006. County commissioners have voted down several locations proposed by Johnson.

In the lawsuit, Johnson states he wants to open in Bay County an “adult entertainment establishment featuring live performances by nude or partially nude female dancers … while serving alcohol to its patrons.” The lawsuit speaks of a rejected North Lagoon Drive location near Panama City Beach where Johnson most recently sought to reopen the topless bar.

The lawsuit also refers to the county’s adult entertainment and alcoholic beverage ordinances and alleges they would prohibit Johnson from offering topless dancing at his club. The suit goes on to talk about the type of dancing he intends to offer and says the dancing would be presented in a “form of non-obscene, constitutionally protected expression.”

The lawsuit asks the court to declare the county’s sexually oriented business placement ordinance as unconstitutional and seeks “recoverable costs,” such as attorneys’ fees. The suit also asks for a permanent injunction to prevent the county from enforcing the ordinance.

County spokeswoman Valerie Lovett said the county declined to comment because the matter is under litigation.

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