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Porn Ordinance on Hold

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Mar 29, 2004 11:43 AM PST    Text size: 
IOWA -- A Mills County ordinance restricting adult entertainment establishments has been put on hold after a local adult business owner filed a petition for a 'declaratory judgment.'

Last January, the owner of an adult venue called 'The Performing Arts Center, ' Ron Bergeron, spurred local lawmakers into drafting an ordinance that would ban nude dancing and would require that certain body parts be covered. It would also require businesses and its employees to register with the county auditor.

However, Bergeron has fought the proposed ordinance all the way to the Mills County Court where he and his lawyer filed a petition late last week claiming that the ordinance would not apply to his business R & LB Corporation.

Bergeron claims that his business does not classify as a nightclub, bar, restaurant, or place where sexual activity is conducted, which fall under the terms of the proposed ordinance. Instead, Bergeron claims he will be leasing the space to "performers" and then collecting a parking fee from club patrons. Bergeron also claims that no items will be sold on the premises, including alcohol, although patrons will be able to bring their own.

Bergeron has so far baffled the local council over how to prevent his club and other adult venues from setting up businesses in the area.

According to reports, while the ordinance is in litigation, the newly proposed restrictions will not apply to adult venues. Bergeron's lawyer predicts that the case could draw on for at least six months.

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