Tenn. Appeals Court Rules in Favor of Strip Club

MEMPHIS, Tenn. — The Tennessee Court of Appeals Tuesday upheld a lower court's ruling in favor of a strip club forced to close by local officials, later reopened under court order.

The ruling involved the "New York, New York" club near Memphis International Airport. Local government authorities claimed that the property couldn't reopen as a strip club because the owner, Steve Cooper, had closed it for remodeling and waited longer than a year to reopen it.

City codes would have allowed the strip club to be grandfathered into restrictions on such clubs in the area had Cooper reopened it sooner, attorneys for the city, county and code enforcement office contended.

A 2006 ruling by Circuit Court Judge Donna Fields said that the governments had caused the delay in reopening by revoking the permits Cooper needed to reopen. This ruling was upheld by the appeals court.

New York, New York closed in late 2002 for remodeling and remained closed because of the permits dispute until Fields' ruling.

"[The] club was closed for over two years because local authorities refused to grant the required permits, and their refusal stemmed from the adult-oriented use of the premises," Appeals Court Judge Holly M. Kirby wrote. "If this were deemed a discontinuance or an abandonment, this would in fact undermine the ordinances, allowing prior nonconforming uses under certain circumstances, because local authorities could force an abandonment by denying required permits or instituting legal action, even for spurious reasons."

Attorneys for the city and county told reporters they were still reviewing the ruling Tuesday evening.

Cooper is among several strip club owners suing the city and county in federal court over the county's recently enacted strip club ordinance, which forbids the sale or consumption of beer in the clubs and requires a permit system and criminal background checks to regulate workers and owners. The ordinance applies to the city of Memphis — unless or until the city enacts its own ordinance.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Seoul Authorities Force Cancellation of Adult Expo for 'Distorting Perceptions of Sex'

Seoul authorities repeatedly prevented 2024 KXF The Fashion — a popular Korean adult industry expo featuring Japanese AV performers — scheduled for this week from finding a suitable venue, leading organizers to cancel the event.

FSC to Hold Discussion on Adult Industry Rights With Congressional Candidate Joe Cohn

Free Speech Coalition will hold a virtual discussion with Joe Cohn, a strong advocate for the adult industry’s rights who is running for Congress in November.

Wicked Sensual Care Launches 'Menopause Hub'

Wicked Sensual Care (WSC) has launched its new Menopause Hub, dedicated to sex and intimacy during perimenopause, menopause and after.

Eldorado Partners With Pipedream for Next Facebook Live Event

Eldorado and Pipedream are partnering for the next edition of the "Eldorado Presents" Facebook Live series on Tuesday, April 23 at 10 a.m. (PDT).

Adam & Eve Reveals Results of Sex Toy Survey

Adam & Eve has released the results of a new survey asking the question, “How many Americans own a sex toy?”

'Aneros Is...' Global Marketing Campaign Launches

Aneros is rolling out the three-month-long global marketing campaign “Aneros Is..." to highlight the brand's history and role in the sexual wellness industry.

Democratic Governor Fails to Veto Kansas Age Verification Bill

Kansas’ Democratic governor, Laura Kelly, expressed strong reservations about the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists, but ultimately decided not to veto it, allowing the legislation to become law by default without her signature.

FSC's Alison Boden Testifies Against California Age Verification Bill, Urges Action to Defeat It

Free Speech Coalition Executive Director Alison Boden testified Tuesday against AB 3080, California’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Screaming O Debuts Rechargeable Bullets

Screaming O has introduced a new collection of rechargeable bullet vibrators.

Magic Silk Releases 'Daisy' Line

Magic Silk has introduced its new Daisy line of lingerie from its Exposed collection.

Show More