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Envy Gentlemen's Club had been forced to stop offering entertainment dancing in as a result of a new city ordinance restricting where such clubs can operate.
It is suing for damages as well as asking to be grandfathered into its current location so it can once again have the dancers. The city is bismarck strip club for the case to be dismissed. A pretrial conference by telephone is scheduled for July Minot approved an ordinance on July 7,that restricts strip clubs to heavy industrial areas and to at least 1, feet, or about three blocks, from churches, schools, child-care facilities, hospitals, parks, playgrounds or other adult entertainment centers.
The distance restrictions prohibits location in a downtown industrial area. The ordinance gave Minot's two strip clubs three years to come into compliance.
Envy had obtained a temporary injunction from district court in June but that order was vacated in September Envy states it has operated as a lounge, without entertainment dancing, since then. Envy's complaint states the club has been unable to find another location that would meet the zoning ordinance.
It contends the city was aware of the unavailability of any suitable locations at the time the zoning ordinance was passed. Envy contends the zoning removal of entertainment dancing without any specific morality or law enforcement rationale denied the right of free expression under the First Amendment.
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bismarck strip club It also contends the zoning ordinance restriction creates an illegal "taking. Since SeptemberEnvy has incurred major damages that include loss of revenue and devaluation of property, according to the complaint. No specific damages were requested in the complaint, filed last May. In its response, the city identifies the downtown operation as EBP, which holds a North Dakota trade name as Envy Gentlemen's Club, although the city denies it operates under that name.
Rather, the city states the business operates as Roosters Nightclub.
The city denies it used the zoning ordinance to ban EBP's business. It also claims EBP has ability to pursue its constitutional challenges in state district court and should do so there.
However, the city argues EBP lacks standing to pursue a case at all because it currently does not hold a to operate a sexually oriented business, as required in city ordinance, and also is barred by the statute of limitations. Trending Articles. West Fargo. On The Minds Of Moms.
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Envy Gentlemen's Club had been forced to stop offering entertainment dancing in as a result of a new city ordinance restricting Suggested Articles. Crime and Courts. Businesses To Follow.