Request for nude cabaret struck down a second time

When it comes to entertainment, the magic of Disneyland or the excitment of a professional baseball, football or hockey game is more acceptable to city leaders than the erotica of a nude cabaret. Amer ElRousan's request to open a non-alcoholic juice and soda bar, where women would peel off all of their clothes and dance for patrons, was denied Tuesday by the City Council. The Planning Commission had rejected his plans three weeks ago. Santa Monica attorney Roger Diamond, who has represented clients for 26 years in support of First Amendment issues, said he likely will file a lawsuit against the city in Orange County Superior Court or a federal district court to appeal the decision. "I'm disappointed, but not surprised," Diamond said after the council unanimously voted against granting the Sahara Theater at 1210 S. State College Blvd. a conditional use permit for nude dancing. Councilman Fred Hunter was absent. "When dealing with businesses protected by the First Amendment, there's such a potential for denial based on religious and moral grounds. The court has said that cities can't exercise discretion based on this." Diamond said he often sees elected officials circumvent the law for the sake of public opinion. About 75 people attended the council meeting to oppose the cabaret, and at least 20 of them spoke at the public hearing, which lasted almost three hours. Neighbors presented the council with a petition signed by 600 people who don't want men who enjoy watching nude dancing roaming around their neighborhood. "I can only imagine if you've been in there two or three hours watching young ladies jump up and down in the nude what might be on your mind when you come out," said Richard Gubler, a dentist whose office is located near the cabaret site. He echoed the concerns of other business owners, clergy members and parents who feared the business would bring prostitution and other crimes to the area. Nobody spoke in support of the proposed cabaret besides El-Rousan and Diamond. Anaheim adopted a strict ordinance earlier this year that states adult entertainment businesses may not be located within 1,000 feet of a school, church or park, or 400 feet from a residential neighborhood. Rousan's proposed cabaret meets those criteria. The municipal code also regulates the businesses will not "adversely affect" adjoining land uses. Diamond said judges in federal courtrooms have ruled against cities that ban adult spots from opening unless they violate a land use. He said that when a city denies a permit, it must do so based on objective information and not moral beliefs. Diamond filed a lawsuit in Orange County Superior Court in December 1992, challenging Anaheim's previous adult ordinance. He said that ordinance allowed the city to turn down a request for an adult business based on subjective considerations. Three weeks before the issue was supposed to go to court, Anaheim changed its law and removed the inclusion of subjective evidence as criteria in deciding to issue a permit, Diamond said. When the councilmen denied the request Tuesday, most of them admitted they did so on personal grounds. "I think it's a slimy operation," Councilman Irv Pickler said. "It's in the gutter. If it's going to have to go to court, it goes to court." "I'm old-fashioned," Councilman Frank Feldhaus said, " and I'm not going to support it. I just assume we battle it out in the courts with the feds." Councilman Bob Simpson said he doubts the framers of the Constitution ever dreamed that people would use the First Amendment to defend the existence of nude cabarets. "It's a moral issue with me, and those things tend to become very personal," he said. "If we go to court, I'll be going largely on the basis of principle."