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April 23, 2020

Georgia Strip Clubs May Continue Suing City, Can Open When Ready

LOS ANGELES—The Discotheque Lounge and its affiliated strip club, Joker’s Lounge, have operated in downtown Augusta, Georgia, for more than a half-century. Even after the city changed its zoning ordinances to prohibit adult entertainment in the downtown district, the clubs remained in place because owner James “Whitey” Lester was able to take advantage of a grandfather clause, exempting his two establishments.But after Lester died in 2019, the “grandfather” exemption died with him, and the city moved quicklyto push the clubs out of downtown, a move that would effectively put them out of business, saying that the continued presence of the strip clubs discouraged new real estate development in the downtown area.Lester’s heirs sued, claiming that the new zoning ordinances violated their constitutional rights. Earlier this week, a federal judge ruled not only that the clubs must be allowed to continue with their lawsuit, but that they may continue to operate as the lawsuit proceeds, according to a report by The Augusta Chronicle.Of course, strip clubs like all entertainment venues and restaurants, have been shut down in Augusta since March 21,due to the coronavirus pandemic, so the judge’s order will not immediately affect either club.But under a new order by Georgia’s Governor Brian Kemp, some restaurants and entertainment venues will be allowed to reopen on Monday, April 27.Whether the reopening will include strip clubs was unclear.Other than restrictions imposed by the pandemic response, however, nothing now prevents the two clubs from remaining in business in the same downtown locations they have operated since the late 1960s, under the ruling by U.S. District Court Chief Judge J. Randal Hall.The judge ruled that the suit challenging the zoning laws as violations of the First and Fourteenth Amendments. The First Amendment guarantees free speech and free expression, the Fourteenth contains the equal protection clause. In the suit, Lester’s heirs say that the zoning rules violate their free speech rights, and do not afford them equal protection, because they single out strip clubs for relocation.The clubs also petitioned to remain open as long as the lawsuit is still undecided. Hall’s ruling agreed.Photo By WJBF YouTube Screen Capture

 
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