Staff Report
Albuquerque strip clubs avoided what could have been a devastating blow to their business last week when the city gave up a two-year lawsuit attempting to ban topless dancing.
Mayor Martin Chavez's office, together with Albuquerque's City Council, began the legal proceedings in early 2001 in an attempt to clean up the strip clubs, and eventually the city's image.
The lawsuits, which if won, would have affected all strip clubs in Albuquerque, particularly named both TD's establishments in Albuquerque. The city substantiated its wishes in the lawsuit by saying officials were trying to enforce a zoning rule requiring female performers to partially cover their breasts with opaque cloth, City Attorney Bob White said.
Albuquerque's strip clubs banded together and fought the constitutionality of the rules the city was looking to enforce, planting the seeds of an expensive, drawn-out court battle that the city more than likely would have lost, White said.
It was White who persuaded the city to give up the fight, saying in a memo last week that "an adverse decision in this civil rights case is assured and will result in significant attorney fees and potentially damages."
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A federal judge ruled two years ago that the city of Albuquerque was not to impede with TD's business until the case had been resolved.
Phone calls to both David Streubel, an attorney representing TD's and other strip clubs in Albuquerque, as well as management of the business, went unanswered.
White said the city's proposed settlement of the case says performers "will remain free to show their breasts. They won't have to cover them at all."
He said the settlement will also keep the city from harassing any such business in Albuquerque or "selectively enforce any law or regulation."
Mayor Chvez is urging the City Council to pass the proposed settlement, which would go into effect immediately.
White said while the city is making an effort to compromise with the strip clubs, it is standing firm on the issue of total nude dancing.
According to a provision in the proposed settlement, TDs dancers will not be allowed to dance nude, and shall "cover their genitals with opaque clothing," White said.
Other Albuquerque strip clubs, including Ice House and Fantasy World, are allowed to have all nude dancing because they don't serve alcohol.
