Council holds off on nudity ban vote

Kenneth Ma

HUNTINGTON BEACH -- The City Council voted 7-0 to table a proposed

ordinance to ban nudity in all public places, including bars and

restaurants.

“This is such an incredibly critical issue in the community,” said

Mayor Dave Garofalo, who added that the council needed more time and

information in order to make a well-informed decision.

The new ordinance, which will be enforced on all existing and future

sex-oriented businesses in the city, requires exotic dancers to cover

their private parts.

The Flamingo Theater, a strip club that intends to feature nude exotic

dancing, has been trying to open for business since last month.

The sex-oriented club at 18121 Beach Blvd. is undergoing its final

inspections, said Ross Cranmer, the city’s director of building and

safety.

“There were a number of complicated issues which [city] staff has not

presented to [council members],” said Randy Garrou, an attorney

representing the Flamingo Theater. “We are hoping that at the next

council meeting they come to the conclusion which we feel is

inescapable.”

The club would be the first business in the city to provide live adult

entertainment. Patrons must be at least 18 years old to visit, and the

club will not serve alcohol.Last year, council members considered a

similar ordinance to ban public nudity but decided to delay action on the

advice of City Atty. Gail Hutton. She said action should be delayed

pending the outcome of federal and state court cases involving

sex-oriented businesses versus cities.

In March, the Supreme Court ruled in favor of the city of Erie, Penn.,

in its decision to ban public nudity on a local sex-oriented business.

The high court ruled that “public nudity was not inherently expressive

conduct, [and] public nudity ordinances are not ‘content based’

restrictions on speech that are subject to ‘strict scrutiny’ by the

Court.”