Wednesday, January 27, 2010

Constitutional strip club client

This is a news story from 2007 when, after fight against Lake County's Adult Use Ordinance successfully for 9 years including up to the Illinois and United States Supreme Court we lost a round.
2 strip clubs ordered closed
June 29th, 2007 | Uncategorized | Comments Off
Chicago IL [Chicago Tribune] - A judge closed two Lake County strip clubs and an adult video store Thursday because they don’t have licenses to operate as adult businesses.
Circuit Judge Margaret Mullen’s order closed Dancers on U.S. Highway 12 and Lake-Cook Road near Lake Zurich, and Baby Dolls and Video Magic, both on U.S. Highway 41 near Wadsworth, said Assistant State’s Atty. Dan Jasica.
County officials have been battling the businesses since 1998 when the Lake County Board passed an ordinance requiring that adult businesses be licensed and follow regulations that include closing on Sunday and state holidays. In 2003 Circuit Judge Raymond McKoski upheld the ordinance after Baby Dolls, Dancers and Video Magic filed a lawsuit challenging it.
The verdict was appealed and upheld by an Illinois Appellate Court. In 2005 the Illinois Supreme Court declined to hear the case, and last year the U.S. Supreme Court refused the appeal. After the appeals were denied, the county filed for an injunction a year ago to force the businesses to be licensed, court records show. The businesses could be fined as much as $500 a day since 1998 for not complying with the ordinance, Jasica said.
After several delays, Mullen ruled against the businesses Thursday and scheduled a hearing Aug. 8 to decide how much to fine them. “We’ll certainly be asking for a $500 a day fine going back a considerable amount of time,” Jasica said.
Lou Pissios, a Waukegan attorney who represents the businesses, said they would close Thursday, and 100 to 125 employees would lose their jobs. “Those are families with children and households and mortgages,” Pissios said.
The businesses have been open about 25 years, he said. He doesn’t think the county’s adult-use ordinance is a true reflection of what the public wants.
Three employees at Video Magic had little to say Thursday afternoon, and a closed sign was placed on the business.
The strip club owners said the county’s ordinance will force them out of business because they would have to close by midnight and ban nude dancing, according to the Appellate Court ruling. Both clubs would have to build a stage that is at least 18 inches above the seating area. The audience also would have to be seated at least 8 feet from the stage.
The ordinance forbids dancers to receive tips directly from customers. All customers would have to be at least 21.
Neither Baby Dolls nor Dancers serves alcohol and both allow patrons 18 and up, according to court records. A sign at Baby Dolls said the business closes at 4 a.m. on weekends and is open from 3 to 11 p.m. Sunday.
Both Michael Christofalos, who owns Dancers, and Danny Christofalos, the owner of Baby Dolls, testified during the trial in Lake County Circuit Court that they make at least 70 percent of their money after midnight.
Both said the stage requirements would significantly hurt their businesses.
Neither owner could be reached for comment nor could George Stantopolous, who owns Video Magic.
Jasica said Lake County has two adult businesses that are licensed — 41 News, an adult bookstore on U.S. Highway 41 near Wadsworth, and Select Video on Russell

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