PRINCE GEORGE COUNTY, MD – As anticipated, three Maryland clubs have filed a lawsuit seeking to invalidate a set of strict new ordinances regulating “adult entertainment clubs” passed by the county council in July.The three clubs, the Showcase Theater of Beltsville, the Nico Banquet Hall of Camp Springs, and Bazz and Crue in Forestville, contend that the regulations are unconstitutional and subject the clubs to “seriously burdensome restrictions that are not imposed on other nightclubs, taverns, theaters, amusements, or stores,” according to the lawsuit filed Tuesday in US District Court in Greenbelt, MD.
According to the Washington Times, attorney Luke Lirot said that he also plans on filing a motion to enjoin enforcement of the regulations and that such enforcement should be postponed “until the courts can decide the constitutionality of it.”
The club owners said they worry about potential harassment under the law, including shutdowns in response to inconsequential violations – a concern not without its foundation in the history of the plaintiffs. According to the lawsuit, the Nico Banquet Hall was once ordered to shut down due to a lack of toilet paper in a women’s restroom.
Prince George County officials have not yet commented on the lawsuit, but at hearings earlier this summer, County Council members asserted that the law was both constitutional and necessary.
Under the language adopted by the county council in July, it is “unlawful for any person to knowingly or intentionally, in a public place or a place open to the public…Engage in sexual intercourse; Appear in a state of nudity; or Fondle one’s own genitals or those of another person.”
The law also states that it is unlawful for “any person to dance or otherwise perform in a state of nudity in a place open to the public, within six feet of any patron, to intentionally touch any patron, or to permit any patron to touch the person in a state of nudity.”
Under the definitions used in the statute, a “Place open to the public means any privately-owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment, regardless of whether a charge for admission or entry is made.”
Violations of the regulations listed above carry a fine of up to $1,000 and/or imprisonment of not more than six months.
In addition to the aforementioned regulations, the law that took effect today also requires licensing of “entertainers” and “managers” who work at adult entertainment businesses, and makes it unlawful for such entertainers, managers and other employees to work at an unlicensed adult business.
Under the law, an “adult entertainment premises” license costs $650 per year, and the “adult entertainer” and “adult entertainment manager” each cost $200 per year.
Other requirements under the law include that performers appear on a stage raised at least 18-inches from the floor and that a distance of six feet be maintained between nude or partially-nude performers and their patrons at all times.
