PRINCE GEORGE, MD — In a world where sometimes it’s not just who you know, but who you know really well that determines whether or not the legal system will treat you kindly, it’s nice to hear about justice replacing nepotism. A recent court decision overturning a ban on liquor sales by strip clubs is a case in point. U.S. District Judge Martin J. Garbis not only struck down the 2005 law, which had never been enforced, declaring it overbroad. He also opined that the law showed inappropriate favoritism for a club owned by Tommie Broadwater, Jr.
Broadwater is a former state senator, who left office after being convicted of fraud about 25 years ago. His Ebony Inn club, now owned by his son, retained its right to sell and serve liquor on premises because it received a grandfathering waiver, which Garbis ruled was granted inappropriately.
Given that Broadwater’s club had opened on August 14th, 1981 and an amendment to the law had excluded any club that opened prior to August 15th, 1981, Gabris concluded that granting the clause was “obviously unrelated to any legitimate community interest and was enacted solely to favor a politically connected business establishment.”
Broadwater explained in an interview that he had felt it unfair for two other clubs that had been in business since 1974 to be allowed to sell alcohol and thus had attempted to get his own club a grandfather exception.
“We had been in business for a long time, too, so we asked that the bill be amended.”
Other elements of the law related to physical contact between patrons and dancers, which Gabris declared so broad that it could conceivably be applied to the owners of ball fields where teammates patted one another on the ass in congratulations. Gabris contended that government’s that restrict free expression must demonstrate that the restrictions serve a “substantial government interest” and are as narrowly defined as possible.
Naturally, the county is considering its legal options.
