BOTHELL, WA — Things seem to be up in the air for adult entertainment in Bothell, WA these days.They may be up in the air for local taxpayers, too.
According to the Seattle Times, the confusion surrounds the planned opening of a nude dance club in the city. Before Bob Davis could get his strip club off the ground, Bothell passed a moratorium against nude dancing, so Davis, predictably, sued. On Monday, a federal judge ruled the moratorium violated Davis’ constitutional rights, because it “constituted a prior restraint on protected expression.”
The court has not awarded Davis any financial compensation yet, but a settlement conference is scheduled. That’s where the taxpayers come in: No one’s certain how much Davis may seek or how much the court might award, but in a similar suit against the city of Seattle in 2005, Davis settled out of court for $500,000, the Times reported.
City Manager Bob Stowe called the judge’s ruling “unfortunate and also surprising.” Not surprisingly, the city already has revised its adult entertainment ordinances and dropped the moratorium. Whether that means Bothell may again see applications from Davis or someone else who wants to open a cabaret in town is unknown, although no applications are pending currently and Davis’ previous lease on property in the city has expired.
The city may appeal the judges ruling, according to the Times, because it doesn’t seem right for the courts to “put adult-entertainment issues above the rights of citizens to determine their own land-use issues.”
