NEWS

Judge: Strip clubs need to prove cause to sue city of Augusta

Sandy Hodson
shodson@augustachronicle.com
The Discotheque Lounge. [MICHAEL HOLAHAN/THE AUGUSTA CHRONICLE]

The city of Augusta may be OK with two downtown strip clubs continuing business as usual until a federal lawsuit is over, but a federal judge isn’t sure the lawsuit is legitimate.

U.S. District Court Chief Judge J. Randal Hall gave the city and the heirs of James “Whitey” Lester until month’s end to file written briefs on the issue of “standing.”

Lester’s clubs, the Discotheque Lounge and Joker’s Lounge, were grandfathered in when a city ordinance was changed in 1997 to require businesses with nude dancing to locate in heavy industrial zones or relinquish alcohol licenses.

Before his April 19 death, Lester asked to be allowed to transfer his adult entertainment licenses to a relative, but the Augusta Commission voted down the request. The lawsuit was filed in May. Last month, the city agreed to let the two clubs operate as usual until the lawsuit is finalized.

In an order signed earlier this month, Hall wrote that a plaintiff must present “specific, concrete facts” showing that without the court’s action, the plaintiff will be harmed.

According to his order, the lawsuit alleges anticipated and speculative harm.

“Although plaintiffs claim fear of future harm, the complaint alleges insufficient facts to determine how likely those fares are to materialize,” Hall wrote.

After a hearing Friday, Hall gave the plaintiffs until Jan. 20 to submit a brief. The city will have seven days after that to respond.