Georgia county denies liquor-license renewal for strip clubs
By The Associated Press
12.31.02
ATHENS, Ga. — Athens-Clarke County has denied alcohol licenses to two strip clubs for the new year, as they did last year.
The county said the clubs violated a local ordinance prohibiting nude dancing and the sale of alcohol under one roof.
The clubs, Toppers and Chelsea's, said the ban violates their free-speech rights and takes away their livelihoods.
"Every year around Christmastime they (county officials) get that inkling. It's ridiculous," said Steve Strelzik, an attorney for Chelsea's.
He said both clubs would sue the county in state court. They also will appeal the denial in municipal court. Last year, the county gave the clubs their liquor licenses back after they threatened to sue.
The latest denial is based on a question on the license application form asking if the applicant plans to have nude dancing on the premises, assistant county attorney Ellen Hight said.
The question had been on the application for several years, but the ordinance was not worded so that the county could deny the license on the basis of the answer. In March, the commission amended the county code to close that loophole.
"It bothered people that we asked the question and still issued the license," said former county attorney Ernie DePascale, who resigned in June.
Commissioners passed the alcohol ban in 1997, but it was not enforced until December 2001, when a judge revoked Toppers' liquor license.
The clubs have argued that the intent of the law was to eliminate nude dancing, which is considered free speech protected by the First Amendment to the Constitution.