manages the corporation that owns Club Onyx, and Kathy Sullivan of McClure acts as registered agent.Ĭahokia Heights originated from a merger of Cahokia, Centreville, and Alorton that voters approved in 2020, effective last May. acts as registered agent.Ĭharles Westlund of Brentwood, Tenn. manages the corporation that owns Pony T’s, and Kathy Wolford of McClure, Ill. He wrote that censorship might result from exercise of such raw power by officials who might use it to silence messages with which they disagree. He wrote that a licensing scheme placing unbridled discretion in the hands of a government official or agency constitutes a prior restraint. In a motion for a temporary restraining order Schneider wrote, “The Supreme Court has long held that nude dancing enjoys protection under the First Amendment.” 20, it was presented to representatives of the clubs, who were advised that the city would begin enforcing it on Jan. The council adopted the ordinance without relevant empirical information to support it, according to the clubs. The clubs also claim the fee exceeds the administrative costs incident to the permits. It also authorizes warrantless searches without any requirement of probable cause. It doesn’t set out criteria or a time frame for application or issuance of a permit or provide for review of denial, judicial or otherwise. They also claim the ordinance vested arbitrary discretion in a city official it didn’t identify. The clubs claim the ordinance unconstitutionally abridged freedom of expression and impermissibly imposed prior restraint on expression. Pony T’s and Club Onyx retained Michael Murray, Steven Shafron, and William Livingston of Cleveland to challenge the ordinance.įor local counsel they retained John Schneider of Cape Girardeau, Mo., and he filed a complaint on Dec. It limited the number of permits to three and prohibited transfer by any means. It authorized inspection by the police chief or health inspector at any time, at least twice a year. Club Onyx is Houstons 1 Urban Strip Club mixing the hottest and latest hits as the Onyx Beauties shake & twerk all night long. It authorized the same consequence for any grounds that would warrant denial or issuance of a permit in the first place. It authorized “immediate revocation without remedy” if Cahokia Heights police or any other agency discovered prostitution. It would also assess an annual fee of $10,000.Īll eight Cahokia Heights council members adopted it in November, “to protect the public health, safety and welfare of the city and its residents.” The ordinance would close the bars at 2 a.m., three hours earlier than at present. McGlynn had set a hearing for that date, on a motion for a temporary restraining order. Owners of Pony T’s and Club Onyx reported the agreement to District Judge Stephen McGlynn on Jan. LOUIS – Cahokia Heights agreed not to enforce an ordinance restricting topless bars while bar owners challenge it at U.S.
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