Chief Judge Randy Hall entered a judgment in favor of Augusta Richmond County on Tuesday, Sept. 13, ending a two-year legal battle between the city and the local strip clubs.
The city agreed in December 2019 to allow the clubs to remain open while litigation was pending. It is unclear when the clubs will close their doors or if they will apply for new adult entertainment licenses that will stop all onsite alcohol sales.
Wayne Brown, Augusta city attorney, notified commissions via email on Sept. 13 that the court’s decision would be analyzed by the legal team.
Order Dismissing Discotheque Lawsuit Against Augusta by augustapress on Scribd
“It is a strong opinion in favor of the position Augusta has taken in the handling of planning and zoning matter, while protecting both public health and safety and the First Amendment rights to freedom of speech. In any instance, this is a great result for Augusta,” according to Brown.
James “Whitey” Lester opened the Discotheque on Broad Street downtown in 1966 and a second club named Jokers a few years later. Lester later negotiated an agreement with the city in 2002 to allow the clubs to stay in their current location as long as he was the holder of the license.
The new battle started in January 2019 when the city’s Public Service committee voted to allow the clubs’ licenses to transfer to the clubs’ heirs. After public outcry and a petition garnered over 1,000 signatures, the commission voted unanimously to reject the ordinance change.
At that time, the city’s adult ordinance allowed nude dancing as long as alcohol was not sold in the same establishment, contrary to Lester’s grandfathered agreement with the city.
Lester’s death required the heirs either to apply for an adult entertainment license or an alcohol license, but not both. Shortly after the ordinance change was voted down, the city voted to allow strip clubs to operate in industrial zones with both nude dancing and alcohol sales.
Lester died on April 19, 2019. His heirs filed a lawsuit less than a month later alleging the city’s code sections violated free speech and were unconstitutional.
Others in Augusta believe the clubs should be shut down.
Susan Swanson, a vocal opponent of the strip clubs and former director of Augusta Care Pregnancy, said that the clubs put women in both mental and physical danger.
“Augusta has few shelters for women who been through trauma and abuse. The strips clubs use weak women for their financial gain. They should have closed years ago,” Swanson said.
The city agreed in December 2019 to allow the clubs to remain open while litigation was pending.
