In an opinion released Wednesday, Oct. 5, the 11th Circuit Court of Appeals has upheld the ruling that means the new owners of the last two strip clubs in downtown Augusta cannot have adult entertainment.
The ruling by the federal appeals court upheld the September 2021 ruling by U.S. District Court Senior Judge J. Randal Hall.
He found the city’s rules on business licenses and zoning did not violate the First Amendment. The heirs of James “Whitey” Lester were not entitled to keep Lester’s adult entertainment and liquor licenses, under the city’s rules and ordinances.
Lester’s heirs can still petition the U.S. Supreme Court for permission to appeal further, but that’s a request rarely granted by the high court.
Since last year, the Discotheque and Joker’s lounges have stayed open and continued to serve alcohol, but the dancers do not work in the nude.
Lester opened his clubs in 1970 and 1971. His clubs were grandfathered in after the city changed its adult entertainment ordinances in 1997 to limit the location of strip clubs in the city. Four other downtown strip clubs were closed.
Lester died on April 19, 2019, and his heirs filed suit seeking a court order to require the city to allow for the transfer of the adult entertainment license. They lost the legal challenge in the Augusta district court, a ruling affirmed by the appellate court Wednesday.
Sandy Hodson is a staff reporter covering courts for The Augusta Press. Reach her at sandy@theaugustapress.com.
