A federal judge has denied an emergency motion to allow Augusta’s strip clubs to remain open while its owners appeal a Sept. 17 decision requiring closure.
Chief Judge J. Randal Hall, the United States District Court for the Southern District of Georgia., denied the motion on Sept. 30, stating the “appeal fails to demonstrate even a substantial case on the merits – the lesser standard for granting a stay.”
The owner’s of Augusta’s strip clubs filed an appeal on Sept. 17 following an order the week before granting the city summary judgment in a case that has lingered for two years. As part of the appeal, the owners asked for an emergency motion to put the injunction back into place that allowed them to remain open.
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An email from Randy Frails, the lawyer acting as outside counsel on behalf of the city of Augusta, to the strip clubs lawyer stated that the clubs must shut down immediately. The email was sent on Sept. 15, two days prior to the appeal being filed.
The email went on to state, “Your clients may immediately apply for an alcohol license and reopen as a bar only upon issuance of the alcohol license.”
Multiple attempts to reach the clubs owners for comment were not responded to.
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James “Whitey” Lester opened the Discotheque on Broad Street downtown in 1966 and a second club named Joker’s Lounge 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.
MORE: The Strippers Are Wearing Masks, But The Club Doesn’t Have A Valid Liquor License
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.
“Augusta continues to no longer be under an injunction in this matter. Therefore, Augusta is free to continue to enforce its zoning ordinance and prevent the operation of an adult entertainment establishment at the downtown location,” according to an email from Wayne Brown, city attorney.
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