MACON, Ga. - A local strip club which was forced to shutter its doors by the county has filed a petition to argue its case before the U.S. Supreme Court.
Club Exotica closed three years ago, after the county pulled its liquor license. Lawyers for the club filed the Supreme Court petition July 30.
The legal battle between the county and Club Exotica goes all the way back to 2001, when the club, which was run at the time by John Cornetta and Cornetta Enterprises, applied for a liquor license. The two have fought at almost every court level since that time.
Officials raided the club in 2003, arresting 16 dancers. Controversial adult businessman Cornetta hired lawyers for all of them; two were later acquitted, and the charges dropped against the rest.
“This has been a weird case from the beginning, in a bit of a backwards town, “Cornetta told AVN. “The people here have vowed against nude dancing at all costs. After the raid, we were basically forced out of business. Patrons were completely intimidated.”
Bibb County Commissioner Bert Bivins told the Macon Telegraph that the county was trying to close the club at the time because they felt it was, "not operating in good faith or in the best interests of the community."
Cornetta and his lawyers are now questioning the police investigation, and Sheriff Jerry Modena and the Bibb County Sheriff's Office were operating as an "arm of the state" when they raided the club. “What we’re asking here is if someone has the right to do whatever they want, without warrants, without a grand jury…and if so, that’s pretty scary.”
The appeal will deal heavily with the 11th Amendment, which prevents state officials from being sued in federal court for actions they took during the course of their duties.
According to the Macon Telegraph, if authorities and the state were acting as an arm of the state — that is, if they were enforcing state laws during their actions against the club — the sheriff's office has immunity in federal court under the Constitution and cannot be prosecuted for carrying out their duties.
“This decision could effect adult entertainment venues across the board, because people shouldn’t be allowed to just start kicking down doors because they see fit,” said Cornetta. “If we’re successful, this could make authorities think twice before they start doing these things without creating a case against someone.”
The Supreme Court can now either reject or accept the case, and possibly reverse the previous rulings against Club Exotica.
“We’re keeping our fingers crossed on this one,” said Cornetta. “We’re optimistic because we know that this is an issue that the circuits are split on. We think we’ve got a good chance here.”
