SANTA FE SPRINGS, Calif. - An appeals court has decided that it will not force a Santa Fe Springs strip club to shutter its doors. According to a recent report, the ruling effectively reverses a prior decision by Los Angeles Superior Judge Michael C. Solner last month, granting the city a preliminary injunction to shut the club down.
"This is great news for us, especially coming on the Fourth of July. Let freedom ring," Roger Jon Diamond, an attorney representing club and owner Edward Kwong, told the Whittier Daily News.
In last month's ruling, the club was found to be operating inside a commercial zone (rather than the designated industrial zone), and after an undercover investigation, the city filed a lawsuit against the club in May, calling it a "public nuisance" with instances of criminal activity. At that point, Kwong's only alternative was to convert his business into a restaurant.
Diamond appealed the judge's injunction, leading to Tuesday's Court of Appeal ruling. According to the report, Spicy's will now be able to remain open and offer adult entertainment until the lawsuit is resolved.
Judge Solner had set trial date for July 31, during which he will decide if the club will be closed permanently.
Diamond told the Whittier Daily News that he effectively provided the court with evidence that no alternate locations suitable for an adult business are available within the city's respective zone.
Federal law dictates that local governments can't use zoning laws to completely block adult businesses.