South Dakota Strip Club Fights County Ordinance

The owner of an area strip club has contended that a county ordinance doesn’t apply to the club because of its zoning status, and now the owner, Bob Rieger, wants a judge to rule on his lawsuit against McCook County.

According to a recently published report, Rieger's business, Racehorses Private Club and Movie Theater, has continued to operate since altering its format to become a private club and circumventing the county's sexually-oriented business restrictions, which were laid out in a July 2005 ordinance.

Gary Thimsen, a lawyer for McCook County, told the Sioux City Journal that there will be a hearing on the motion Dec. 28. The county also has filed an outstanding summary judgment motion.

"It's a legal question," said Thimsen. "Mr. Rieger says it's not [constitutional]. We say it is."

The Sioux City Journal said that Rieger's representation argues that the ordinance has no legal application in Rieger's building because he's operating a private, members-only club.

"My point is why spend more money?" Rieger told the reporter. "It's just costing everyone money."

According to the report, Rieger's business was closed in the fall of 2005 after a 90-day grace period expired on the ordinance, which bans nudity, requires operators and employees to be licensed and subject to inspections, and requires dancers to maintain a six-foot distance between themselves and patrons.