Fantasies hosed today in federal court
FEDERAL COURT TO THE HARTMAN SISTERS: ITS ONLY A FANTASY ON 5TH:In a lengthy decision handed down earlier today, US District Judge Tim Burgess upheld an ordinance passed by the Anchorage Assembly in 2005 restricting several business practices of cer "Adult Establishments" and dismissed claims by businesses that the ordinance violated state and federal constitutions. Kathy and Carol Hartman operate the 5th Ave. establishment and challenged the constitutionality of the municipality’s ordinance in federal court.
The 2005 amendments required that "a separation of a minimum of four (4) feet shall be maintained between entertainers, dancers and/or strippers and patrons," (a "No Touch"provision) and prohibited owners from "broadcasting" to sites outside the licensed adult establishment. At the heart of the controversy was a glass ceiling installed by Fantasies which separated nude dancers in a non alcoholic club below from bar patrons looking down from inside a bar above the strip club. Advertising for both clubs touted the "Fantasy" older bar patrons would enjoy while peering at nude dancing below. An attorney for the Club told the Assembly before the ordinance was passed in 2005 that the "viewing area . . . will be completely glassed in for safety and drool protection."
The municipality won summary judgement on claims made by business owners that the "four foot" rule unconstitutionally infringes on Free Speech, that the ordinance violates the equal protection doctrine, is unconstitutionally vague, and that the "broadcasting" provision violates the Commerce Clause. On provision of the ordinance relating to "simulated sex acts" was stricken, and a number of other claims made by plaintiffs were not addressed by the court. A second order issued by the court one day later resolved remaining claims in the litigation in favor of the municipality. Before the trial court, the case is now over.
Read the court's decision:
First Order
Second Order
Read the court's decision:
First Order
Second Order
posted by Allan Tesche @ 5:12 PM
5 comments
5 Comments:
Boo! Hiss! Bad law! Shame on lawmakers.
Tesche, if you don't like it then don't go. Don't support what you don't like but don't go out of your way to harm businesses.
I'm very disappointed in this law and the federal court which upheld it. I'd say I'd go to Good Time Charlie's in Soldotna, but they close at midnight now.
Isn't a person that has reached the age of 18 considered an Adult? You would think an adult would be allowed to work at a place where they wish to work. Their not being forced at all.
He likened Fantasies to a place where "you tie these little lambs up to a stake and let the lions come in and feast their eyes, their fantasies, and god knows what else."
Hmmm a comment like that makes us wonder where your mind really is.
Mr. Tesche, I would like to CORRECT the FALSE STATEMENTS you have made regarding a business in which I am part owner; Fantasies on 5th Avenue. First of all, you stated "At the heart of the controversy was a glass ceiling INSTALLED BY FANTASIES which separated nude dancers in a non-alcoholic club below from bar patrons looking down from inside a bar above the strip club". THIS "GLASS CEILING" HAS NEVER EXISTED!!!!! I would think that being an elected official, and actually OUR Assemblyman, representing OUR district; you would at least verify your statements that you are making to the public prior to making them! No Assemblyman should be making FALSE statements against any of your constituents, voters, or business owners, or citizens in this community. Yet, to date, you continue to make these FALSE statements and others to members of the community, the public in general, TV reporters, and even Community Council members. You have even gone so far as to make statements regarding "the abuse of women" that takes place at Fantasies. I would challenge you to talk to any of the women working at Fantasies regarding any abuse, and I'm sure you will be quite surprised that they CHOSE to work here, and that there has NEVER been any form of abuse of these women. These statements have the same ring to them as the other untrue statements you have made. If you don't even know there IS NOT, and HAS NEVER BEEN a hole cut in the floor, or "glass ceiling" as you call it in our club, how could you possibly have ANY idea what goes on in our clubs? Where are your ETHICS? Secondly, you stated that "Advertising for both clubs touted the "Fantasy" older bar patrons would enjoy while peering at nude dancing below". I would ask you to show me what advertising you are talking about, because there has NEVER been any advertising even remotely resembling what you said! We do 95% of our advertising on the radio, and they would not put that in an ad. We have NEVER advertised a glass ceiling, or the fact that anyone could PEER AT NUDE DANCERS BELOW, because the "glass ceiling" has NEVER existed! Next, you stated that "An attorney for the club told the Assembly before the ordinance was passed in 2005 that the "viewing area...will be completely glassed in for safety and drool proofing"." This statement was made regarding a "PROPOSED" glassed in area that NEVER came to be, and the remark he made about it being "drool proof" was a sarcastic remark regarding the quote by Assemblyman Dick Traini that appeared in the Anchorage Daily News on Tuesday, August 23, 2005..."Old men can sit there on the corner and drool on young girls on the first floor," Traini said. So...in conclusion, I would simply ask that you stop defaming us personally, our businesses, family, and employees through your false and harmful statements. You are entitled to your own morals and opinions, but please don't push them on the public with false statements that so severely and adversely affect our business and our personal lives. The statements I have made here are all verifiable, and I would hope that before you make any more statements regarding us personally, or our businesses, that you would verify what's included in those statements prior to making them. Thank you, Carol Hartman
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