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County sued for nude dancing law
By Donald Fraser Staff Writer
Playhouse Gentleman's Club and Club Fantasy are having their constitutional rights violated, according to a lawsuit filed by the owner of the county's only two adult entertainment businesses.
Hubert Ray Fountain alleges the county's adult entertainment ordinance, adopted in May, "is an unconstitutional prior restraint" violating both the U.S. Constitution and Georgia Constitution "because it grants the government unbridled discretion in granting a license."
It also does not specify the time frame for reviewing a license application, according to the complaint filed by Mike Cummings. The lack of a specified license review period is "fatal to such an ordinance."
Cummings said the ordinance also was invalid "because it provides no means whatsoever" for review of license denial.
That the county is seeking "a total ban on nude dancing is unconstitutionally overbroad," Cummings wrote. He also complained the ordinance was improperly passed because it "was not properly advertised."
It was not until the second reading of the proposed ordinance that "a licensing process" and a $5,000 licensing fee were mentioned.
David Fountain, who manages the clubs for his brother, refused comment. "I'll have to let you talk with Mike Cummings," Fountain said. "At this time, no comment."
Fountain said he would be willing to discuss the case only in the presence of Cummings. He did state that "thousands of dollars have been spent remodeling those places."
County Attorney Allyn Stockton said he was "not completely" familiar with the Fountain lawsuit.
"If there's a problem with the ordinance, then most of the rest of the state's got problems," Stockton said. The Rabun County ordinance was based on existing adult entertainment ordinances in other counties, Stockton said.
When it comes to whether the county improperly advertised the ordinance "I'm not sure what he (Cummings) is talking about," Stockton said.
Discussion of a license fee shouldn't be a problem, Stockton said. "I'm pretty sure there's an ordinance providing for commissioners to set fees" independent of other ordinances.
Hubert Ray Fountain alleges the county's adult entertainment ordinance, adopted in May, "is an unconstitutional prior restraint" violating both the U.S. Constitution and Georgia Constitution "because it grants the government unbridled discretion in granting a license."
It also does not specify the time frame for reviewing a license application, according to the complaint filed by Mike Cummings. The lack of a specified license review period is "fatal to such an ordinance."
Cummings said the ordinance also was invalid "because it provides no means whatsoever" for review of license denial.
That the county is seeking "a total ban on nude dancing is unconstitutionally overbroad," Cummings wrote. He also complained the ordinance was improperly passed because it "was not properly advertised."
It was not until the second reading of the proposed ordinance that "a licensing process" and a $5,000 licensing fee were mentioned.
David Fountain, who manages the clubs for his brother, refused comment. "I'll have to let you talk with Mike Cummings," Fountain said. "At this time, no comment."
Fountain said he would be willing to discuss the case only in the presence of Cummings. He did state that "thousands of dollars have been spent remodeling those places."
County Attorney Allyn Stockton said he was "not completely" familiar with the Fountain lawsuit.
"If there's a problem with the ordinance, then most of the rest of the state's got problems," Stockton said. The Rabun County ordinance was based on existing adult entertainment ordinances in other counties, Stockton said.
When it comes to whether the county improperly advertised the ordinance "I'm not sure what he (Cummings) is talking about," Stockton said.
Discussion of a license fee shouldn't be a problem, Stockton said. "I'm pretty sure there's an ordinance providing for commissioners to set fees" independent of other ordinances.
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