ATLANTA, GA, January 1, 2015 – by Trey Benton – In a nude dancing lawsuit very similar to the recently decided Pink Pony vs. The City of Brookhaven case, Oasis Good Time Emporium is appealing a ruling by DeKalb County Superior Court Judge Asha Jackson where their case was dismissed.
The adult club’s lawsuit seeks to allow alcohol and nude dancing in the same establishment – a practice which is not allowed by Doraville’s Sexually Oriented Business Ordinance (SOB).
The Oasis was part of the same DeKalb County settlement agreement as Brookhaven’s Pink Pony, after a lengthy legal battle in the late ’90’s, that was initiated in 2001 and amended in 2007. The agreement offered existing clubs a waiver of enforcement of ordinances in exchange for a fee and a non-conforming status.
In 2012, the City of Doraville annexed the Oasis, along with it’s surrounding area, which meant the club had to conform with city’s SOB ordinances.
After the April 18, 2014 DeKalb Superior Court dismissal, attorneys for the club said they would appeal the Constitutional components of their case to the Supreme Court. They did and the GA Supreme Court will hear arguments during the 2:00 PM session on January 6, 2015.
The same attorney that represented Brookhaven, Scott Bergthold, represents Doraville in its defense against Oasis.
Doraville’s attorneys say in briefs the reasons the Supreme Court upheld a DeKalb Superior Court’s decision to dismiss the Pink Pony vs. The City of Brookhaven case, should have bearing on the Oasis case since the challenge is virtually the same. “The case forecloses them, as it is on all fours: it affirmed judgment on the pleadings against a former DeKalb County nude dancing club making the same constitutional challenges to substantively identical ordinances.”
Oasis’ attorneys contend, “Oasis has been in business with nude dance entertainment and alcohol service for over 22 years. Neither Doraville nor DeKalb County has ever issued a citation to the business. The city has offered no evidence of any adverse effects resulting from Oasis’ operation. Yet, Doraville insists that the regulations it has imposed on Oasis, the sole adult club in the city, are narrowly tailored to achieve its interests.”
The six year agreement will cost the Pink Pony $225,000 per year – payable to the Brookhaven Police Department to be used to pay for the added cost of policing, enforcing the agreement and controlling any potential negative secondary effects of the club.
The Pink Pony will have to pay all legal fees, capped at $283,000, Brookhaven incurred in the litigation and drafting the agreement. Included, Pink Pony had to pay an initial sum of $47,000, then recurring payments moving forward until the balance is satisfied.
The Pink Pony also agreed to donate land along the Peachtree Creek that runs along the clubs property, as well as agreeing to pay $75,000 for Brookhaven to build a linear park.
Will the Oasis vs. Doraville case eventually boil down to an agreement such as the Pink Pony vs. Brookhaven case did? It’s certainly a possibility, but that could all depend on the decision of the Supreme Court, which is not likely to be announced for several months after Tuesday’s Oral Arguments.