Originally published December 18, 2007 at 12:00 AM | Page modified December 18, 2007 at 9:16 AM
Judge: Bothell strip-club ban went too far
A federal judge in Seattle ruled Monday that a yearlong moratorium on adult-entertainment clubs in Bothell — now expired — was...
Seattle Times Eastside bureau
A federal judge in Seattle ruled Monday that a yearlong moratorium on adult-entertainment clubs in Bothell — now expired — was unconstitutional.
Now a jury could decide how much to award the would-be strip-club owner who sued the city.
U.S. District Judge Thomas Zilly issued a partial summary judgment in favor of Bob Davis, perhaps best known for suing Seattle over its strip-club moratorium in 2005 and settling the case for $500,000 last year.
Davis sued Bothell earlier this year after he tried to get a strip-club license from the city, which doesn't have any adult-entertainment clubs.
At issue in court are two back-to-back moratoriums the city had issued against licensing any adult-entertainment facilities. The city issued the first moratorium, for six months starting in March 2006, shortly after Davis first asked about getting his license. Then the city issued a yearlong moratorium starting in September 2006. It wasn't renewed when it ran out.
Nonetheless, Zilly ruled that the second moratorium "constituted a total ban" on adult-entertainment facilities and "suppressed protected speech before it started" by prohibiting any adult-entertainment clubs from opening.
Zilly didn't rule on the first moratorium, instead setting it for a jury trial in October. The panel would also be asked to set monetary damages for Davis for violation of his free-speech rights through the second moratorium.
It may not come to that. Davis' lawyer, Kristin Olson, of Bellevue, said they will meet with the city well before October. "We'll likely try and settle," she said.
City officials couldn't be reached for comment.
Meanwhile, Davis no longer has the location on Bothell Way where he originally wanted to open a club, Olson said.
Rachel Tuinstra: 206-515-5637 or rtuinstra@seattletimes.com
Copyright © 2007 The Seattle Times Company

Mourners gather at KeyArena for slain officer's memorial
Mourners gathered at KeyArena for the memorial service of Seattle police Officer Timothy Brenton on November 6, 2009.
nwjobs

Post a comment

Michelle Goodman blogs about work/life balance.
How to tell your office you're gravely ill
Post a comment
nwautos

Choosing a new sedan? Weigh the impact of your choice on your wallet and on the planet.
Post a comment
- Flags were key link to cop slaying, bombings
- Suspect shot as city mourns slain officer
- Briefs | Soccer: New Mexico suspends hair-pulling player Elizabeth Lambert
- Bombs, guns found at home of suspect in Officer Brenton's slaying
- Huskies suffer another heartbreaking loss to UCLA
- McGinn pulling away as late ballots come in
- Using anti-shooter tactics, civilian Army police officer brought down gunman
- How an underdog named Mike McGinn took City Hall
- 3 Cascade Mountain passes close due to snow; more rain, wind expected Sunday
- Heavy snow in Cascades shuts down roads
- UCLA game thread
940 - Weapons, bomb-making materials found in suspect's apartment
336 - U.S. House passes health plan
256 - Decision day for health care in the House
202 - Bombs, guns found at home of suspect in Officer Brenton's slaying
182 - Referendum 71 show's Washington's strategy for marriage equality is working
109 - Huskies suffer another heartbreaking loss to UCLA
104 - Grading the game
100 - How an underdog named Mike McGinn took City Hall
68 - Fort Hood shooting suspect had shown troubling signs
43
- Suspect shot as city mourns slain officer
- Flags were key link to cop slaying, bombings
- 10 ways to take control of your health
- The birth of 'Grunge,' in photos by Michael Lavine
- How do innovators think?
- Danny Westneat | Lee the Horse Logger found slow wagon shrank tumor
- 10 investing missteps to avoid
- Bombs, guns found at home of suspect in Officer Brenton's slaying
- Guest columnist | Cut the South Carolina jokes, Seattle. Get ready to compete
- Consortium on verge of owning Eastside railway land





