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 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