City wins legal battle over sexually oriented businesses

(2/05/07 - KTRK/HOUSTON) (KTRK) -- The city will now be able to enforce a rule keeping strip clubs and adult bookstores at least 1,500 feet away from schools and churches. The ordinance has been on the books for a while, but the city hasn't been able to do much until today.

The ordinance has been tied up in the legal system until last week when a judge sent out a ruling, basically allowing the city to enforce the ordinance. It's an ordinance which could affect up to 100 sexually oriented businesses.

We're told one of those affected businesses is Treasures strip club on Westheimer. That club was recently raided for several license violations. Now, according to the city, it also falls within the 1,500 foot rule.

The ordinance is not new. It was originally drafted in 1997, changing the distance a sexually oriented business could be from a school or church from 750 feet to 1,500 feet. It added city parks to the ordinance as well.

Several establishments at the time sued the city, saying that ordinance was an attack on such businesses. A judge agreed, and the case went to the state appellate court, which overturned that judge's ruling. A new trial was held in December, and last week that ruling was issued allowing the ordinance to be enforced.

Attorneys for the city say the ordinance will apply to all sexually oriented businesses, even if they were in past compliance.

"The city council thought about leaving them in place, but if you believe that there are problems with having businesses within 1,500 of a school, a day care center or a park in a residential area, the fact that they were there before doesn't mean that the problems are any less," said city attorney Pat Zummo.

We're told the city will not enforce this ordinance right away. They plan to give the other side an opportunity to go to a judge and stay in business while they appeal this decision.

Phone calls to attorneys for several of the clubs have not been returned at this time.
(Copyright © 2007, KTRK-TV)

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