Topless Club Challenged: Three Court Appeals

Reported by: Mike McClanahan
Updated: 3/17/2010 7:45 pm
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There’s no shortage of people standing up to end topless dancing at Sensations, but the club’s manager says there’s no shortage of customers either.

Some local churches object to the nudity.

“Our major concern is that the bar is a topless bar. That's the major concern that we have. When we found out that it was just going to be a club where there would be drinking and regular dancing, we were not opposed to that,” said Lawrence Conaway, Guiding Light Church Assistant Pastor   
 
Linda Grissom lives near the business. She says there has been too much noise and too much traffic since the club opened last month. Grissom feels the business will hurt property values in the area and the image of the community.
 
 “We have the school buses that come by here every day. It just doesn't present a good representation of this area. This is just not the type business that we need,” said Grissom.
 

 The City of Birmingham refused to issue dance permits or a liquor license transfer to the owner of Sensations.
 Jefferson County Circuit Judge Houston Brown ruled in favor of the business in February.
 
Birmingham, Trussville, and a group called the Citizens to Protect Derby Parkway have each filed appeals with the Alabama Supreme Court seeking to overturn Judge Brown's ruling, according to attorney Alton Parker.

The club is located in Birmingham, but it is near the city limits of both Trussville and Irondale.

Trussville Mayor Gene Melton and Irondale Mayor Tommy Alexander both opposed the idea of a topless bar in the location.  Melton said they are concerned it could have a negative impact on public safety and development in the area.

Melton said he investors who might build near a night club will be less likely to build near an establishment with topless dancing.

"...and make it virtually impossible to attract high end development at that location," said Melton. "It being a night club, a restaurant, that's something that blends in with that master plan for development there at that interchange. But instead of moving up they moved down by adding the strip club."

The club’s general manager, Drayton Nay, says the business has a constitutional right to operate and that they plan to say open throughout the entire appeal process.
 
 “These cases have all gone to the Supreme Court, the U.S. Supreme Court, and they've ruled that adult establishments are a legal form of entertainment therefore it must be allowed in cities. So you can't make a law that gets rid of adult entertainment. You can't do it. That would be unconstitutional because there's a thing called freedom of speech and dance is, for as long as the courts have decided, have decided that dance is a form of free speech,” said Drayton Nay. “The original judge followed the law, no matter which court you go to, how high you go, it's already been ruled on. All he did was follow the law. All any judge will have to do is follow the law. So if you don't like the law, change the law. Good luck.”

 Attorneys say it could be several months before the Alabama Supreme Court takes up the issue, if justices decide to even hear the appeals.

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b2706053 - 5/31/2010 2:33 PM
Drayton Nay is a gambler and a slimeball, his club attracts lowlifes and will ruin the property values in the area.

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