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November 26, 2009

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Judge allows nude club to stay open

Wednesday, May 31, 2000 | 10:56 a.m.

An erotic dance club in Las Vegas challenging its closure two months ago can remain open while its legal case moves forward, a federal judge said Tuesday.

The Forbidden Club at 3100 Sirius Avenue was closed by city officials March 26 when police officers found two empty bottles of Hooper's Hooch inside. The business is licensed as an erotic dance establishment and is not permitted to sell or have alcohol on the premises.

Citing a list of concerns, including a shooting at the club last year, city officials issued an emergency suspension of the club's license the same day and the club was closed.

But U.S. District Court Judge Johnnie Rawlinson issued a temporary order allowing the club to reopen a few days later. The judge ruled the club owner's due process rights were violated when the business was closed without advance notice or an opportunity for a hearing.

However, Rawlinson rejected the club's argument that the city violated its First Amendment rights by closing the business without a court order.

On Tuesday, Rawlinson issued an injunction allowing the club to remain open pending the outcome of further legal proceedings. The judge reiterated her position the business was not given an opportunity to present its case to city officials in a timely manner before or immediately after the closure.

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