Fed court denies rehearing in erotic dancing club case

Tuesday, Dec. 23, 2003 | 8:50 a.m.

CARSON CITY -- A federal appeals court panel on Monday refused to grant a new hearing on whether the constitutional rights of the owners of an erotic dancing club in Las Vegas were violated when the club's license was suspended for serving liquor without a license.

The panel of the 9th U.S. Circuit Court of Appeals voted 2-1 against reconsidering its September ruling regarding the club, Talk of the Town. The majority of the panel said the club's lawyers tried to raise a new issue in asking for a rehearing or for the full court to hear the case.

Attorneys for Talk of the Town argued it was prosecuted under another ordinance and not the one that was the subject of the first appeal hearing. The court panel said all issues must be raised in the initial filing of briefs in the case.

The panel also said other members of the full court did not support allowing another full-scale hearing on the issue.

In its original decision the court upheld the city of Las Vegas' right to suspend the club's license when it determined there was no liquor license.

The alleged violations occurred in January and February 1998. The appeals court said the entertainment at Talk of the Town was a protected right of expression under the First Amendment. But it could not violate the liquor law and expect not to be punished.

Judge William Canby Jr. dissented in the original decision and also voted in Monday's ruling to allow a new hearing or to send the matter to the full court.