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February 12, 2012

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Taxicab Authority rejects complaint from 2 strip clubs

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Leila Navidi

A taxi leaves Deja Vu Showgirls in April. Several strip clubs pay cabdrivers bonuses to bring in customers, but several topless clubs want the Clark County Commission to crack down on the payments.

Wednesday, Aug. 25, 2010 | 10:43 a.m.

The Nevada Taxicab Authority says there is no evidence that 12 Clark County companies violated any state laws or local ordinances regarding the alleged diversion of customers to local strip clubs.

The board voted 3-0 Tuesday to reject a complaint by Déjà Vu Showgirls and Little Darlings against the 12 companies operating in the Las Vegas area. Chairwoman Stacie Michaels abstained.

The clubs’ complaint alleged that cabdrivers routinely persuade their customers to go to rival clubs because the rivals pay higher tips to drivers for bringing in customers. The complaint says the cab companies are responsible for the actions of the drivers.

Neil Beller, the lawyer representing the two clubs, said he would appeal the ruling to the Nevada Transportation Authority.

The 90-minute hearing was a small slice of a controversy that has played out in Las Vegas for years, but it was the first time in years that a complaint had been fielded by the Taxicab Authority.

Topless and nude dancing clubs have engaged in an escalating battle to attract tourists to their establishments and have enticed cabdrivers with gratuities that in some cases have risen to more than $100 a customer.

Although Las Vegas has an ordinance banning the practice, Clark County doesn’t. State taxi regulations also outlaw the practice of diversion, which occurs when a driver persuades a customer to go to another club after requesting a ride to a specific destination. It happens most often with adult clubs, but also occurs with restaurants and nightclubs.

Beller’s complaint said cabdrivers not only collected higher tips from rival clubs by diverting customers, but they made disparaging remarks about the dancers at Déjà Vu and Little Darlings.

But representatives of the Taxicab Authority said each cab company has policies banning diversion, and drivers caught doing so are disciplined. Authority board members said there was no evidence to suggest that companies willingly allow their drivers to divert customers.

Beller was critical of a three-page report by a Taxicab Authority investigator who interviewed drivers and solicited policy statements from executives showing how they oversee diversion rules.

The report included surveys of 309 drivers from the 16 cab companies operating in Clark County and faxed statements from executives outlining how their policies are explained to drivers and how violators are disciplined.

“It’s the most (lacking) report I’ve seen in all my years of practicing law,” Beller told the board. “If this report is what you’re relying on to determine how the companies are involved, it’s an embarrassment. Tipping is a known happening and a large happening in Las Vegas.”

Beller also was upset that drivers have been allowed to make disparaging remarks about club employees in their efforts to divert customers. On more than one occasion, Beller said his private investigator working undercover as a customer heard from cabdrivers that the clubs’ “girls are ugly, girls are fat and girls have bullet holes in them.” He also alleged that rival clubs have employees who solicit prostitution.

Testimony from Beller, Deputy Attorney General Scott Davis and several cab company representatives indicated that the complaint before the Taxicab Authority was one of several continuing legal actions and ongoing investigations on diversion.

A separate investigation is under way against individual cabdrivers accused of diverting customers and suits have been filed in federal and state courts.

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