Here come the bikini bars

As predicted, the local strip clubs have a Plan B: Reinventing themselves as bikini bars.

Topless and fully nude clubs could avoid regulation altogether if their dancers wear bikinis, or even skimpier opaque coverings, allowing them to get around the "sexually oriented" classification, police and city officials acknowledged.

That would allow the clubs to remain open at their current locations, despite an ordinance now prohibiting them from operating within 1,500 feet of churches, schools, parks and residential areas.

"If they do, that's within the law," said Capt. Steve Jett, who heads the Houston police vice division, which regulates the clubs, along with adult bookstores, "modeling" studios and other places now targeted under the ordinance.

"If they don't, we've got investigations already going, and we will continue those investigations and make arrests in the fairly near future," he said.

The clubs' strategy has been under consideration for some time, as the deep-pocketed leaders of Houston's adult industry have waged a court battle with the city since a tougher ordinance was passed in 1997.

I seem to recall, after the ordinance's initial passage, that some clubs started featuring dancers with latex covering their nipples, and fuller bikini bottoms instead of the standard G-string/thongs. Again, as I recall, this had to do with a different aspect of the ordinance, in which dancers had to have - and display on their bodies somewhere - a license that included their real names. The "extra coverage" was a way around that, and I suspect what we'll see is a return to that.

The question still remains as to what any such change would mean to the clubs' ability to turn a profit:

"In the industry, there has been significant discussion about how businesses could change their method of operation and become compliant under the ordinance," said the owner at one of Houston's largest topless clubs who asked for anonymity out of fear that his employees would be targeted first.

Such a loophole exists because the ordinance uses specified anatomical areas and activities to define sexually oriented businesses. If employees in the businesses strategically place opaque clothing on certain body parts, and they're careful not to simulate sexual acts, those operations would be exempt.

"If you have the proper coverage, then it takes you out of the ordinance," said Nelson Hensley, a lawyer who recently filed state lawsuits on behalf of some adult businesses related to amortization, a process of allowing them to recoup their investments before closing or moving.

With bikinis, the clubs would be able to operate anywhere, subject to state alcohol regulations and local deed restrictions, city lawyers said. They also wouldn't have to comply with other restrictions in the sexually oriented businesses ordinance, such as rules prohibiting close contact between entertainers and patrons.

What's not clear is whether those customers, used to seeing topless or nude entertainers, will stop visiting the establishments.

"I still think it will be a profitable business," said Thomas Venza, a manager at Centerfolds Adult Entertainment in the 6100 block of Richmond.

But some who support the ordinance disagree.

"They're going to be trying to adapt an ad-hoc business plan to an existing format. That isn't going to work," said City Councilman Adrian Garcia, a former police officer who chairs the council's public safety committee. "At some point, customers will be looking for the real thing, and they will be going somewhere else."

It's possible we'll start seeing new clubs open up outside of Houston's city limits. As for how the existing clubs will cope, it's anybody's guess. Maybe the latex thing will be close enough for most customers, especially if the threat of getting raided is basically eliminated. I'm in no position to know.

Toby Belch has a link to and excerpt from the ordinance itself. You can see why it will have such a drastic effect as written and enforced.

Posted by Charles Kuffner on May 12, 2007 to Local politics