The strip club owners haven’t had much luck in court with the 1997 anti-SOB law, so I’m not sure why a strip club landlord thinks they’ll do any better, but they”re giving it a try anyway.
The landlord of a topless club has sued the city for trying to shut down its tenant or force it to move to comply with an ordinance regulating sexually-oriented businesses.
The suit, filed in state district court Thursday on behalf of DXB Richmond Inc., contends that by enforcing its ordinance the city is unconstitutionally taking away the firm’s tenant, Legends Cabaret, without just compensation.
“The city of Houston should not be able to pick and choose tenants for any landlord,” said Cory Krueger, DXB’s attorney, who also has represented Legends Cabaret and other strip clubs.
Senior Assistant City Attorney Don Cheatham said the city had not been served with the suit by late Thursday, and he could not comment on it.
The suit seeks unspecified damages, including costs for finding a new tenant, remodeling the building for a new tenant and the difference in the lease amount should a new tenant pay less than what the club pays, Krueger said. The suit also asks for attorney fees and expenses.
[…]
Cheatham said several other suits remain unresolved in state district courts and deal with such issues as the businesses asking the city to allow them to recoup their investments.
I get the difference in what the suits are about, but it’s still not clear to me why this plaintiff thinks it will get a different result. Any lawyers want to comment on that?