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Neighbors Fighting Alcohol Permit for Strip Club

Dallas Morning News, by Wendy Hundley
July 29, 2004

Residents who lost a fight to keep a strip club out of far northeast Dallas are waging another battle to prevent the business from selling alcohol.

"We want people to be aware this issue is still alive and still a threat to the community," said Terri Woods, president of the Lake Highlands Area Improvement Association. The group is collecting funds to hire an attorney to help in the fight.

Residents say the introduction of alcohol at the club would increase crime and incidences of drunken driving while lowering property values.

Last summer, scores of residents took to the streets in opposition to PT's Gentleman's Club opening a new business in a dry area along Plano Road, south of Miller Road.

The protesters presented the Texas Alcoholic Beverage Commission a petition bearing more than 5,000 signatures of those opposed to the business being allowed to sell alcohol.

Despite the opposition, PT's Gold Club opened in February at the site. However, the business was unable to obtain a permit to sell alcohol under a state law that had taken effect a month earlier.

The new law, drafted by state Rep. Bill Keffer, R-Dallas, and Sen. John Corona, R-Dallas, prevents sexually oriented businesses in dry areas from obtaining private club exemptions to sell alcohol.

While aimed at the Plano Road club, the new law affected six strip clubs in dry areas throughout the state. Most are in the Dallas area, including Penthouse Key Club and Silver City Men's Club along North Stemmons Freeway.

Owners of these businesses responded with a lawsuit contending that the law was unconstitutional because it violates their rights to free speech and equal protections. A separate lawsuit was filed by PT's owners.

Calls to the plaintiffs seeking comment were not returned.

On Tuesday, the Texas attorney general's office asked a Dallas federal judge to issue a summary judgment upholding the law.

"We believe we have enough information for the judge to rule now without going to a jury trial," said Tom Kelley, a spokesman for the attorney general's office.

Meanwhile, residents have formed the Lake Highlands Community Support Fund to help pay for a Tennessee lawyer considered an expert in legal issues involving sexually oriented businesses.

"We're hoping we'll have the same immediate response as the petitions for the liquor license," said Ms. Woods, who directed residents to the Lake Highlands association's Web site (www.lhaia.org) for more information.

Mr. Kelley said the attorney general's office has not requested outside counsel to assist in the case but said the neighborhood group could file a "friend of the court" brief to support the state's position.

Reprinted with permission of the Dallas Morning News.

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