Promoter May Sue Fullerton Over Reversal on Club

An annoyed nightclub promoter said Wednesday that he may file suit against the city of Fullerton after the City Council rescinded approval of a restaurant-cabaret that would have included topless dancers.

Beverly Hills attorney Joshua Kaplan, who represents club owner John Morrison, said he was “inclined” to go to court to obtain a conditional use permit for the club. He also said he may seek damages.

The Fullerton City Council voted 5 to 0 on Tuesday to reject Morrison’s request to open the business at 2425 E. Orangethorpe Ave. near State College Boulevard. The council’s vote reversed the city Planning Commission’s unanimous decision in September to allow the facility.

New Parking Requirements

The reversal came after the city applied a new set of parking requirements to Morrison’s proposal.

“I’m a little upset with the way things were handled,” Morrison said. “They totally violated my constitutional rights.”

Morrison said city officials had supported his plan until 48 hours before Tuesday’s hearing. “I didn’t find out they had changed their mind until I read a newspaper article on Saturday. . . . We felt like we were led into the lion’s den.”

Originally, the Fullerton Planning Commission had classified the club as a “restaurant-cabaret,” meaning the facility would need 89 parking spaces. But after reviewing the proposal, the city planning staff decided to reclassify the building as a “theater,” which requires 136 spaces.

Jenette Litton, the city planner who made the first classification, said she soon realized that “I had made a boo-boo.”

The proposal created an uproar among a group of Fullerton citizens who feared that topless dancing would bring crime and prostitution to their community.

Among about 100 opponents who packed the City Council chambers Tuesday was Rep. William E. Dannemeyer (R-Fullerton), who said that the will of the community required that the council withhold its approval. One opponent presented a petition reported to contain 980 signatures of Fullerton residents opposed to the club.

Kaplan said opponents don’t understand the nature of the club. He said “a Las Vegas-type lounge show” would be just one aspect of the operation, which would include a restaurant, a sports-oriented bar, musicians and comedians. Topless dancing is “not the major component,” Kaplan said.

Morrison, the principal owner of the proposed club, owns the Comedy Club in Long Beach, the Pastime Bar and Grill in Paramount and Fritz That’s It in Bellflower.

Morrison said he is a legitimate businessman who plans to run a clean operation, not a sleazy bar.

“There are 100,000 people in Fullerton and 99,000 people were for the project,” Morrison said. “These people are out to lunch if they think that mainstream America doesn’t like to come and look at pretty girls dance.”

Barring action by a court, Morrison must wait 6 months before he can submit a new proposal for the Orangethorpe Avenue facility.