Surf City council delays vote on nudity ban

Kenneth Ma

HUNTINGTON BEACH -- The City Council has delayed a final decision on a

proposed anti-nudity ordinance, citing a need to review information from

a recent federal court ruling.

Surf City’s proposed ordinance -- which would ban nudity in all public

places, including bars and restaurants -- is expected to reappear before

the council Sept. 5.

“It is a very difficult issue legally,” Councilman Ralph Bauer said.

“We want to make sure whatever we do is defendable in court.”

In June, the 9th Circuit Court of Appeals ruled in favor of Alameda

Books in its lawsuit against the city of Los Angeles. The court ruled

that a city ordinance prohibiting adult book stores from having

video-viewing booths was unconstitutional because there was no evidence

to suggest the booths would trigger lewd conduct, making the ordinance

unnecessary.

Randy Garrou, who represented Alameda Books, said the case could have

an effect on Huntington Beach’s proposed nude ordinance because one of

the council’s reasons for the law is the supposition that full nudity in

public places has negative secondary effects, such as prostitution.

Garrou, who also represents Flamingo Adult Theater, sent a copy of the

appellate decision to the city. City Atty. Gail Hutton asked the council

for time to review the case.

The Flamingo theater -- Surf City’s first all-nude, nonalcoholic

exotic club -- opened its doors last month at 18121 Beach Blvd.

Because the club’s dancers are required to be at least 6 feet away

from customers during a striptease, the potential for prostitution does

not exist, Garrou said.

The Alameda Books case “raised serious doubts about the

constitutionality of the ordinance [the council] is about to [vote on],”

Garrou said.

The ordinance has some support in the community.

A resident spoke out at the council meeting in favor of banning nudity

in Surf City.

“The nude juice bar needs to get out of here completely,” Cheryl

Hoglund said. “Nudity is not acceptable, period.”

A small group of nudists disagreed. Four people from the Naturist

Society, an organization advocating nude recreation, and the American

Assn. for Nude Recreation spoke out against the proposed ordinance. Two

of the speakers were from Huntington Beach.

Marianna Handler, a member of The Naturist Society, said the city’s

anti-nude ordinance may be overreaching its intended purpose.

In trying to regulate sex-oriented businesses, Handler said the

ordinance would also ban other forms of nudity, such as nude sunbathing.

“If one city passes an ordinance like this, other cities often

follow,” the San Juan Capistrano resident said.

Bauer said he will consult with the city attorney’s office to see if

the ordinance has an overreaching effect. However, Bauer said he doesn’t

believe the language of the ordinance will change dramatically in

September.