Flamingo folds, city settles

Paul Clinton

City leaders have made peace with a sex-industry nemesis, settling a

two-year lawsuit with the owner of a controversial Beach Boulevard strip

joint.

The owner of the Flamingo Adult Theater agreed to drop his challenge

of a city law governing adult businesses and sold off the club to a

neighboring car dealer.

The pink-and-teal Flamingo, a windowless building, was the city’s

first and only all-nude club.

But Talbert and Beach Inc. President Harry Tatarian dropped his

lawsuit in March after fighting the ordinance for two years and losing

round after round in court.

The City Council approved a settlement with Tatarian shortly after he

closed the Flamingo Adult Theater on March 26.

The settlement, announced at the April 15 City Council meeting, was a

good way to purge the city of an unwanted business, Councilman Ralph

Bauer said.

“We got rid of something the public didn’t want,” Bauer said. “We’re

not that kind of town. Our public is not interested in looking at naked

ladies.”

The club’s property, at 18121 Beach Blvd., is now a parking lot used

by owners of Delillo Chevrolet. The club has been demolished.

The suit was no longer necessary, after Tatarian decided to fold, said

Roger Jon Diamond, his attorney.

“The problem was that the club owner spent too much [money on the

litigation],” Diamond said.

The city also racked up some legal bills, spending about $50,000 to

plead its case in court. Tatarian sued to overturn the city’s ordinance

shortly after opening his doors.

The club opened in late July 2000, next door to a Kaiser Permanente

medical center.

Later that year, the city passed the ordinance, which prohibited any

contact between the dancers and customers. The law requires the dancers

to maintain a six-foot distance while performing a striptease.

Tatarian’s lawsuit, filed in federal district court, was an attempt to

overturn that law.

Stepping up to enforce the law, the city’s police department issued

citations to several dancers who officers said violated the buffer zone.

The fines handed out ranged from $50 to $100. On March 19, the city

agreed to drop the fine against Heather Elam, one of the dancers, during

a Westminster court hearing.

Diamond, a familiar face in cases involving battles between cities and

strip clubs, said he thought the city’s ordinance was unconstitutional.

State law protects stripping as one of the freedoms of expression.

“I think [the city’s ordinance] was too extreme and possibly

unconstitutional,” Diamond said. “Clubs are allowed to get injunctions to

stop enforcement of the ordinance. It’s a kind of rough justice.”

Deputy City Atty. Sarah Lazarus, who defended the city in the suit,

said Diamond’s critique of Huntington Beach’s law was unfounded.

“That’s what he’s paid to say,” Lazarus said. “We won everything.”

* PAUL CLINTON is a reporter with Times Community News. He covers City

Hall and education. He may be reached at (714) 965-7173 or by e-mail ato7 paul.clinton@latimes.comf7 .