El Paso strip club patrons will now have to navigate their way through a complex course of new rules and regulations adopted by City Council today. By a unanimous vote, the Council moved to enact an ordinance calling for the strict regulation of all sexually-oriented businesses within the city limits. The vote was welcomed with boisterous cheering and applause from supporters of the ordinance, much to the dismay of several adult theater and club employees, owners and their lawyers.

The lengthy list of requirements and regulations within the ordinance now calls for sexually-oriented businesses, or SOBs, to make several adjustments to be able to operate in compliance with the law. Fully nude dancers are now prohibited, regardless of whether such public nudity is expressive in nature; semi-nude dancers must remain 6 feet away from patrons at all times; semi-nude dancers also may not touch a customer or clothing of a customer while on the premises.

The issue of putting more governmental muscle behind increased SOB regulations has been a contentious one that has brought out some very vocal opinions from both sides of the issue.

Opponents of the ordinance said the new law would effectively shut down strip clubs and adult bookstores, leaving employees of those establishments out of work.

Salvador Gomez went before council to speak against the proposed ordinance. In passing the ordinance, Gomez said, the Council would accomplish two things: “the doors are going to close to these businesses” and “you are going to get a warm, fuzzy feeling because you did the right thing.” But he claimed the Council did not provide any justification for the ordinance.

Charles Roberts, an attorney for several adult bookstores in the area and Jaguar’s Gold Club, a strip club on the Eastside, warned Council members of proceeding with ordinance because of possible legal issues that may arise with its passage, such as lawsuits from SOB owners. “I don’t know what it costs. Forget about taxes; forget about the jobs; but think about the legal fees,” he said in referring to the costs the City may incur in fighting the possible lawsuits.

Roberts asked the council to postpone the ordinance for a few weeks so that the sexually-oriented business industry could have input in the matter.

Lisa Turner, a frequent speaker before City Council, also cautioned them against enacting the ordinance. “The road to fascism is paved with ordinances like this,” said Turner. “It’s easy to pick on this industry,” she added before suggesting that if the Council had success with this ordinance, they would want to extend similar regulations “someplace else.”

Jim Deegear, a San Antonio attorney who represents the Tequila Sunrise club, also spoke on the possible loss of jobs that would result from the provisions within the ordinance. He said Tequila Sunrise employs 30 people directly, and hires over 100 entertainers.

Deegear, too, warned council of treading onto dangerous legal ground. He claimed that the proposed regulations would not pass scrutiny within the court system if lawsuits were brought up. “You are on thin ice, at best,” he told the Council.

Rep. Melina Castro was concerned with just how much the city may have to pay to lawyers and plaintiffs involved in such lawsuits; she asked Deegear how much similar cases in other cities have cost those cities’ governments. Deegear told Castro that in one case a city spent anywhere from $400,000 to $500,000 on outside counsel in addition to whatever amount was paid to settle the case.

Rep. Susie Byrd questioned Deegear as to which provisions would put his clients out of business. Deegear told Byrd that a man goes into a strip club to be part of a “fantasy world.” He claimed it was entertainment, and that the fantasy was that a girl inside the club would be in love with him. Deegear quickly noted that that fantasy was contingent upon the patron’s ability to pay for it; “the love runs out when the money runs out,” he said.

Deegear told Council that the 6-foot rule would require that tables within the business be set at least 12 feet apart in order to allow a stripper to perform a legal private dance, and that would result in fewer tables which in turn would mean less customers for the establishment.

Justin Moody, who works as the manager for Jaguar’s club, said that in his 5 years in El Paso he met his wife, who is “well-respected business woman,” bought his first new car, and bought a home. He told council that he owes those things not to the City of El Paso, but to Jaguar’s.

Moody then questioned the Council’s ability to effectively monitor and regulate a sexually-oriented business. “How many of you have ever been inside of an adult club or bookstore,” he asked. “I have, for 10 years,” Moody stated. “I know how to regulate it; I know how to keep it clean.”

But supporters of increased regulations stated the ordinance would help to stem the harmful health and secondary effects of the goings-on within strip-clubs and porn stores; the spread of sexually transmitted diseases, higher occurrences of crimes such as vandalism and sexual assault, and a general decrease in the values of properties near those businesses are a few of the reasons supporters cited as justification of the ordinance.

Former law enforcement officer Larry Wilkins claimed that drug use is one of several illegal activities that take place within adult clubs. “I can tell you as a law enforcement officer for many years that bad things happen in there,” he said.

Also speaking in support of the ordinance was Randy Graham, who told Council “I am one of those zealous and proud members of the religious right that was spoken of earlier.” Graham claimed that adult clubs, along with pornography, are a “scourge, a plague, a blight on our city,” and that they should be eradicated.

Graham then told Council the argument that nude dancing is a form of expression protected by the First Amendment of the Constitution is not sustainable. “The argument of free speech is no more valid now than it was hundreds of years ago,” he said.

Roger O’Dell, Executive Director for Model Cities El Paso and former local Republican Party Chairman, said there was ample justification for Council to change the existing SOB ordinance, established in 2003. “Our intent is not to close down sexually-oriented businesses,” he said. “Our intent is to regulate it.”

O’Dell said he has seen what the adult entertainment industry does do those who work in it, and often time women have to leave El Paso to get away from their past experience as exotic dancers. “They get used up and thrown away in this industry,” said O’Dell. “My heart goes out to these young ladies.”

Responding to criticism that the proposed ordinance was religiously motivated, O’Dell told Council “this is not a religious issue; this is a public health issue.” He then handed City Clerk Richarda Momsen a large stack of petitions he said contained over 3,500 signatures from people who were in favor of stricter regulations for SOBs.

Allegations of Campaign Influence

O’Dell thanked Reps. Ann Morgan Lilly and Beto O’Rourke for their support for the ordinance, even while they are in the middle of their bids for reelection.

Then, while still standing at the podium, O’Dell asked whether Rep. Eddie Holguin was up for reelection, which he is. O’Dell pointed out to Council and the audience that Holguin had received a campaign contribution from Jose Fong, owner of the Tequila Sunrise.

City records show that Holguin did receive $250 from Fong on January 18, 2007. Fong contributed another $200 to Holguin’s campaign just over three weeks ago on April 14, 2007.

Holguin was the only member of council absent from today’s meeting, citing illness as his reason for not being in attendance. Holguin, who was visibly uncomfortable and appeared ill at a special City Council meeting on Friday, said he was sick all weekend. “I actually have the flu,” he said.

Holguin said his absence was in no way due to the discussion of the ordinance before Council today. “I think that is ridiculous and ludicrous that someone would say that,” he said of O’Dell’s comments. “They can say anything they want at the podium, but I think it’s wrong,” he added.

Saying that he is not one who would shy away from an issue, Holguin further stated that he has in the past voted against issues supported by people who contributed to his campaign.

Fong, who was in attendance of the meeting, said money has nothing to do with this issue. Fong stated he has known Holguin for 12 or 14 years. He also said he has given to Mayor John Cook and Rep. Presi Ortega in the past. “Every politician needs money for campaigning,” he said. “We’ve been friends for years.”

The Result

Before voting on the ordinance, the Council retired into executive session for the second time during the discussion to further debate legal issues with the City Attorney’s Office.

Council returned with only one amendment to the ordinance. The amendment allowed for employees who regularly appear semi-nude to interact with customers while clothed. The original ordinance prohibited such interaction by employees, regardless of their state of dress.

After the ordinance was passed by a vote of 7-0, supporters in the audience stood and cheered loudly.

Elizabeth Branham said she and other supporters were ecstatic with the outcome. “It was long overdue,” she said.

Speaking of the dancers who may lose income or their jobs, Branham said she does not judge them. “If anything we want the best for them.”

Deegear said he did not see the justification for passing the ordinance. He said it does nothing to address issues of crime, safety, and property devaluation, all of which were cited by the ordinance’s supporters.

Deegear added that what the ordinance really does is cover parts of an exotic dancer’s anatomy. “We’re doing a good job at protecting the world against bare nipples and bare buttocks,” he said, “but I don’t know what nipples and buttocks have to do with crime issues.”

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Rene Leon can be contacted at rene@newspapertree.com

Related Articles: Sex Sells, But Now Buyers Must be 6-ft Away. May 8, 2007

More Information:  Click here to read the ordinance.