Constitutional Law

Strip club's suit alleging police raids violated Constitution is allowed to proceed

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The San Diego Police Department is learning that even strippers have Fourth Amendment rights, according to a lawyer for a Cheetahs nightclub in its suit (PDF) challenging police inspections.

U.S. District Judge M. James Lorenz of San Diego refused to toss the club’s suit in an order filed on July 10, the Los Angeles Times reports. Lorenz said the suit was not filed too late, and the club’s constitutional claims were adequately pleaded.

Cheetahs is challenging the San Diego law governing nude entertainment businesses, as well as alleged “warrantless raids” by police carried out under the law.

The business is represented by lawyer Daniel Gilleon, who claims the dancers’ constitutional rights were violated when police forced them to remain nude or partially clothed so police “could ostensibly photograph their tattoos.”

“The police should focus on crime, not when, where, and why women are taking their clothes off,” Gilleon told the Los Angeles Times.

Meanwhile, another judge last week upheld San Diego’s decision to revoke the club owner’s entertainment permit because of alleged violations of city regulations requiring nude dancers to stay six feet away from patrons. The club will remain open during an appeal.

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