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HAWAIIAN GARDENS : Ruling Allows City to Close Nude Theater

April 21, 1994

A federal judge this week upheld the city's efforts to shut down Body Parts, a controversial establishment that featured nude dancers.

U.S. District Judge Richard Gadbois denied owner Thomas Shelley's request for a permanent injunction that would have allowed Body Parts to continue to operate.

Gadbois agreed with the city's contention that Body Parts violates an ordinance prohibiting adult businesses within 500 feet of a church. City officials maintained that Body Parts, at 12403 E. Carson St., is within 500 feet of the Korean Presbyterian Church at 21732 Verne Ave., but attorneys for the theater owner had disputed the measurement.

Gadbois also ruled that Shelley was not a victim of discrimination. Shelley had accused the city of unfairly singling out his business because of its adult nature and contended that the attempts to close it were unconstitutional.

Roger Jon Diamond, attorney for Body Parts, said he plans to appeal.

In November, Hawaiian Gardens refused to grant Body Parts a business license, but Gadbois allowed the theater to open in January pending this week's decision.

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