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Strip Club Case May Go to Top U.S. Court

August 03, 2000|HOLLY J. WOLCOTT

In response to a recent legal decision in favor of a man who wants to open a strip club here, an attorney representing the city said Wednesday the municipality plans to take its case to the U.S. Supreme Court.

In a 2-1 ruling by the 9th Circuit Court of Appeals, the judges denied a request by Simi Valley officials to rehear the case, which was argued before the panel last year.

The judges ruled in June, also in a 2-1 vote, that the city had violated the 1st Amendment rights of local developer Philip Young by unreasonably denying him zoning permits to open the sex-oriented business.

The city appealed that ruling to the same judges, who issued their most recent ruling July 20 and mailed it to attorneys this week.

"I am very happy about what happened," said Young's attorney, Roger Jon Diamond. "It's another victory for us."

Bert Deixler, a private attorney for the city, said city officials are "looking forward with great anticipation" to taking the case to the nation's highest court.

The city has 90 days to file its petition with the court.

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