Saturday, January 29, 2005
Copyright © Las Vegas Review-Journal

Ruling might be break for closed topless club

A gate at the main entrance to the topless club Treasures remains locked Friday. Photo by Ralph Fountain.

A judge on Friday overturned the lone solicitation of prostitution conviction against a dancer at the topless club Treasures, a decision club attorneys said could figure prominently in efforts to reopen the closed establishment.

District Judge Stewart Bell overturned the conviction of dancer Jessica Crockett, a case cited by the Las Vegas City Council as a primary reason for denying Treasures a permanent liquor license last year. Within weeks of the council's September decision, the $30 million club was forced to close.

"I would imagine this is a significant milestone for Treasures in reviewing its options in seeking reinstatement (of its liquor license)," said attorney Ross Goodman, who represented Crockett.

In October 2003, a few weeks after the club opened, Crockett and two other dancers were arrested at Treasures for solicitation of prostitution.

The two other dancers were cleared, but Crockett was found guilty in August in the courtroom of Municipal Judge Cedric Kerns.

While doing lap dances for an undercover officer who said he had only $700 to spend on sex, Crockett had reportedly told the officer "it won't cost that much."

In Bell's courtroom Friday, Goodman, who is the son of Mayor Oscar Goodman, focused his appeal on the fact Kerns, in finding Crockett guilty, ruled he did not believe she had the specific intent to commit solicitation.

"Clearly and unequivocally, the officer was the one who brought up the subject of sex for money," Ross Goodman said.

Bell found that since Kerns had ruled Crockett did not have the intent, then the conviction was invalid.

Because of numerous prostitution citations and other allegations of lawlessness at out-of-state clubs owned by Treasures' owners, the legal and political battle to secure Treasures a liquor license in 2001 resulted in an unusual promise. To allay fears of problems at Treasures, the club's owners, Ali and Hassan Davari, agreed that if there were a single conviction for sexual misconduct at Treasures, they willingly would surrender their liquor license.

After Crockett's conviction, the city held the Davaris to their promise, and the club was not granted a permanent liquor license when the temporary license used to open the club was set to expire. Members of the council cited Crockett's conviction as one reason for their decision.

Treasures has sued the city in federal court over the decision. That litigation is pending.

Treasures' civil attorney, John Weston, applauded Bell's ruling Friday afternoon.

"Certainly we are very glad for Ms. Crockett, and we are obviously very glad for Treasures," Weston said. "This is clearly something significant."

Weston declined comment on Treasures' immediate plans. "With respect to any specifics, it would be premature to comment," he said.

Councilmen Steve Wolfson and Larry Brown referred calls for comment to City Attorney Brad Jerbic, who did not immediately return two messages left at his office on Friday.

The decision is the latest courtroom blow to the city of Las Vegas in its efforts to enforce the law in city strip clubs.

A week ago, Las Vegas' erotic dance code was deemed unconstitutional by District Judge Sally Loehrer, who dismissed five misdemeanor cases against dancers.

On Friday, Bell dismissed another misdemeanor case filed against another strip club dancer under the erotic dance code.

It is still not clear whether the City Council plans to revise its erotic dance code or whether the city attorney's office is going to appeal Loehrer's rulings.

"The bigger picture, I believe, is that the regulations have to be written with clear understanding of what is allowed and not allowed," said Allen Lichtenstein of the American Civil Liberties Union of Nevada. "Those guidelines have to be reasonable and not overly intrusive."