A part of the Clark County code that deals with sex clubs is unconstitutional and is being erroneously used as a prosecutorial device, according to a federal lawsuit filed this week.
Michael Powers, the managing member of Power Exchange LLC, has sued Clark County for citing him for “operating a sex club.” His lawsuit asks for an injunction against prosecution and declarations that the definition of “sex club” in county code is unconstitutionally vague and overbroad.
Power Exchange advertises itself on its Web site as “an adult sexual play space” and lists locations in Las Vegas and San Francisco.
The Las Vegas sex club’s location at 3610 S. Highland Drive was the licensed business location of Buns in the Sun, a tanning salon now listed as “out of business” in Clark County records.
Powers was an independent contractor there without management or ownership roles in the business, the lawsuit claims. It goes on to argue that county code defines “sex club” in its land-use ordinance but “contains no mention of any zoning restrictions, or violations or punishments for violations.”
“Powers is being charged in his sole capacity as an independent contractor with no ownership interest or management control in the business, under a section of land use code that provides only a definition of terms.” the lawsuit states.
The code cited by the lawsuit is the definitions section of the Unified Development Code. The administrative section of that code, however, states that “any person violating any provision of this title is guilty of a misdemeanor.”
Clark County declined to a request for comment, citing policy against discussing pending litigation.