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City may appeal juice bar decision
By JEFF REINITZ, Courier Staff Writer
WATERLOO --- The tops aren't ready to come off yet at a proposed juice bar at 1850 W. Airline Highway.
Businessman Earl Baugh won an appeals court decision Wednesday ruling the city should grant him a special use permit to allow nude dancing at Fantasy Theater Live, formerly Porsche's Theater of the Arts.
But the city has the option of taking the case to a higher court.
"We can still ask for further review with the Iowa Supreme Court, and we've got 20 days to do so. Nothing will happen in that 20 days until we make a decision," said attorney Tim Boller, who represents the Waterloo Board of Adjustment.
Calling the decision a "rest stop" along the legal road, Boller said the issue will be addressed at a future city meeting but doubted it would be as soon as next week.
So for now, clothing will stay on at Fantasy Theater Live, which has been featuring bikini-clad dancers as Baugh's quest for a special use permit has ground on at City Hall and the courthouse.
Baugh declined to comment Wednesday.
Baugh originally sought the permit in 2005, but board members voted it down after neighboring businesses complained it would alter the character of the area, which includes a nearby amusement park.
He took the matter to district court, arguing he met the criteria for the permit.
A judge sided with Baugh in a September 2006 order, saying the board didn't rely on evidence when it rendered its ruling.
On Wednesday, the Iowa Court of Appeals affirmed the district court's ruling and said denying the permit was "illegal."
Contact Jeff Reinitz at (319) 291-1578 or jeff.reinitz@wcfcourier.com.
Businessman Earl Baugh won an appeals court decision Wednesday ruling the city should grant him a special use permit to allow nude dancing at Fantasy Theater Live, formerly Porsche's Theater of the Arts.
But the city has the option of taking the case to a higher court.
"We can still ask for further review with the Iowa Supreme Court, and we've got 20 days to do so. Nothing will happen in that 20 days until we make a decision," said attorney Tim Boller, who represents the Waterloo Board of Adjustment.
Calling the decision a "rest stop" along the legal road, Boller said the issue will be addressed at a future city meeting but doubted it would be as soon as next week.
So for now, clothing will stay on at Fantasy Theater Live, which has been featuring bikini-clad dancers as Baugh's quest for a special use permit has ground on at City Hall and the courthouse.
Baugh declined to comment Wednesday.
Baugh originally sought the permit in 2005, but board members voted it down after neighboring businesses complained it would alter the character of the area, which includes a nearby amusement park.
He took the matter to district court, arguing he met the criteria for the permit.
A judge sided with Baugh in a September 2006 order, saying the board didn't rely on evidence when it rendered its ruling.
On Wednesday, the Iowa Court of Appeals affirmed the district court's ruling and said denying the permit was "illegal."
Contact Jeff Reinitz at (319) 291-1578 or jeff.reinitz@wcfcourier.com.
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jjmom9497 wrote on Jul 17, 2008 2:44 PM:
" Totally agree with Allen, stop wasting valuable money on this and let it go, eventually it will close all it's own, when people can't afford the gas to get there. duh. "
OFJohn wrote on Jul 17, 2008 2:56 PM:
" Either let it go or enact laws that outlaw all adult businesses in Waterloo altogether. But as it stands you're wrong, you lost, and you're embarassing yourselves while wasting time and money best spent elsewhere. "
dac100181 wrote on Jul 17, 2008 3:27 PM:
" funny, i know someone that went there last weekend and i think he saw a little more than bikinis, if you know what i mean "
50674 wrote on Jul 17, 2008 4:37 PM:
" Smoking is legal too but that didn't stop a law limiting where to do it. If Waterloo doesn't want them in their jurisdiction I guess they can look for avenues to curb it. I remember in the 60's and early 70's the same thing happened with the so-called massage parlors which were proven to be nothing more than a front for prostitution. There are those who say the same for this "adult industry", particularly the one owned by Mr. Baugh. You want legalized prostitution petition the governmnet or go to Nevada. THAT is my opinion. "
facts are facts wrote on Jul 17, 2008 4:51 PM:
" In my opinion our city government obviously doesnt have the intelligence to realize they have lost an will continue to lose. STOP wasting the tax payers money and move on! "
shouldbemayor wrote on Jul 18, 2008 7:26 AM:
" I think I went to one of the "adult establishments" about 15 years ago as part of a bachelor party. Was not impressed and have not been back and probably never will.
That being said, it does not bother me a bit that they are there. I saw nothing that resembled prostitution, so I see no problem with them being here. Cinemax shows MUCH worse than I saw and it is legal.
I get the feeling that either the attorney getting rich off of these appeals has the mayor and council snowed that they can win, or some of the "high and mighty" crowd that don't notice the higher taxes are pushing them to keep fighting at the expense of everyone.
It's insanity. The city is going to lose. It might even backfire and open the city up to counter law suits. Let the man have his business and hope he is wildly successfull for the tax revenue. "
That being said, it does not bother me a bit that they are there. I saw nothing that resembled prostitution, so I see no problem with them being here. Cinemax shows MUCH worse than I saw and it is legal.
I get the feeling that either the attorney getting rich off of these appeals has the mayor and council snowed that they can win, or some of the "high and mighty" crowd that don't notice the higher taxes are pushing them to keep fighting at the expense of everyone.
It's insanity. The city is going to lose. It might even backfire and open the city up to counter law suits. Let the man have his business and hope he is wildly successfull for the tax revenue. "
Waterlooian wrote on Jul 18, 2008 10:02 AM:
" Not that I am for this type of establishment, but the guy has picked the perfect place - on the outskirts of town. We have Flirts and the other one on 4th and Jefferson, but those are ok??? Those are within blocks of the library, for cryin' out loud! I agree - the city needs to stop this. This is clearly their personal preference, not based on any laws currently on the books. "
MrT wrote on Jul 18, 2008 10:56 AM:
" While normally I am all for free speach & individual rights, I have to admit, I am not thrilled about this facility anywhere near our community. "gentlemen's" clubs are one thing, but this place is gonna be an eye-soar like everything else that Mr. Baugh has done in the cedar valley. His adult store in downtown Waterloo is an eye-soar & the all nude strip club thats about a half mile away from the miniature golf course (where kids frequent) is going to inspire some interesting conversation with fathers & their children.
I can see the conversation now, "Daddy, why is that pirate looking lady going into the "Fantasy Theatre", is it like Chuck-E-Cheese... I wanna go... can we go" "No son, that place is for perverts & men with mullets."
Go ahead, let's try to stop businesses that don't belong in our community! And if the court system fails, hopefully they will be forced to shut down due to a lack of perverts in the cedar valley, but I doubt it. "
I can see the conversation now, "Daddy, why is that pirate looking lady going into the "Fantasy Theatre", is it like Chuck-E-Cheese... I wanna go... can we go" "No son, that place is for perverts & men with mullets."
Go ahead, let's try to stop businesses that don't belong in our community! And if the court system fails, hopefully they will be forced to shut down due to a lack of perverts in the cedar valley, but I doubt it. "
Stana wrote on Jul 18, 2008 2:05 PM:
" This would do nothing to further enhance Waterloos reputation. Lets not build a city and economy on vice "
hillbillytea wrote on Jul 18, 2008 4:50 PM:
" in the last city election the guy who ran against hurley made an issue about the juice bar because he knew it was a waste of tax dollars to go after a business owner who did nothing to break the law. maybe all those who voted hurley should chip in to cover the cost of this fiasco and let those of us smart enough to not vote for hurley keep our money scince we knew better.thanks guys. "
md wrote on Jul 18, 2008 6:21 PM:
" Wow MrT, if you actually know of any kids that can accurately make out a person's clothing from a half-mile away, I'd like to hear about them.
The City of Waterloo has far more important issues it can be spending its time (and taxpayer money) on. As long as nothing that's going on in the juice bar can be seen outside the juice bar, it's not bothering anybody else (other than those who think that everybody should think and act just as they do.) "
The City of Waterloo has far more important issues it can be spending its time (and taxpayer money) on. As long as nothing that's going on in the juice bar can be seen outside the juice bar, it's not bothering anybody else (other than those who think that everybody should think and act just as they do.) "
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allen wrote on Jul 17, 2008 12:29 PM: