July 26, 2006 -- Judge Allows Challenge to Bathhouse Ordinance to Go Forward

Judge Allows Challenge to Bathhouse Ordinance to Go Forward

By a MetNews Staff Writer

Los Angeles Superior Court Judge Ronald Sohigian has overruled a demurrer by the City of Los Angeles and Los Angeles County to a suit by bathhouse owners challenging the enforcement of Los Angeles city and county ordinances regulating their businesses.

In a ruling filed Monday, however, the judge struck substantial parts of the complaint, including the plaintiffs’ allegations that the ordinance violates substantive and procedural due process rights and the First and Eighth Amendments. The plaintiffs were given leave to amend.

The ordinances require every “commercial sex venue” to obtain an operating permit, and give broad authority to the county health officer to enact and periodically revise regulations, violation of which may result in revocation of a permit. Los Angeles, like most cities in the county, lacks its own health department and delegates authority for the enforcement of its health ordinances to the county.

The plaintiffs in the suit claim the county is unfairly targeting them, trying to label them as commercial sex venues when they are not. Sohigian agreed that the plaintiffs adequately pled claims that they are not commercial sex venues under the ordinances.

The rest of the article here:

http://www.metnews.com/articles/2006/bath072606.htm

Quote |