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‘WE GOT MORE THAN WE GAVE': As council settles lawsuit, owner aiming to open a ‘first-class' strip club on Airport Road (UPDATED with MAP)
Destin’s first topless bar may open by the end of the summer, according to The Oasis operator Terry Stephenson.
City councilmen met in a closed executive session Tuesday night to discuss a settlement with the Atlanta strip-club owner. Stephenson sued the city after his request for a license to offer nude dancing at the Mountain Drive watering hole was denied because city ordinances allow nude dancing only in the Industrial Zone on Airport Road. The two parties have been in mediation for more than a year.
In a 5-2 vote, city councilmen approved the settlement at a special meeting following the executive session. Councilmen Dewey Destin and Jim Bagby cast the only no votes.
“First of all, when they brought us in to the executive session, that was the first time I’d seen the agreement,” Bagby said. “Greg (Kisela) had briefed me earlier in the day, but I don’t like making big decisions like that with only about 10 minutes to read it.”
Per the settlement, Stephenson will drop the First Amendment lawsuit that he filed against the city and cease offering adult entertainment at the Mountain Drive bar. He will relocate to a building in the Industrial Zone. In return, the city will allow topless dancing at the new location, which has been an approved site for nude dancing since the 1980s. To read the settlement agreement, click here
“In light of the potential adverse consequences of an unsuccessful litigation, we are comfortable that we got more than we gave,” said City Manager Greg Kisela.
The city has agreed to expedite any construction or demolition permits submitted by Stephenson once he decides on a new location. They have also agreed to allow the sale and consumption of alcohol in the new bar even if it doesn’t comply with an ordinance that prohibits the sale of alcohol at businesses within 1,000 feet of a church. The only church located in the Industrial Zone is Safe Harbor Presbyterian at 801 Airport Road.
“The ability to develop in an area that the city is comfortable with has benefits,” said Stephenson’s attorney Gary Edinger. “But there are no structures in the Industrial Zone that are entirely suitable, so there will have to be some building, which takes time. We’ve been looking for properties for a while.”
Stephenson said he wants to build a 6,000- to-7,000-square-foot building for the new club, which will be somewhat regulated per the settlement agreement. The room dancers work in must be at least 1,000 square feet, dancers on stage must be at least 18 inches from the floor and dancers must remain 4 feet from customers. Previously, city ordinances required a 6-foot buffer between dancers and customers.
“Four feet is a pretty reasonable measure,” Edinger said. “It’s arm’s length or a little bit more. Six feet was fairly excessive in a bar or nightclub setting because any verbal communication between the dancer and the customer would have to be yelled.”
“They caved in on the closeness and the alcohol,” Bagby said. “I think we should have stuck to the six-feet rule, and I think we should have looked at the alcohol issue.”
Bagby said he is concerned about the “second-order effects” associated with strip clubs offering alcohol. He said crime is bound to increase when you get “young boys, liquor and half-naked women together.” He did note that the city manager and city attorney negotiated the best deal that they could.
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Per the settlement agreement, Stephenson has also agreed to limit his advertising to a single one-fourth page, non-explicit ad per edition of any newspaper and non-explicit ads running between 10 p.m. and 5 a.m. on television and radio stations. Stephenson will also be prohibited from advertising on billboards in Santa Rosa, Walton and Okaloosa counties.
In addition, the new location must include a 6-foot opaque wall or fence to control access to the property and on-site security measures to minimize adverse secondary effects. Paints and finishes on the building must be in neutral colors, and explicit signs on site are prohibited. Stephenson has also agreed to operate no more than one topless bar in Destin at any given time.
Stephenson said The Oasis has been closed since Wednesday morning, and he will not be involved in the operation of the bar if it reopens. He said he hopes to open in a new location by July or August.
“I’m very pleased with the way it went,” Stephenson said. “I’m glad we’re past that and can start being productive. The new club is going to be a first-class establishment.”
A COLLECTION OF COVERAGE
EDITORIAL: Isn't under oath enough for city after Oasis bares it all
EDITORIAL: Oasis makes a mole hill out of a Mountain
EDITORIAL: The naked truth: Strip clubs can lead to trouble
EDITORIAL: Family matters, but does a topless bar?
THE ANATOMY OF A TOPLESS BAR LAWSUIT
Pastors gear up for 'spiritual warfare' as city vows to fight
