Lap Dancing Still Legal in La Habra, for Now

A long-running debate over the legality of lap dancing in La Habra is set to take another run through the courts.

The 9th Circuit Court of Appeals last week stayed enforcement of a city ordinance prohibiting dancers from coming within two feet of adult club customers. The stay, which runs until Sept. 15, is expected to be extended until the court reaches a final decision.

It’s a small victory for Bill Gammoh, owner of Taboo Gentlemen’s Club, who has alleged in a lawsuit that La Habra’s separation rule is unconstitutional and vague. The club, which opened in 1998 despite roadblocks thrown up by the city, is La Habra’s only adult cabaret.

City officials say the two-foot rule is meant to protect against “secondary effects” caused by such adult venues, including prostitution, crime, drug use and disease. A U.S. District Court judge earlier this year upheld the city’s ordinance, saying a dancer’s contact with customers is not a 1st Amendment right.

Attorneys for Gammoh argue that the city’s claims are false. At minimum, they say, dancers wear a bikini and are ordered not to touch customers with their hands.

“It’s hard for me to fathom how you can have two people, fully clothed, not touching each other [spread disease],” said attorney Stuart Miller. “They sneeze on each other? I don’t know.”

But City Atty. Richard D. Jones said La Habra has proof the club causes problems and “will let the facts speak for themselves.”

“The city does have its code in place and we’re hoping that Mr. Gammoh agrees to abide by it,” Jones said. “He has a legal right to do business here.”To date, the city has spent more than $800,000 defending its codes against Gammoh, Jones said.

The back-and-forth began in 1995 when the city denied Gammoh permits to open his business. According to Miller, a court order forced the city to issue the permits in 1998.

In an unrelated case, Gammoh received a $2-million settlement in March after arguing that Anaheim officials had tried to prevent him from opening another Taboo club in that city.