THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Friday, September 2, 1994 TAG: 9409020600
SECTION: LOCAL PAGE: B1 EDITION: NORTH CAROLINA
SOURCE: BY ANNE SAITA, STAFF WRITER
DATELINE: CURRITUCK LENGTH: Medium: 86 lines
An attorney for a nightclub that features topless dancing says the club will fight the Currituck County Board of Adjustment's decision to revoke its operating permit.
``We will be filing for a `writ of certiorari.' That is a requirement for the Superior Court to review the case for errors of law based upon the proceedings last night,'' John Halstead, an Elizabeth City attorney, said Thursday.
Halstead represents Robert F. London, who lost his Mermaids nightclub conditional use permit Wednesday evening for misrepresenting his business intentions to the county board. London, the owner, previously testified that his club would not include topless dancing.
Halstead said that Mermaids officials had been told the revocation would be based on whether topless dancing is allowed under a county ordinance.
Instead, the meeting focused on conflicts between previously sworn testimony and subsequent actions.
``I feel like we were sandbagged,'' Halstead said.
The decision to appeal followed a public hearing that packed the Currituck County courtroom with about 90 citizens, most opposed to topless dancing at the Point Harbor nightclub.
After the 45-minute hearing, five board members voted unanimously to immediately revoke Mermaids' permit - an action that had been requested by the county to shut down the bar and pool hall.
The board's decision was based on testimony Wednesday that London reneged on his promise to open a family-oriented billiard parlor that specifically would not allow topless dancing.
Two months after opening Mermaids in April, London began bringing in dancers who bared their breasts.
London never consulted the adjustment board when his entertainment turned topless.
``If you're going to change the truth, then you need to come before the board and tell them you're going to change it,'' said Reggie Owens, chairman of the board.
Halstead said London did not intend to feature topless dancing when he applied for a permit in August 1993, mainly because he believed such entertainment was illegal in Currituck County.
Later the owner learned that topless dancing was not specifically outlawed in a provision of the county's unified development ordinance.
``Topless dancing is not, per se, obscene. And basically that is what your ordinance prohibits,'' Halstead said.
But Jack Simoneau, the county's director of planning and inspections, countered that the establishment approved by the board is not the same as the one currently operating.
``There's a big difference in the eyes of the county between a bar/pool hall and a topless nightclub,'' Simoneau said.
One customer who frequents Mermaids monthly described the nightclub, which includes a fullservice restaurant, as clean and catering to ``a classy clientele.''
The women, usually from Virginia, strip their tops in a seductive dance along a stage or in front of individual tables, he said.
Several Currituck County citizens spoke at Wednesday's hearing about the impact Mermaids would have if it continued to feature semi-nude female dancers.
One of those was Belford Martin, who said her $190,000 brick home has dropped in value by $25,000 because of the nightclub being in her neighborhood.
Her 3,600-square-foot property has been for sale since January but hasn't had any takers, despite a lower price.
A couple of people expressed interest to a Realtor, Martin said, until they learned about Mermaids. ``They told her, polite as they could, they did not want to live in a neighborhood that had that kind of business. Since then I have had not one bite - and this is eight months now.
``Once they drive by and see what's in the vicinity, they don't call back,'' said Martin, who also spoke at the 1993 permit hearings.
Mermaids must apply for an appeal within 30 days of receiving written notification of the revocation. Until then, it can remain open for business, Simoneau said.
Halstead said Thursday the case may ultimately be decided by the North Carolina Supreme Court.
``I've been told that they're willing to take it as far as necessary,'' the lawyer said of his clients.
Just before leaving the courthouse Wednesday, London was asked if business had improved since Mermaids went topless.
``Some,'' he replied. by CNB