Published: August 20, 2008 09:41 am         

Federal ruling favors Legz over Mineral

Judge: Ordinance pertaining to people between age 18, 21 offends constitutional rights

RIDGELEY, W.Va. — The U.S. District Court in Elkins has ruled in favor of the Legz Club in Ridgeley, allowing the club not only to continue operations but deemed that a Mineral County ordinance was in violation of freedom of speech.

“It’s been a long time coming,” Troy Erickson, owner of the Ridgeley Saloon, better known as Legz, said. “We were real fortunate. The law was on our side... (The judge had) taken an active role and dealt with it. It seems like every issue was on the table.”

The decision made last week at the federal level said the ordinance established in November 2002 and enacted in January 2003 was “in violation of state law,” according to the opinion of Judge John Preston Bailey.

The opinion echoed the sentiments of the West Virginia Supreme Court in June 2006, which said the ordinance went against the West Virginia Code. The code says that a county with a planning commission cannot adopt an ordinance limiting the areas of the county where exotic entertainment can be located.

Bailey also said he felt the ordinance conflicted with the rights of those who would attend the club.

“...this court finds the proscription of persons between the ages of 18 and 21 on the premises where live exotic entertainment is offered offends the First Amendment rights of persons in that age group,” the official opinion read.

The Legz Club was told by the county it could no longer have exotic dancers in May 2004 after reportedly allowing two 20-year-olds, accompanied by undercover sheriff’s deputies, to enter the club while there was exotic dancing taking place.

In August 2004, Erickson, through his company T. Weston, went to court and won a preliminary injunction, allowing the club that had been in operation outside of Ridgeley since 2001 to again offer exotic entertainment. Since then, the issue has been in the court system, making its way through the state courts to the federal district court.

Erickson said if he hadn’t had other such clubs throughout the state, he was sure he wouldn’t have been able to afford the court costs and lawyer fees.

“They would have won,” he said. “I’m glad I didn’t have to shut down unjustly.”

The decision made by Bailey will prevent the county from enforcing the ordinance against Legz Club or any other exotic entertainment venue.

“Naturally, we’re disappointed in the decision that was made,” said Lynn Nelson, Mineral County prosecuting attorney. “We weren’t doing anything we didn’t think we had the legal right to do. I do not know if we will pursue it any further.”

Nelson said he expects the county commissioners to look to other options, one of which could be zoning, as possibilities to provide greater regulation across the county.

Janice LaRue, county commissioner, said progress on this remains “at a standstill” until financial information can be provided. Bailey’s decision also stated that there would be a second trial to determine the damages done to Legz due to the ordinance, though the date has not yet been set.

The U.S. District Court has set a scheduling teleconference for Sept. 25 to set the date for the trial for damages.

Erickson added that he will begin work on the exterior of the building and the parking lot now that he is certain the club will not be shut down based on the ordinance.

Contact Sarah Moses at smoses@times-news.com.