DULUTH Minnesota -- The city of Duluth has decided to use the state's new law to block the renovation of the NorShor Theater into an adult cabaret - and plans on closing one of the oldest businesses in the city.
Club Saratoga, 331 Canal Park Drive, "has been there almost as long as I have," said Jim Stauber, one of the City Council's conservatives. "In my five years on the council, I have never received a complaint about them." City Attorney Bryan Brown says the Saratoga is in clear conflict with a state law that strictly restricts where and when live adult entertainment can be shown. The law took effect May 27. Its strongest language says strip clubs cannot be within 500 feet of the property line of any residence or within 2,800 feet -- nearly a half-mile -- of churches and schools. The city hasn't set a timetable for enforcing the entire law, Brown said. "We're not going down there this afternoon with a paddy wagon to arrest every one," Brown said Monday. "We will try to be reasonable. Yeah, we will enforce the law, but we're going to explain it to them first." The new state law will be facing legal opposition, since it contains no provisions for grandfathering existing businesses, as well tromping all over the First Amendment rights on the owners of the clubs. The law's sponsor, Sen. Steve Dille, R-Dassel, said it was modeled on legislation from Delaware that has withstood legal challenges. However, the Delaware law did grandfather in existing businesses. Dille said he won't be surprised if some operators try to strike down portions of the law. Business owners could argue they invested in properties that complied with existing state and local regulations only to later find themselves forced to relocate, he said.
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