PORT RICHEY — County officials have filed a lawsuit asking a judge to shut down Club Elite, a swingers club on U.S. 19.
The issue here isn’t indecency or compliance with community standards. It’s zoning. The lawsuit, filed Feb. 2 in Pasco County courts, alleges that Club Elite is a “sexually oriented business” featuring sexually themed floor shows and concerts. “The performances include persons watching others engaged in sexual activities,” the lawsuit alleges. “The performances include persons performing sexual activities for an audience.” The rub is that the club is on commercially zoned property at 9721 U.S. 19, in a strip mall above a bakery, a deli and a dentist. County ordinances only allow sexually oriented businesses to set up shop in industrially zoned areas.
“A permanent injunction is sought to require defendants to cease and desist all sexually themed performances or performances featuring specified anatomical areas,” the lawsuit says. “These performances include floor shows, sexually themed ‘contests,’ and performance of sex acts within the club for an audience.” The club, which opened in September 2007, requires patrons either to pay annual membership fees ($20 for a single woman and $100 for a single man) or nightly “user fees.” In an interview last year, Club Elite’s attorney, Julian Hayes, said the club should not be considered a sexually oriented business under the county code. He said if patrons are having sex in the club’s private rooms, it’s nobody’s business.
The defendants in the lawsuit include Club Elite owner Susan Panesso; Club Elite managers Eric and Angie Kubb; landlord WJ Investments; and S & G Investments of Hernando County, which holds the liquor license for the establishment. No hearing date has been set.
Tags: Pasco County asks judge to shut down Port Richey swinge
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