Judge to issue ruling in dance club trial
Friday, May 7, 1999 | 11:20 a.m.
A Justice Court judge said he will issue a decision Thursday on whether managers of a dance club are responsible for nudity and live sex acts that took place when the premises were leased for a Nymphomaniac Ball in January.
Justice of the Peace Tony Abbatangelo presided over Thursday's misdemeanor trial of Club Utopia, 3765 Las Vegas Blvd. South.
The dance club is charged with one misdemeanor count of operating an erotic dance establishment without a license.
"This is strictly a dance club," said attorney Byron Mills, whose father, Lamond, represented the business. "They sometimes have live entertainment, bands and that sort of thing. But no nudity is allowed."
Mills said in January the club provided a "wall-to-wall" lease to Unity Productions and Gentlemen of Leisure, who produced the second-annual Nymphomaniac Ball.
Mills said the club provided security for the event and two security guards were fired after allegations surfaced that female porn stars had exposed themselves and had taken part in sex acts with patrons.
The alleged nudity and sexual activity did not involve club employees, Mills noted.
The producers of the event were not charged.
Deputy District Attorney Bart Pace said the maximum penalty for the misdemeanor is $1,000 fine and a year in jail.
"I asked for the maximum simply because of the egregiousness of the acts," Pace said.
Pace said club management knew those who leased the property were bringing in pornography stars.
Two special agents for the county business licensing office testified they saw live sex acts and women exposing themselves.
Pace said the agents were out the night of the incident routinely checking clubs when they were told what was happening at Club Utopia.
Pace said prosecuting this type of cases is not unusual.
"The only thing that makes this thing slightly unusual is that it occurred at what is otherwise just a dance club," he said. "They come up quite regularly during conventions."
Mills noted that if the club were found guilty, then those who lease space for rock concerts could be found guilty for fans who smoke marijuana during the show.
Judge Abbatangelo seemed swayed by that argument, Mills said.
He said the judge pointed out that county commissioners might conceivably be charged with conspiracy if the Grateful Dead performed a concert on county-owned property and fans used marijuana.
The judge said Deadheads, followers of the band, smoke a lot of pot.
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