- Kelly O
- Quit yer Jiggling!
"The location of this business, in close proximity to a park, school, and a daycare are sufficient to enjoin the activity," Barnett said, after listening to an hour's worth of arguments from city attorneys Carlton Seu and Bob Tobin. Kristin Olson—who represented Jiggles's owner Bob Davis—argued that the club has had the proper business licenses since 2007 (before the 800-foot
buffer zone rule was enacted).
Barnett seemed sympathetic to Olson's arguments throughout the hearing—even challenging the city attorneys' arguments on several occasions. But ultimately, Olson didn't convince the judge that shutting down Jiggles would violate Davis's 1st Amendment right to free speech, or that the permits Davis had in place were adequate. "The buffer zones are reasonable, they’re not contested, I intend and will grant the city’s request for injunctive relief," Barnett announced to a courtroom sparsely populated with city staffers and attorneys. Addressing Olson's argument that Davis's business had the proper permits to operate, Barnett said, "The business license is separate and apart from zoning approval. I think Mr. Tobin even said the purpose of the business license is to raise revenue for the city," not dictate a building's use.
"I'm rather shocked," Olson said after Barnett's explained her decision.
She has good reason to be—Olson and Davis as a team have a successful track record challenging the city on its archaic strip club views. When interviewed a few weeks ago, Davis has said he'd be willing to challenge this decision in a higher court. Olson couldn't speak to what Davis's next step should be. "I don't know what to say. It really seemed she was going our way."