Judge denies Diva’s a restraining order

BANGOR – The owner of the city’s last strip club hit a snag Thursday in federal court, as a judge denied her petition for a temporary restraining order against the city.

In a six-page decision, U.S. District Court Judge George Singal rejected the request for the restraining order, which would temporarily prevent the city from enforcing its nudity ordinances that force the club to stop topless dancing or move to the outskirts of the city.

The lawsuit, filed last week in U.S. District Court in Bangor, alleges that the city violated Diane Cormier-Youngs’ civil rights when its City Council denied a permit that would have allowed dancers at her club to wear bikinis and therefore be in compliance with the city’s nudity ordinances.

Singal, in denying the request, disagreed, ruling that the club owner’s attorney did not present enough evidence to support the granting of the emergency order.

“Based on the present state of the record and plaintiff’s cursory arguments, the court does not find any clear indication that plaintiff’s procedural or substantive due process rights have been violated,” reads the decision.

In the complaint, Cormier-Youngs also contended that the city’s actions have put her club – which remains open – in financial straits.

The club owner’s Lewiston attorney, Charles G. Williams III, in a telephone interview from the 1st Circuit Court of Appeals in Boston, called the ruling “a minor setback,” and remained confident that his client ultimately would prevail in the case, which will proceed in federal court.

“The evidence is simply not there to support what the city did,” Williams said, referring to the May 30 denial of the special amusement permit, which would have allowed the State Street club to stay at its downtown location, next door to All Souls Congregational Church. “There was no reason to deny it.”

Williams said he was considering several options in the wake of the judge’s order, including an appeal to the 1st Circuit or a request for additional arguments before Singal.

The next step in the skirmish between Diva’s and the city is scheduled to take place at a June 20 meeting of the city’s board of appeals, which could overturn the council’s denial of the permit.

Until that hearing is completed, the city has agreed to let Diva’s stay open and continue topless dancing without serving alcohol.

In the council’s 6-2 denial of the special amusement permit, one councilor said she wanted first to study the effect of the new bar on the neighborhood. Another councilor objected to the “salacious” nature of the dancing – topless or not.

At that May 30 meeting, the council also granted a liquor license for Diva’s proposed bikini lounge.