Bill advances to restore ABC regulation of lewd and disorderly conduct

Posted to: General Assembly News Virginia


RICHMOND

The Virginia Department of Alcoholic Beverage Control is one step closer to cracking down on noise and lewd and disorderly conduct again.

On Friday, the Senate Committee on Rehabilitation and Social Services passed HB1171, voting 13-1. It now heads to the full Senate.

The legislation clarifies what constitutes lewd and disorderly conduct in establishments regulated by the ABC. It also tightens regulations on noise.

"We're not doing any expansion of ABC's enforcement power," ABC administrator Curtis Coleburn told the committee. "We're just trying to maintain the status quo."

Del. John Cosgrove, R-Chesapeake, introduced the bill at the request of Virginia Attorney General Bob McDonnell.

Cosgrove and Assistant Attorney General Catherine Crooks Hill said that a federal judge's injunction last summer in Norfolk has hampered ABC's enforcement abilities - which Hill said has led to topless dancing in Chesapeake and has potential statewide implications.

But Virginia Beach attorney Kevin Martingayle, who represents four of the six nightclubs that challenged ABC regulations in federal court in Norfolk last summer, argued that the bill contained constitutional problems that could lead to another court challenge.

"I don't represent the so-called strip clubs," Martingayle said. "I represent regular places that have found themselves in the crosshairs of ABC several times."

Cosgrove said that Martingayle "is up here basically hoping that we do nothing, so it's another year" that ABC is prevented from enforcing the law.

In August, U.S. District Judge Walter D. Kelley Jr. struck down ABC regulations on what constitutes lewd, disorderly and noisy conduct at restaurants and nightclubs, finding them unconstitutional.

He issued an injunction that prevented ABC agents from issuing citations - other than for "obscene" behavior.

Six nightclubs in South Hampton Roads had sued the ABC board claiming constitutional free speech violations: Crazy Charlie's, Chicho's, Hammerheads and the Peppermint Beach Club on the Virginia Beach Oceanfront; and Have A Nice Day Cafe and Time Under Wraps in downtown Norfolk.

Jen McCaffery, (757) 446-2627, jen.mccaffery@pilotonline.com



I have an idea

Why not open more topless bars and have the General Assembly charge an exorbitant tax on those facilities? That tax could be used to finance road improvement projects. Boobs, beer, and building roads.....what else could we ask for?

The actual real deal

It has to do with several issues. The bill was brought as a result of the previous guidelines being declared unconstitutional. This left ABC with no real enforcement power over bars that have a lot of violence. For example as it stands now, a bar could have a near riot every night and ABC is unable to do anything about it. On the local level to close such a place down it has to be declared a common nuisance. This is close to impossible to do. As a result it falls to ABC to try to revoke the liquor from these place through a noisy and disorderly code. This is what is being focused on at the "block" loud violent places like hammerheads and the peppermint beach club that fight on a regular basis. As far as the cops go, they hang out in front of bars that have a history of problems. Would you rather they hung out on 42nd street where nothing is happening whole someone gets beaten half to death on 19th street?

Hey Guys

Just an FYI: Your ex's are not in "rears" for child support, they are in "arrears".

ABC enforcing lewd & disorderly conduct.

I was surprised to see some of the comments on this subject. I don't see any common nominator on stripclubs(breast exposed& g-strings)& failure to pay child support. It is a misdemeanor offense under Virginia Code, however ABC cannot enforce this offense, it belongs to Social Services. You can seek court oder to get wage garnishment and/ or go to a Magistrate to get a warrant of his/ her arrest. ABC is doing good job considering limited manpower it has.

Nipple Police

Back in 2002 John Ashcroft directed the Justice Department to spend $8,000 on blue drapes that hide the two giant, aluminum art deco statues. Do our local citizens need the ABC to do stupid stuff like this?

State should stay out of local issues

There's no reason to have the state involved in issues like this. I don't believe the 21st amendment was ever intended the state to get involved in local zoning. It should stay at the local level where complaints again disruptive businesses and the defense from the business owners can actually be heard.

And another thing!

If you're getting nowhere with social services about back child support go directly to the attorney representing the Division of Child Support Enforcement. They can be most effective in helping track the deadbeat parent and prosecuting him/her. I personally know of one attorney who was tremendous about getting deadbeat parents locked up- it was her PASSION. Unfortunately she was offered, and accepted, a position with the U.S. Attorney's office. Don't give up!

The real deal about this whole thing

has nothing to do with g strings and pasties. What it boils down to is the City of VB attempting to shut down the 4 bars on the strip (AKA "the Block") because of repeated problems. The city wants them shut down and this is just another way of trying to accomplish that. Compare the police calls for service to any of the go-go bars on GW Hwy in P-town or Chesapeake and you will see that they pale next to those of the VB bars in question. One reason is because the VBPD purposely "over" patrols that stretch of Atlantic Ave. and INITIATES the arrests or summonses. I don't see the difference between sitting in a patrol car in a bar parking lot hoping to catch DUI's (already deemed illegal) and standing outside and arresting someone for Drunk in Public as they exit the bar. It happens people, I've witnessed it. Don't get sidetracked about the lewd conduct war- it has nothing to do with g strings and pasties! JMO

Well said Bigmike!

I agree with Bigmike's post all the way. My ex is over $50,000 in rears and Social Services hasn't done a thing to help. I didn't know that about the college aid though. So you're saying my husbands income has an effect on the amount my kids can receive in college aid? My husband has made many sacrifices for the kids even though they are not his biological children. They have suffered by their biological father not owning up to his responsibility, now I guess they'll suffer more. I don't expect my husband to pay for my kids college, so I guess they'll either have to pay for it themselves or not go. I guess my husband and I should have just lived together instead of getting married. Then the kids wouldn't be penalized. But what kind of example would that be? Not the end of the world but doesn't seem fair. I keep hoping Social Services will do something, like put my ex in jail, to make a point to him. I can't even get them to return a phone call and talking to them face to face is unheard of. They are very good at hiding behind voice mail and schedules. Yes it is a pity the GA and this Senate Social Services Committee doesn't spend their time better.

Dont tell Cosgrove.......

but the woman on Virginia's state flag has her breast exposed

more laws?

I thought Virginia was becoming more progressive and less Puritanical like the days of old when there were "Blue Laws" previnting anything being open on Sundays to keep people in church.

I'm against more laws. Zoning for particular areas okay. But across the board swaths of limitations no. It's a Pandora's box that cracks the door for more regulations and restrictions of freedoms.

ABC

There are some Dead beat daddies that own double or triple $60,000 running loose. The is not going to catch everyone. But the state shouldn't just drop a case in favor of another because it means so much to you and your family. We have families out there who think the state need to get tougher on drunk drivers because they had a love one killed by a drunk driver, they could care less about a dead beat dad. ABC folks has a tough job out there to keep the bar owners/restaurant owners in check. Some of these owners are just out there making a living but they tend to swing to the left side of the law until they get caught then with their lawyers they must shed tears over the harsh treatment. No skippy,you violated the law get the problem corrected or lose the place. When your business keeps getting inspected and you keep coming up with violations, you keep having shootings, fights,the public is suppose to feel sorry for you. There is a problem that the businesses need to correct and unless you live close by you really don't know it.

Don't worry, the General Assemby will get smacked down by

courts against, just like with the transportation authority!

Isn't it a pitty they don't have anything better to do.

Why doesn't the Senate Committee on Rehabilitation and Social Services use their time more wisely? Something like a way to go after deadbeat parents to put them in jail for failure to pay child support. You know, like my wife's ex-husband who is now nearly $60,000 in rears on his court odered child support. Guess where the money to raise the his kids come from. Let's suppose I wasn't in the picture, what would these kids life be like then? College is coming up for one of them soon, that $60,000 would certainly help her. As it is, not only do I have to pay to fill in the gap that he should be doing, my income is included in any calculation for her to get college aid. I have not adopted these kids and whereas I raised them as though they were my own, their bio-father has a responsibility to them and should be made to fill it. Instead, he lives a life of ease and I have to pay. Then the Senate Committee on Rehabilitation and Social Services is too busy trying to regulate rather a dancer can be topless or not to make sure our children are provided for. DO IT FOR THE CHILDREN!


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