The Virginian-Pilot
©
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
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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