Nightclub Owners Sue City Of Everett

The owners of two adult-entertainment clubs have sued the city of Everett, claiming its moratorium on business licenses for such clubs is unconstitutional.

The suits, filed in U.S. District Court in Seattle yesterday, call into question a six-month moratorium on applications and permits for adult entertainment that the Everett City Council passed April 12, minutes after a Snohomish County Superior Court judge struck down the city's zoning regulations for being too restrictive.

The suits were filed by the owners of two topless clubs, Deja Vu on Evergreen Way and Mr. Paddywacks on Hewitt Avenue, claiming the moratorium puts an unconstitutional prior restraint on the businesses by effectively prohibiting all topless dancing in the city.

Cities are allowed to regulate but not prohibit such dancing, which is considered constitutionally protected free speech, the clubs' attorney, Jack Burns, said today.

The council passed the moratorium while the owner of Mr. Paddywacks, John Wallock, was on his way to apply for a license. The suits ask that the moratorium be lifted.

Assistant city attorney Jim Iles said this morning he had not yet had a chance to review the lawsuits.