City hearing on Dead Goat Saloon license OK'd

Salt Lake City can go ahead with an administrative hearing on the Dead Goat Saloon's sexually oriented business license, 3rd District Judge Denise Lindberg ruled Monday.

But the judge also said she would not grant the city's request to delay a civil lawsuit in her court pending the outcome of the city's hearing.

The city has scheduled a 2 p.m. hearing today to discuss whether the Dead Goat is violating zoning laws and should have its license yanked.

Property Reserve, Inc., the real estate arm of The Church of Jesus Christ of Latter-day Saints, and the Souvenir Stop previously sued the city to overturn the city Board of Adjustment's decision to grant a sexually oriented business license to the saloon.

Daniel Darger, co-owner and attorney for the Dead Goat, which changed its name to the Crazy Goat when it switched from blues bar to strip club, wanted the judge to stop the city from holding its administrative hearing because he argued the issues involved already have been addressed and resolved at city hall.

Darger contends it's unfair and unconstitutional for the city to hold another hearing, calling it an end run around the district court proceedings, which he argues is the proper place to appeal the Board of Adjustment's decision.

He also insists it is an effort by the LDS Church to make Salt Lake City shut down his strip club any way that it can, even though, in Darger's opinion, it is denying him his constitutionally protected rights to due process and free speech.

"This is a power play to take this thing on appeal out of this court," he told the judge.

If city officials take his license, "I'm out of business," Darger said.

Meanwhile, Lynn Pack, the attorney representing Salt Lake City, said changes in the way the Dead Goat has operated from the time it first got its license could be violations of city ordinances. Consequently, an administrative hearing is necessary because the city has the right to enforce its own laws, Pack said.

"The city didn't get the deal it bargained for," Pack said.

A key issue in this latest development in the long-running legal battle is whether or not a basement stage in the saloon violates city code because it is within 165 feet of the West Temple Gateway Corridor. City law forbids sexually oriented businesses from operating within certain distances from churches, schools and other protected land uses.