OGDEN (AP) — The owner of an Ogden strip club is challenging a city order that says it must shut down by Tuesday because of zoning violations.
Lighthouse Lounge owner John Chevalier says he has filed a letter appealing Mayor Matthew Godfrey's deadline.
"We believe the ordinance is illegal," Chevalier said. "Their new ordinance does not follow state law. To get rid of a sexually oriented business, you have to let them (recoup) their investment or repay them. They are still just saying, 'Get out.' "
State law allows businesses that don't conform to new zoning to operate for a reasonable time to recover their original investments. Both the Lighthouse Lounge and Northern X-posure have been considered "nonconforming" since 2000, when the city enacted distance requirements to separate sexually oriented businesses from parks, libraries, churches, schools, and shopping areas.
Chevalier believes his club was targeted because of its downtown location.
"The city can say you can be a beer bar," he said. "But we didn't buy a beer bar. We bought a strip club because we thought it was a good investment. They've made it worthless."
Chevalier said he is looking at relocating, but the options in Ogden are limited and it is very expensive to move a business.
Northern X-posure has until March 2011 to comply. The Lighthouse Lounge had until Tuesday, but Chevalier said his letter contesting the closing date sends the issue back to Godfrey. He says if Godfrey decides to keep the bar closed, Chevalier will take the city to court and plans to keep the club open while the legal battle continues.
"Suing the city is very, very likely," he said. "It's going to be a battle, but we've had so much public support."
Chevalier said the club has 700 signatures on a petition from people supporting the business staying open.
Godfrey said in June that the decision was made because the Lighthouse asked for 21 years to regain its losses, which he said was an unreasonable claim.
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