Legally Speaking

Articles from the magazine section Legally Speaking.

Turn of the Tide?

turntide1Attorneys Brad Shafer and Matt Hoffer strike at the heart of dancer class-action lawsuits

For a change, we have some very good legal news to report. The attorneys of Shafer & Associates, P.C. — for 30 years, a law firm devoted exclusively to representing the gentlemen’s club industry — recently delivered a one-two punch to the dreaded dancer class-action lawsuits.

The good, the bad and the ugly

Voting-flag1of the impending Trump Presidency

What does a Trump win mean for the adult nightclub industry at large? ACE Executive Director Angelina Spencer spoke to club owners Jerry Westlund and Joe Redner—both of whom spoke on the “Election” Legal Panel at EXPO 2016—and others to get their take on what impact this stunning election may have.
In one of the most shocking upsets in American political history, Republican nominee, Donald Trump beat his Democratic opponent Hilary Clinton to become our 45th U.S. President. Almost every political pundit, poll and media outlet had written off the billionaire businessman as a sure loser but he secured a whopping 290 electoral votes while losing the popular vote 46.1% to Clinton’s 48.1% [Clinton had over two million more votes than Trump—Ed.].

Think again!

LS may16 0Think you can use “stock photos” in your club advertisements? Think again!

A rash of lawsuits against clubs by models and stock photo websites has made the industry stand up and take notice—or, at least it should. Attorney Clyde DeWitt discusses the legalities of using “stock photo” websites for club advertisement, and the perils that could await.


ls teamstate smNational unity through statewide communication and information sharing

Statewide associations of adult club owners actually pre-date the National Association of Club Executives (ACE), which was formed in 1999 by ED Publications and a group of the industry’s leading club owners and First Amendment attorneys. In particular, the Texas Entertainment Association was a going concern at an earlier date.
Over the years other states have launched adult club owner associations, some under the ACE banner and some with their own branded chapter names. Some of those statewide chapters are still going strong, while others have fallen by the wayside for one reason or another.

Bullying Banks & Disappearing ATMs

finance-panelThe EXPO 2015 “Finance Panel” discussed the hottest topics related to clubs and their money management, especially as it related to “Operation Choke Point”

This year’s new EXPO Money Panel gained instant prominence as the second go-to informational event at EXPO 2015, along side the Legal Panel. Two separate monetary initiatives threaten to involuntarily convert adult nightclubs into non-profit organizations; the Justice Department’s Operation Choke Point and extreme state minimum wage increases.
The panelists were Dave Ericks, of Ericks Consultants, lobbyist for Florida SEA, the state’s ACE chapter, Warren Cato, managing partner of Club Control Systems and Bruce Renard, Executive Director of the National ATM Council, Inc. (NAC). E.D. Associate Publisher Dave Manack moderated.

Woody’s Wharf:

stamps-rules-regulation“A real slap in the face to city officials”

What happens when a city councilman tries to fill the roles of judge, jury and executioner? An epic fail, as explained here by California-based First Amendment attorney Roger Jon Diamond.
The major impediment to the establishment of a club is the particular city in which the club is to operate. Many clubs have their origins in successful lawsuits filed against the particular city involved. Even if the club would satisfy local zoning ordinances, many cities still try to find ways to block the opening of the club. In addition to local restrictions by zoning laws many cities require permits and make it difficult if not impossible for the proposed club to acquire the necessary permit.  

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