Mike McGinn, Mayor
12/3/2012 2:30:00 PM
Kimberly Mills (206) 684-8602
The Washington Court of Appeals, Division One, today reaffirmed the City was within its rights to close down Jiggles, a controversial strip club at 5220 Roosevelt Way NE.
In an unpublished opinion, the court held that a business license application does not trigger vested rights under the Seattle Municipal Code and that use of the City’s standard, 120-day timeline for making permit decisions did not amount to an unconstitutional infringement of the First Amendment rights of Jiggles’ owner, Robert D. Davis.
Davis had appealed a ruling by Judge Suzanne Barnett of King County Superior Court that said as long as the City’s zoning rules are reasonable, it has a right to disperse adult cabarets. The City argued that Jiggles’ location violated a zoning buffer requirement because it was located within 800 feet of a school, child care center, community center and public park.
Davis leased the property and operated Jiggles between December 2010 and March 2011, when Barnett ordered it to be closed.