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Club Onyx

When is a strip club not a strip club?

When it’s a restaurant, with no strippers. What, did you think that was a trick question?

A week after a temporary court order allowed a Houston strip club to resume operations, a federal judge has ruled that the club’s owner must operate as just a restaurant – no dancers allowed.

Houston police raided Onyx Club just after midnight on May 1, insisting the business did not qualify to reopen under Gov. Greg Abbott’s guidelines for phased reopenings. Officers threatened to arrest owner Eric Langan, who defied orders until 4 a.m., when he shut down the club.

Langan’s business, Trumps Inc., filed a federal lawsuit calling the club a restaurant, and alleging that the police raid and closure violated his civil rights.

U.S. District Judge Vanessa D. Gilmore granted Langan and Onyx Club a temporary injunction on May 1 that let the club resume operations, but said at a Friday hearing that the business may not offer any services that go beyond those specifically allowed in the new guidance.

“Sexually oriented businesses may only offer restaurant services and are prohibited from providing any other service,” Gilmore wrote in the ruling.

Onyx Club is allowed to reopen as a restaurant so long as it only serves food, but it’s presently defined as a “sexually oriented business,” according to the ruling.

“Because (Trumps Inc.) operates a sexually oriented business, they are prohibited from offering both restaurant services and entertainers, even if the entertainers are fully clothed,” Gilmore wrote.

See here for the background. That was from last Friday, and while the club owner says their business is doing well now, who knows how long that may last under these conditions. Not to put too fine a point on it, but they’re now competing with a bunch of places whose primary business has always been food service. We’ll see how Onyx does without the loss of their main amenity.

One more thing, since this came up in that post:

In a case filed by a Houston strip club that wanted to reopen as a restaurant, U.S. District Judge Vanessa Gilmore of Houston said Abbott’s changing series of orders “has caused a state of confusion that rests clearly on the Governor’s doorstep.”

Gilmore ruled that Onyx Houston could open only “without additional entertainment” — in other words, no dancers, “even if the entertainers are fully clothed.”

But she went on to suggest some flaws in the state’s executive orders.

“As previously stated, the Plaintiff has failed to add the State as a party to this action to address the First Amendment and equal protection issues raised by the Governor’s orders. Nonetheless, the Court feels compelled to point out the constitutional problems raised by the Governor’s various orders.

“The fact that the governor has now apparently decided that jail time is too harsh a penalty for a violation of his orders is little comfort,” the judge wrote, “as even that action seems to have been motivated by the impact of his order on a single violator, Dallas salon owner Shelley Luther, leaving many business owners unsure, even now, if the orders would be equally applied to them.”

The story points out that the state of Texas – not just Greg Abbott, but also Ken Paxton in his role as lapdog/enforcer – has been quite inconsistent in its directives to businesses and cities, doing a complete reversal on the matter of enforcement after Shelley Luther started showboating. This pandemic has been very difficult for all levels of government to manage. It’s something we hadn’t seen before, and the various stay-at-home orders do raise a lot of questions about executive authority and competing interests and so forth, which the courts will be sorting out, in some cases for years to come. Greg Abbott and his craven response to the first sign of pushback from the seething masses that make up his Republican Party didn’t make any of this any easier.

Well, they do serve food

Presented (mostly) without comment:

A strip club in Houston has won a temporary order from federal court Friday night allowing it to resume business after a confrontation with police over the governor’s order to allow certain types of businesses to reopen amid the coronavirus pandemic.

Club Onyx opened just after midnight, claiming it was a full-service restaurant and that strippers there were merely “entertainment.” The governor’s order allowed restaurants, retail businesses, malls and movie theaters to open at 25 percent capacity Friday.

Houston police officers raided the business within an hour of it opening, saying the business did not qualify under the categories the governor laid out. The officers threatened owner Eric Langan with arrest if he didn’t close. Langan was defiant for hours but ultimately agreed to close the club around 4 a.m.

Then the business he owns, Trump, Inc., filed a federal lawsuit alleging the raid and forced closure violated his civil rights. The suit argued that his business was a restaurant and therefore able to accept customers.

Late Friday night, federal judge Vanessa Gilmore granted the club’s owner a temporary restraining order allowing it to reopen. It also prohibited Houston police from arresting employees for doing so and ordered the agency to produce all records from its investigation.

Mayor Sylvester Turner said the club had primarily operated and categorized itself as a sexually oriented business before the pandemic and was only claiming to be a restaurant so it could reopen.

No one ever said this was going to be easy. There was a time when strip clubs might have been Houston’s third-biggest industry, following energy and the Medical Center. I don’t even know what I’m doing here.