Cheetah Lounge to sue county

The Cheetah Lounge has long battled Sarasota County in court, most recently losing when a judge granted the county a permanent injunction against the north Sarasota strip club Jan. 21.

Now, Cheetah Lounge owners are asking the county to pay $5.1 million for relief under the Bert J. Harris Private Property Rights Act. A June 26 letter from Cheetah attorney S. William Moore to the county said municipal codes enacted in 2008 and applied to the club last year have “worked to inordinately burden…the private property rights of the property owner.”

Cheetah Lounge owners have had their property, which is located at 3939 N. Washington Blvd., appraised at market value of more than $5 million.

Commissioners will consider the county’s legal options during a regular meeting Tuesday, according to a memo from County Attorney Stephen DeMarsh.

“The (county) could argue that it’s ordinance prohibiting nudity is one regulating the actions of persons, and not one that had ‘restricted or limited the use of real property’,” DeMarsh said in the memo. And since the property can still be used as an adult-entertainment business, despite restrictions on nudity, the ordinances do not put a burden on the property’s existing use.

DeMarsh will present the following options to commissioners:
+ Consider a settlement, including the possibility of altering the ordinances in question
+ Pay $5.1 million to Cheetah Lounge owners
+ Offer to pay less than the amount demanded
+ Offer o pay less than the amount demanded, with concessions
+ Issue a statement offering no changes to the ordinance
+ Do nothing and wait for the lawsuit to be filed

“We believe the county has several arguments as to why it is not liable,” said DeMarsh. “There are risks associated with any lawsuit, but our office recommends sending a letter to Cheetah Lounge denying the claim and informing it that the ordinances will be enforced as written.”