Exotic dancers who claim these were held against their will and photographed by San Diego, Ca law enforcement officers during a compliance raid can progress using their lawsuit, a federal judge ruled this week.
The 24 dancers, that have worked in the Cheetahs or Expose strip clubs, claim the officers violated their constitutional rights throughout the raids July 15, 2013, and March 6, 2014.
According to the complaint, five to 15 police officers visited the clubs in the early-evening hours and ordered the san diego female strippers right into a dressing room, where they were told to hold back until called, the lawsuit said.
The officers then questioned the dancers, who are scantily clad, checked their city-issued adult entertainer permits, asked about tattoos or piercings and photographed them.
The lawsuit claims several of the officers “made arrogant and demeaning comments on the entertainers and ordered these people to expose areas of the body so they could ostensibly photograph their tattoos.”
The dancers repeat the process lasted over one hour, and once several asked when they could leave, police threatened these with arrest and stationed officers at the exits, the suit says.
Lawyers for San Diego police asked the judge to dismiss the lawsuit, saying the search and seizure was reasonable as laid out from the city’s permitting law, allowing police inspections of adult entertainment businesses. Police have said that cataloging tattoos is an easy way to identify dancers who regularly change their appearances.
“Submitting photographs and providing identification during reasonable inspections, in order to avoid losing a permit, is qualitatively distinct from stripping as a result of undergarments, huddling in a dressing room for as much as an hour or so, and submitting to some photo shoot that involved the exposure of intimate parts of the body, to avoid arrest,” he wrote.
The judge is additionally allowing the lawsuit to go forward with a false-imprisonment claim along with a Monell claim, which can hold supervisors responsible for the actions of lower-ranking officers if 70dexmpky could be proven that this behavior was a part of a lengthy-standing custom or practice within the Police Department.
While the judge agreed with all the city that three raids in a year don’t amount to a “long-standing” or “widespread” practice, the judge also cited comments from a police spokesman who told the media that such raids were routine.