Exotic dancers who claim these were held against their will and photographed by San Diego police officers during the compliance raid can move ahead making use of their lawsuit, a federal judge ruled in the week.
The 24 dancers, who may have worked at the Cheetahs or Expose strip clubs, claim the officers violated their constitutional rights during 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 male strippers into a dressing room, where they were told to hold back until called, the lawsuit said.
The officers then questioned the dancers, who were scantily clad, checked their city-issued adult entertainer permits, asked about tattoos or piercings and photographed them.
The lawsuit claims some of the officers “made arrogant and demeaning comments towards the entertainers and ordered these people to expose areas of the body so that they could ostensibly photograph their tattoos.”
The dancers say the process lasted greater than an hour, and when several asked if they could leave, police threatened them with arrest and stationed officers in the exits, the suit says.
Lawyers for The San Diego Area police asked the judge to dismiss the lawsuit, saying the search and seizure was reasonable as presented from the city’s permitting law, which allows police inspections of adult entertainment businesses. Police have stated that cataloging tattoos is a straightforward approach to identify dancers who regularly change their appearances.
“Submitting photographs and providing identification during reasonable inspections, to avoid losing a permit, is qualitatively distinct from stripping as a result of undergarments, huddling in a dressing room for approximately an hour, and submitting to your photo shoot that involved the exposure of intimate body parts, to prevent arrest,” he wrote.
The judge is likewise allowing the lawsuit to go forward over a false-imprisonment claim plus a Monell claim, which could hold supervisors accountable for the actions of lower-ranking officers if 70dexmpky may be proven that this behavior was element of a long-standing custom or practice in the Police Department.
Even though judge agreed with the city that three raids in just a year don’t amount to a “long-standing” or “widespread” practice, the judge also cited comments by a police spokesman who told the media that such raids were routine.