this is a good example of how government selectivelly enforces their laws. the scottsdale cops didnt even bother enforcing these laws when they were passed because they thought they were unconstitional. now they are going to start enforcing them to try and run porn star jenna jamison out of business. Original Article Tougher policing at strip clubs Scottsdale reverses earlier legal advice By RYAN GABRIELSON TRIBUNE Scottsdale police have not enforced regulations banning lap dances and other types of physical contact between strippers and customers at the citys topless bars for two years. Such activity outlawed by the citys Sexually Oriented Business ordinance takes place regularly at Babes Cabaret, 2011 N. Scottsdale Road, and Skin Cabaret, 1137 N. Scottsdale Road, the Tribune has found. The citys attorneys office, fearing the ordinance might not be upheld in federal court, told police and prosecutors to ignore the violations, according to a written statement issued by the city late Friday afternoon. Word of that internal decision never made its way up to city leaders, including Mayor Mary Manross, who helped craft the 1993 ordinance aimed at cleaning up tawdry activity inside the clubs. City officials decided late Friday afternoon to begin enforcing the ordinance immediately, city spokesman Pat Dodds said, after a meeting among key city management and legal staff. Manross and several City Council members said they were only informed the ordinance was being ignored on Friday, following inquiries by the Tribune. Questions about the citys enforcement of its strip clubs come as adult film star Jenna Jameson recently purchased Babes. Her involvement has spurred neighborhood activists and the city to turn their attention to south Scottsdales topless bars, which some argue could be stumbling blocks to the planned revitalization of that area. The enforcement lapse was prompted by former City Attorney David Pennartzs decision to stop prosecuting those particular violations in August 2003, Dodds said. A then-pending lawsuit, filed years earlier by Dream Palace, an all-nude club just south of Scottsdale, against Maricopa County had thrown into question what restrictions governments can place on adult businesses. "While this case was under review, Scottsdales former city attorney suspended enforcement pending direction from the federal courts," the release states. Pennartz did not immediately return a call for comment Friday. The "message to his folks, I guess to the prosecutors and to the police, was that at that time that it would be difficult or he would advise that they try not to enforce until (the litigation) was decided," Manross said. However, police did not restart upholding the ordinance even after the U.S. Court of Appeals ruled on the Dream Palace suit in September. The ruling struck down part of the county ordinance dictating how the strippers can move on stage, but left most of the regulations intact. Manross blamed the enforcement lapse on communication problems between police and the citys legal office. In addition, the mayor said the city attorneys post has undergone a great deal of turnover in recent years, exacerbating the problem. Councilman Bob Littlefield said there was no excuse for allowing the topless bars to violate city code without consequence. Under the ordinance, if a club is convicted of three violations within 12 months, it loses its sexually oriented business license. "The city in typical fashion of, Oh we dont want any bad news out there decided that rather than enforce the ordinance vigorously and fight these guys in court, that we just wouldnt stir the pot," Littlefield said. News of Jamesons purchase has served as a reminder for some south Scottsdale residents that it is in their half of the city in which strip clubs and other undesirable businesses have located. Neighborhood activists have called on the council to shut down Babes, which has run in Scottsdale under various names for more than 30 years. During the past week, Manross and council members have directed City Manager Jan Dolan and the city attorneys office to research ways to close the topless bar . However, it is unclear how large a share of Babes that Jameson, whose real name is Jenna Massoli, has acquired and whether the council has the authority to intervene. If Babes majority ownership does not change, the club will not be required to apply for a new sexually oriented business license. The city ordinance, in part, prohibits strippers from performing off-stage, requires them to wear identification above their waist and prohibits contact between customers and dancers during performances. But without enforcement of the ordinance for two years, employees at a Scottsdale topless bar said they were not even aware of the regulations. Warren Colazzl , a manager at Skin, said their strippers do perform "table" dances and allow customers to place tips on the dancers bodies which is allowed under state law. Table and lap dances can be considered the same thing, though Colazzl argued that lap dances include "grinding." "If we were doing something wrong in this club, (the police) would let us know about it," Colazzl said. The same activities can be found at Babes. On Wednesday night, two Tribune reporters visited Babes to observe its operations and found strippers were performing lap dances and accepting tips in the same manner. Rigoberto Durazo, Babes manager, did not return calls for comment Friday. Every strip club offers lap dances, a pair of dancers at Skin said Friday. The strippers, who withheld their names at Colazzls request, said that the private performances account for 90 percent of their income. "You only get ones on stage and sometimes they give you fives and they dont do that enough," one of the women said. Asked whether they had ever been issued identification cards, another replied: "Where would we put it?" Earlier this summer, the city attorneys office has been working with an outside law firm to craft changes to the ordinance, said Mike Phillips, a city spokesman. Scottsdales ordinance includes a similar section as the one struck down in the Dream Palace ruling. The legal office will submit possible revisions to the city code this fall. "Our legal staff is pretty sure that most of our ordinance is going to be intact," Phillips said. In the meantime, Dodds said police will issue citations for certain violations under the ordinance. Dodds said he could not provide exactly which regulations will be enforced. Many council members contacted by the Tribune on Friday were not aware the ordinance was not being upheld. Councilman Ron McCullagh, among others, said they suspected police may not be keeping the strip clubs in-line with city code. "Ill be disappointed" if it is not enforced, McCullagh said. "I dont know about surprised, but Ill be disappointed if were not enforcing our ordinance against that kind of operation." Hands off Scottsdales Sexually Oriented Business ordinance, which regulates topless clubs, bans lap dances and other types of interaction between performers and customers: A performer cannot provide an "adult service" except upon a stage that is elevated three feet above the floor and surrounded by a railing or barrier. Customers are not permitted to sit within three feet of the stage. A performer may not engage in any "specific sexual activity" within the club, which means simulated or real sex of any kind, as well as no fondling of specified body parts. Performers must wear their adult service provider work identification card, which includes a picture and city permit number, above the waist, except when on stage dancing. Neither customers nor performers can reach across the stage barrier, nor may customers place money on the performers when the performer is nude, or in their costumes.