Exotic dancers who claim these folks were held against their will and photographed by San Diego County law enforcement officers during the compliance raid can move ahead making use of 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 during the raids July 15, 2013, and March 6, 2014.
According to the complaint, five to 15 law enforcement officers traveled to the clubs throughout the early-evening hours and ordered the san diego strippers in a dressing room, where these folks were told to wait patiently 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 some of the officers “made arrogant and demeaning comments towards the entertainers and ordered these people to expose parts of the body so they could ostensibly photograph their tattoos.”
The dancers repeat the process lasted greater than an hour, and whenever several asked once they could leave, police threatened these with arrest and stationed officers on the exits, the suit says.
Lawyers for San Diego, Ca police asked the judge to dismiss the lawsuit, saying the search and seizure was reasonable as organized by the city’s permitting law, that allows police inspections of adult entertainment businesses. Police have said that cataloging tattoos is a simple strategy to identify dancers who regularly change their appearances.
“Submitting photographs and providing identification during reasonable inspections, to prevent losing a permit, is qualitatively different than stripping right down to undergarments, huddling within a dressing room for approximately an hour, and submitting to some photo shoot that involved the exposure of intimate parts of the body, to avoid arrest,” he wrote.
The judge can also be allowing the lawsuit to visit forward with a false-imprisonment claim as well as a Monell claim, which may hold supervisors responsible for the actions of lower-ranking officers if 70dexmpky can be proven that the behavior was element of an extensive-standing custom or practice within the Police Department.
Even though the judge agreed with all the city that three raids in just 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.