A Chula Vista strip club has closed its doors after a San Diego Superior Court judge signed a judgment that prevents Eyecandy Showgirls from operating at 215 Bay Blvd.
After a two-year legal battle, Judge Richard E.L. Strauss ruled in the city of Chula Vista’s favor last June saying that Eyecandy violated the city’s municipal zoning code, which requires that a sexually oriented business be located at least 500 feet from residentially zoned territory that is located on the same street or streets.
Attorney Deborah Fox contended in court that city measurements measured Eyecandy at 475 feet from residentially zoned territory, therefore it didn’t meet the 500-foot buffer.
“My clients were notified (to shut down) and promptly obeyed the court order,” said Eyecandy attorney Roger Diamond. “We respect the judge very much. We believe the court of appeal will reverse the judgment.”
In a statement, City Attorney Glen Googins said the court made clear it that Eyecandy was indeed breaking the law.
“The city very much appreciates Judge Strauss’s emphatic ruling in this case,” the statement read. “The judge’s decision makes it clear that this business is illegal and that it must shut down immediately. The city will now take all necessary steps to see its closure and to recover its costs.”
Randy Welty, owner of Eyecandy Showgirls, said the case is far from over.
“We are not finished with this situation,” Welty said. “That was just round one.”
Diamond said he has had lots of success in the court of appeals pertaining to other adult oriented businesses in San Bernardino County operated by Welty where Diamond said he obtained a $1.4 million judgment to reimbursed the club for the time it was ordered to close.
Diamond has 60 days to file a notice of appeal and is said to be working on the paperwork.
Fox had no comment on a possible appeal but said she is happy with the decision.
“The city prevailed on all counts and finally got the benefit of its zoning ordinance,” she said. “I am really pleased that Eyecandy is complying with Judge Strauss’s decision.”
The city filed a lawsuit against Eyecandy’s owner in June 2013 when he misrepresented the club on a business license as a comedy club called Amberhand Entertainment. To the city’s surprise, Eyecandy Showgirls opened in October 2012 where the old Anthony’s Fish Grotto used to be, near the Living Coast Discovery Center.
The city of Chula Vista eventually plans to build a transit-oriented development filled with highrise residential housing near the trolley stop at 750 E St. Eyecandy is located behind that property.
Diamond argued that Eyecandy isn’t violating city code because it is located on Bay Boulevard, not on E Street, he said, where the code would apply.
Fox said the city of Chula Vista has spent roughly $400,000 fighting Eyecandy in court.
Diamond said Eyecandy’s closure is just temporary.
“The outcome is unfortunate for those adult citizens of Chula Vista who believe in freedom. When we win the appeal Eyecandy will reopen,” he said.
