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Private Club Argument Rejected In Ohio Dance Club Case

Private Club Argument Rejected In Ohio Dance Club Case

Total Xposure has been deemed a public nuisance by a Miami County judge who rejected the defense’s argument that the establishment was a private club. The nude dancing portion of the business was ordered to be shut down for one year.

The ruling does not affect the adult bookstore portion of the Total Xposure building.

County prosecutors had requested that the club be deemed a public nuisance because of alcohol allegedly being on the premise without a liquor license and because of alleged sexual contact between dancers and customers.

Total Xposure's lawyers argued any sexual contact with patrons was incidental to expression by dancers in their dancing; that the club was not a public place; and that alcohol was allowed on the premises because it was a private club.

While the defense argued that alcohol was allowed on the premises because it was a private club, the judge ruled that it was not a private club because members had no control over its operations.

Members of the club were required to sign a membership agreement, present identification and pay a cover charge.

Posted written rules against sexual contact between dancers and patrons were deemed ruses, a decision the judge reached after reviewing eight tapes containing around 30 hours of footage showing "myriad of lewd behavior and illegal sexual activity, including sexual contact between dancers and patrons in exchange for money."

Total Xposure owners Luke Liakos and Scott Conrad also operate the Diamond's Cabaret and Hot Spot Tanning club.

 The ruling said the tapes were made in fall 2002 and featured dancers introduced as nationally known porn stars. Those acts that were found to have engaged in sexual conduct are barred from appearing again at Total Xposure or any other properties under the same management team in the state of Ohio.

The defense, led by H. Louis Sirkin, had argued that any sexual conduct was incidental.

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