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Supporting Documents - Cities of Bellevue and Tukwila
Supporting Documentation for Renton City Council's adoption of Ords ##4594 & ##4595 - Effective 5/12/96 DOCUMENTS FROM CITIES OF TUKWILA AND BELLEVUE DOCUMENTS FROM CITIES OF BELLEVUE AND TUKWILA I: . . • , • ::E ' • • : •• • ' LLEV U. e • .."_.: . • • !: :•._y•• . . . . ..... .. . LAKE FOREST PARK Adult Entertainment • Documents from City of Bellevue • TURN COPY - 2 t tb 11355 g 'z LEVY 4 5 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON 6 IN AND FOR THE COUNTY OF KING 7 INO INO, INC. , a Washington 8 corporation 9 Plaintiff, NO. 95-2-02025-9 10 v. 11 CITY OF BELLEVUE, 12 Defendant. 13 DEJA-VU, INC. OF BELLEVUE, 14 Plaintiff, NO. 94-2-22796-3 15 v.. 16 CITY OF BELLEVUE, ' 17 Defendant. 18 19 RONDA REMUS, ESMERALDA SILVA, 20 and OTHERS SIMILARLY NO. 94-2-27797-9 SITUATED, 21 DEFENDANTS' MOTION FOR Plaintiffs, ORDER TO SHOW CAUSE AND 22 FOR TEMPORARY v. RESTRAINING ORDER' AND OPPOSITION TO 23 CITY OF BELLEVUE, PLAINTIFFS' MOTION FOR ORDER TO SHOW CAUSE AND 24 Defendant. FOR TEMPORARY RESTRAINING ORDER 25 26 27 DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO f 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-I " l WP0267C-Briefs i �� T cox. r CITY OF BELLEVUE 3� UZ'� 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 (206) 455-6829 1 I. RELIEF REQUESTED 2 COMES NOW the City of Bellevue by and through its 3 attorneys of record and moves this court for a temporary 4 restraining order and order to show cause why a preliminary 5 injunction should not issue requiring plaintiffs and their 6 employees and agents to comply with all requirements of 7 Bellevue City Code Chapter 5. 08. In addition, the City 8 requests that the court deny plaintiffs' request for a 9 restraining order and cross-motion for an order to show cause. 10 . II. FACTS 11 A. Legislative History 12 In November, 1993 , the Bellevue City Council first adopted f 13 legislation providing for the licensing and regulation of adult 14 cabarets. That ordinance, No. 4602, included legislative 15 findings related to the documented and potential secondary 16 impacts of adult entertainment, and the need for regulation of 17 such businesses through licensing. A copy of the ordinance is 18 attached to the Declaration of Lori M. Riordan as Exhibit "A" . 19 On January 23 , 1995, the City of Bellevue adopted the most 20 recent revisions -to its existing cabaret licensing ordinance, 21 Bellevue City Code Chapter 5. 08 . Those revisions which appear 22 in Ordinance No. 4735 went into effect on February 22 , 1995. A 23 copy of that ordinance is attached to the Declaration of Lori 24 M. Riordan as Exhibit "B".. A copy of Bellevue City Code 25 Chapter 5. 08 in its entirety as of February 22, 1995 is 26 27 DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-2 WPG267C-Bricfs g CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 (206) 455-6829 CITY OF BELLEVUE Ij • INDEX , of Case Pleadings Date Document Office Tab 02/23/95 Defendant's Motion for Order to Show Cause and for Bellevue 1 TRO and Opposition to Plaintiffs' Motion for Order to Show Cause and for TRO with following exhibits: A. Declaration of Lori M. Riordan with attachments (missing); B. Declaration of Officers Hoffman, Thibert, and Hanna from Bellevue v. Babes, et al. King County Cause No. 94-2-32814-0; C. Declaration of J. Del Armstrong; (missing) D. Declaration of Kathryn L. Daniels; E. Declaration of Carl A. Kleinlcnecht; (missing) F. Declaration of Officer Bryce Corey; (missing) G. Declaration of Officer Curtis McIvor; (missing) H. Declaration of Carlos Preciao;, (missing) I. Declaration of Curt Rasco; (missing) J. Declaration of Richard Andrews: (missing) •" K. Declaration of Alexandra Harris; (missing) L. Declaration of Susan Basabe; (missing) M. Declaration of James P. Covey; (missing) N. Declaration of Margot Blacker; (missing) O. Declaration of Mark Hanna; (missing) P. Copy of Everett v. Heim; (missing) Q. Copy of O'Day v. King County; (missing) 03/00/95 Memorandum in Support of Motion for Preliminary Burns 2 Injunction with following exhibits: A. Declaration of Rhonda McCormack in Support of Moiton 03/10/95 Supplemental Memorandum in Support of Motion for Burns 3 Preliminary Injunction 03/09/95 Memorandum of City of Bellevue in Opposition to Bellevue 4 Plaintiffs' Motion for Preliminary Injunction Preston 1 attached to the Riordan Declaration as Exhibit "C". _ 2 Plaintiffs make much of discussions between City 3 Councilmember Margot Blacker and Andrea Vangor, Executive 4 Director of Washington Together Against Pornography, claiming 5 that Blacker and perhaps other unidentified councilmembers have 6 improper motives for enacting this legislation. Plaintiffs 7 have absolutely no evidence to back up these. spurious 8 allegations. While it is true that Ms. Blacker is on the 9 advisory board of Washington Together Against Pornography, she 10 was not required to disclose this association publicly as 11 suggested by plaintiffs since the council action involved here 12 was legislative, not quasi-judicial. To claim that discussions 13 between Blacker and Vangor and other City representatives 14 somehow constitutes improper ex parte contact, is ludicrous: 15 counsel for Deja Vu, Jack Burns, also had numerous contacts 16 with the City Attorney's office regarding the amendments during 17 1994, and received and commented on the ordinance while it was 18 in draft form. Further, plaintiffs' counsel have now deposed 19 Councilmember Blacker, who established that she did not have 20 improper motives in advancing changes to the City's ordinance 21 in July, 1994 when she sought the assistance of Vangor. 1 22 Blacker has testified, consistent with her prior statements on ' 23 24 1 It is equally clear from the correspondence between Vangor and the City that it was the City 25 Attorney's Office, not Vangor or WASHTAP, which proposed the four-foot separation requirement. Vangor's initial statements regarding separation requirements related to unclothed performances, not table 26 dancing. 27 DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-3 L/75 WP0267C-Hricfi• i l CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 (206) 455-6829 -- 1 the record at City Council meetings, that her motive in - 2 pursuing a more comprehensive licensing ordinance was to guard - 3 against the demonstrated secondary impacts of adult-oriented 4 business, which Ms. Blacker perceives to include sexual contact 5 and conduct, prostitution, and drug transactions. 6 The plaintiffs also deride the City's factual basis for • 7 its legislative findings, suggesting that the City had little 8 or no evidence to demonstrate adverse secondary impacts and 9 evidence that was available did not support the City's 10 conclusions. The City supplied to plaintiffs the extensive 11 records of Bellevue's long history of legislative action 12 related to adult-oriented businesses, including the hearings ¶ 13 conducted by the Bellevue Planning Commission in 1988 on zoning 14 of these businesses. The information contained in those 15 records is highly relevant to the decisions made by the 16 Bellevue City Council in 1993, 1994, and 1995 related to the 17 licensing ordinances, because no fewer than three of the 18 councilmembers served previously on the Planning Commission and 1g became familiar with the information supplied at those 20 hearings. 21 In addition, plaintiffs fail to acknowledge that since 22 December 7, 1994 , Bellevue has been documenting the very real 23 secondary impacts of adult-oriented businesses because of the 24 opening of Babes and now Papagayos. As demonstrated by the 25 declarations of the police officers who have visited these 26 27 DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO 28 PLAINTIFFS'MOTION FOR ORDER TO SNOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-4 , /�� WP0267C-Bricti /) CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 • (206) 455-6829 • 1 clubs in an undercover capacity, as well as reports taken by 2 uniformed officers, Bellevue has proof that adverse secondary 3 impacts are related to this type of business. The reports 4 reflect acts of prostitution, exposure of private parts at 5 times and in places where exposure is not permitted by law, 6 fondling and other prohibited sexual contact, consumption- of 7 alcohol in public parking lots, and•at least one assault. 8 Papagayos has at least once sought police assistance, . g requesting that the City remove picketers exercising their 10 First Amendment rights from the parking lot outside of the 11 Papagayos establishment. 12 B. Factual Background t 13 Plaintiff Deja Vu was issued an adult cabaret license in 14 1994 , which was renewed in 1995. Deja Vu has not yet taken 15 possession of the premises where it intends to provide adult 16 entertainment. Plaintiffs Remus and Silva are adult 17 entertainers licensed by the. City, of Seattle to perform within 18 that City. Neither Remus nor Silva presently possess an adult 19 entertainer's license, although both have applied 'for their 20 licenses and have been issued temporary licenses which would 21 permit them to dance at Papagayos. Plaintiff Ino Ino, Inc. 22 operates as Papagayos which, on January 23 , 1995, opened as a 23 duly licensed adult cabaret. 24 The owners/operators of Papagayos are also among the 25 owners/operators of another entertainment establishment Babes-- 26 27 DEFENDANT'S''MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-S L 1 Y1 n WP0267C-Bricfs ^/ / CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 (206) 455-6829 1 which is located in Bellevue's Factoria area. Babes opened in 2 early December, 1994, ostensibly as a "bikini" club, where 3 female dancers were to perform upon a stage, wearing bikinis. 4 The owners of Babes represented to the City that they did not 5 intend to 'provide adult entertainment, and therefore sought and 6 were issued a cabaret license, and not an adult cabaret 7 license. In fact, from the date the club opened on December 7, 8 1994, and almost continuously until January 23 , 1995, when g Papagayos opened for business as an adult cabaret, the 10 entertainment provided was adult entertainment, and did not 11 differ significantly from that presently provided at Papagayos. 12 The only material difference between the two clubs was that the � f 13 stage dances at Babes did not routinely include stripping to 14 expose the breasts, pubic region, genitals, or anus of, the 15 dancers, although violations of this nature were documented. • 16 The dancers who performed at Babes were hired to perform by 17 Talents West, and are for the most part the same dancers who 18 now perform at Papagayos. Talents West, owned in part by David 19 Ebert (also a part owner of Babes and Papagayos) , hires the 20 dancers to perform at Papagayos. 21 . Based upon evidence submitted, by the City in December, 22 1994 , Judge Charles Johnson of the King County Superior Court, 23 issued a Temporary Restraining Order against Babes (later 24 transformed to .a Preliminary Injunction by agreement of the 25 parties) , finding that the entertainment provided there 26 27 DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-6 WP0267C-Bricfs CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 (206) 455-6829 1 constituted adult entertainment for which the owners had not _ 2 secured a license. On February 3, 1995, Judge Johnson also 3 found that Babes and its owners were in contempt of court 4 because they had continued to provide adult entertainment in 5 violation of the court's prior orders. Judge Johnson's 6 decision was based upon the evidence submitted by the City 7 which documented the type of entertainment offered and the 8 violations that were being committed by the dancers at Babes. g These dancers included those who are now licensed to perform as 10 adult entertainers at Papagayos. A copy of the Judge's 11 Findings, Conclusions, and Decision is attached to the 12 Declaration of Riordan as .Exhibit "D. " 13 The plaintiffs challenge certain provisions of BCC 5. 08, 14 including the lighting level requirement of 30 lux and the four 15 foot separation requirement for non-stage performances. In 16 addition, plaintiffs Remus et al. and Ino Ino, Inc. challenge 17 the City's right to require certain information for licensing 18 and the City's standards for denial of a license. Deja Vu lg separately challenges the eight-foot separation requirement for 20 the stage configuration and the standards of conduct relating 21 to actual or simulated sex acts. 22 since the opening of Papagayos, Bellevue has sent 23 undercover officers into the club to observe the activities. 24 Declarations of officers establish' that 'Papagayos is routinely 25 violating those provisions of the adult cabaret ordinance which 26 . • 27 DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-7 WP0267C-Briefs . CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 (206) 455-6829 _ 1 it is challenging here, as well as other provisions of the _ 2 ordinance and other City laws. Because plaintiff Deja Vu has . 3 not yet opened, and because plaintiffs Remus and Silva have 4 not, to the City's knowledge, begun performing in Bellevue, the 5 City has no information relating to violations by these 6 plaintiffs. 7 III. STATEMENT OF ISSUES 8 A. If the City is entitled to an order restraining g plaintiffs' violations of the City's adult cabaret licensing 10 ordinance because the ordinance is a valid, constitutional 11 regulation of sexual conduct? 12 B. Should plaintiff's motion for a temporary restraining I r 13 order be denied where they cannot show that they are likely to 14 prevail on the merits or that they are likely to sustain actual 15 and substantial injury as a result of enforcement of the City's 16 adult cabaret ordinance? 17 IV. EVIDENCE RELIED UPON 18 A. Declaration of Lori M. Riordan with attachments ig thereto; 20 B. Declarations of Officers Hoffman, Thibert, and Hanna from Bellevue v. Babes, et al. , King County Cause No. 21 94-2-32814-0; 22 C. Declaration of J. Del Armstrong 23 D. Declaration of Kathryn L. Daniels 24 .. E. Declaration of Carl A. Kleinknecht 25 F. Declaration of Officer Bryce Corey 26 27 DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-8 /J(f Il WP0267C-Bricfs ?b(0 . CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 (206) 455-6829 • 1 G. Declaration of Officer Curtis Mclvor _ 2 H. Declaration of Carlos Preciado 3 I. Declaration of Curt Rasco 4 J. Declaration of Richard Andrews 5 K. Declaration of Alexandra Harris 6 L. Declaration of Susan Basabe 7 M. Declaration of James P. Covey 8 N. Declaration of Margot Blacker 9 0. Declaration of Mark Hanna 10 P. Copy of Everett v. Heim 11 Q. Copy of O'Day v. King Co. 12 V. AUTHORITY AND ARGUMENT 13 A. Standard of Review to Obtain a Temporary Restraining Order and a Preliminary Injunction. 14 RCW 7 .40. 020 sets forth the standard governing the 15 issuance of an injunction in Washington. To obtain injunctive 16 relief under the statute, the party seeking relief must show: 17 (1) That it has a clear legal or equitable 18 right, (2) that it has a well-grounded fear of immediate invasion of that right, and 19 (3) that the acts complained of are either resulting in or will result in actual and 20 substantial injury to it. 21 Port of Seattle v. In'tl Longshoremen's Union, 52 Wn. 2d 317, 22 319 . 324 P. 2d 1099 (1958) . Injunctive relief will issue when 23 all three criteria are satisfied. Each of these criteria is 24 satisfied by the City's evidence, but not..by the plaintiffs' 25 evidence. 26 27 DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-9 LIQ i WP0267C-Bricf, �I W . CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 (206) 455-6829 - 1 B. Preliminary Constitutional Considerations: The State Constitution and Regulation of Conduct v. Expression. 2 3 The plaintiffs argue that the City's regulations at issue 4 substantially impact the plaintiffs' rights to free expression 5 under Washington Constitution Article 1, .section 5, and the 6 First Amendment to the federal Constitution. Some (but not all 7 plaintiffs) argue for a higher standard under the state 8 constitution also suggest that the appropriate standard for 9 review of the City's ordinances is one of "strict scrutiny. " 10 The plaintiffs have misrepresented the actual impact of the 11 City's regulations and have therefore misstated the appropriate 12 standard for review. 13 1. Gunwall Analysis - Application of the State Constitution. 14 Plaintiffs Remus and Silva and Ino Ino (the "Papagayos 15 Plaintiffs") argue that because of the differences between 16 Washington's Art. 1, Sect. 5, and the First Amendment, the City 17 has a greater burden to sustain its ordinance. Plaintiff Deja 18 Vu, however, declines to provide a Gunwall analysis, relying 19 upon the language in Bering v. Share, 106 Wn. 2d 212 , 234 , 721 20 P. 2d 918 (1986) to contend that there is no distinction between 21 the two constitutions in the analysis of the City's ordinance. 22 (Brief of Deja Vu, pp. 4-5. ) The City submits that plaintiff 23 Deja Vu is correct, particularly in light of obvious errors 24 contained in the Gunwall analysis offered by the Papagayos 25 plaintiffs. 26 27 DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-10 `'�» WP0267C-Bricfs '] . CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 (206) 455-6829 ,) 1 a. Textual Differences 2 The Papagayos plaintiffs rely on the phrase "on all 3 subjects" in Art. 1, Sect. 5 of the Washington Constitution2 as 4 an important distinction between the state and federal 5 constitutions. However, this phrase must be construed in 6 conjunction with the proceeding verbs "speak, write, and 7 publish. " There is nothing in the state constitution to 8 indicate broader protection for the type of expression found in 9 live entertainment in the adult entertainment businesses. See 10 State v.' Reece, 110 Wn. 2d 766 (1988) (regarding the status of 11 obscenity in the context of written material) . . The cases cited 12 by plaintiff, Northend Cinema v. Seattle; Worldwide Video v. 13 Tukwila; and Adult Entertainment Center v. Pierce Cv. , all 14 involve traditionally protected pure speech in the form of film 15 or videotape. Live entertainment, which offers the very real 16 potential for unprotected sexual conduct, was not at issue in 17 any of these cases. 18 b. Pre-Existing Case Law 19 No Washington court has applied a heightened scrutiny to 20 protect live entertainment in an adult entertainment business 21 from local government time, place and manner regulation. 22 Preexisting case law in Washington regarding time, 'place, 23 and manner regulation of live adult entertainment leads to the 24 25 2 Art. 1, Sec. 5'states: Every person may freely speak, write and publish on all subjects being . 26 responsible, for the abuse of that right. 27 DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSf17ON TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-II WP0267C-Bricfi CITY OF BELLEVUE • 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 (206).455-6829 1 opposite conclusion. In O'Day v. King County, 109 Wn.2d 796, - _2 749 P. 2d 142 (1988) , the Washington Supreme Court found that the '3 conduct which the City seeks to enjoin here--the so-called 4 "table dance" and "slow dance" consisted of sexual fondling and 5 clothed masturbation that is pure conduct and outside 6 constitutionally-protected expression. See also Everett v. 7 Heim, 71 Wn.App. 392, 859 P.2d 55 (1993) . 8 _ Of the cases cited by plaintiff, Adult Entertainment . 9 Center v. Pierce Cy; Northend Cinema; . and Worldwide Video all 10 involved film media and not live entertainment; Collier v. 11 Tacoma involved posting of political signs, a classic speech 12 activity, at the very core of. First Amendment protection. 13 These cases provide no authority that the framers of, ' 14 Washington's constitution viewed live adult entertainment 'as 15 worthy of a heightened scrutiny for protecting expression. 16 c. ' Structural Differences. 17 There is no evidence of any "structural difference" 18 between the two constitutional measures. . The United States 19 Supreme Court held in Barnes v. Glen Theater, 501 U.S. 560 115 20 L.Ed. 2d 504, 111 S.Ct. 256 (1991) , that live adult 21 entertainment is only marginally protected under the First 22 Amendment. The Papagayos, plaintiffs are plain wrong in their 23 claim that Barnes was a radical departure from previous 24 decisions of the federal courts. Even as early as 1974, the 25 U.S. Supreme Court made it clear that the First Amendment 26 27 DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-12 WP0267C-Briefs CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 (2061 455-6829 1 status of live adult entertainment was highly uncertain: _ 2 Although the customary "bar room" type of nude dancing may involve only the barest 3 minimum of protected expression, we recognized in California v. LaRue [citation 4 omitted] that this form of entertainment might be entitled to the First and 5 Fourteenth Amendment protection under some circumstances. 6 Doran v. Salem Inn, Inc. , 422 U.S. 922, 932, 45 L.Ed. 2d 648 , 95 7 S.Ct. 2561 (1974) (Emphasis supplied. ) 8 The plaintiffs' assertion that previous decisions of the 9 federal courts found topless dancing to be "fully protected 10 speech" under the First Amendment is also wrong. For example, 11 one of the cases cited by plaintiffs on Page 28 of their brief, 12 Miller v. City of South Bend, 904 F. 2d 1081 (7th Cir. 1990) , 13 held that "non-obscene nude dancing performed as entertainment 14 is expression and as such, is entitled to limited protection 15 under the First Amendment. " Id. at 1085 (Emphasis supplied. ) 16 Thus, the United States Supreme Court decision in Barnes v. 17 Glen Theater, supra, is fully consistent with prior federal law 18 and is not a basis for heightened constitutional protection or 19 concern. 20 Plaintiffs' Gunwall analysis represents a fundamental 21 misunderstanding of the scope of protection offered by Art. 1, 22 Sect. 5 of the state constitution. Contrary to plaintiffs' 23 ("strict scrutiny") claims, the City will not be held to the • 24 high standard proposed by plaintiffs, and will not be required 25 to show that the time, place, and manner regulation involved 26 27 DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-13 t WP0267C-Briefs 1y` 5 CITY OF BELLEVUE • 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 • (206) 455-6829 -- 1 here must involve a compelling state interest or that the - 2 regulation is the least intrusive means of regulation. 3 2 . The Regulations at Issue Impact Conduct only, and Not Protected Expression. . 4 The threshold constitutional issue with respect to the 5 • City's physical separation and minimum lighting requirements is 6 whether these provisions regulate protected expression or 7 - conduct. Regulated conduct does not enjoy the protections of 8 either Art. 1, Sect. 5 or the First Amendment. O'Day v. King 9 County, 109 Wn.2d 796, 809, 749. P.2d 142 (1988) ; Seattle v. 10 Buchanan, 90 Wn. 2d 584, 584 P.2d 918 (1978) . 11 In determining whether a law regulates conduct, the courts 12 look at the underlying purpose of the provision. In O'Day, 13 supra, the Washington Supreme Court considered the requirement 14 of a King County ordinance which prohibited the exposure of 15 certain body parts except upon a stage at least 18 inches high 16 . and removed at least 6 feet from the nearest patron (i. e. , a 17 separation requirement) . Id. at 808 . In finding that only 18 conduct was impacted, the court observed: 19 The requirement is aimed not at expression, 20 but only public sexual contact between entertainers and patrons by keeping nude 21 entertainers out of reach of the nearest patron. Cf. BSA, Inc. v. Kinq Cy, 804 F.2d 22 at .1111; Kev, Inc. v Kitsap Cy. , 793 F. 2d • at 1061. We conclude that the 18-inch 23 stage requirement of KCC 6. 08 . 050 (A) (6) regulates only conduct, and not expression. 24 Id. at 809 . 25 More recently, in the case of Heim v. Everett, 71 Wn.App. 26 27 DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-14 WP0267C-Briefs CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 (206) 455-6829 1 392 , 859 P.2d 55 (1993) , Division I of the Court of Appeals 2 reiterated this principle in ruling on whether a prohibition 3 against dancers in adult establishments sitting on the laps of 4 patrons or separating their legs. In comparing the facts of 5 O'Day to the case before it, the court observed: 6 The Everett ordinance likewise is a constitutionally permissible regulation of 7 conduct, not of artistic expression or any other form of protected speech. The 8 standards of conduct regulate the distance that an entertainer must maintain from a 9 patron in an adult entertainment establishment. Given the City's interest 10 in prohibiting public sexual contact, regulation of the proximity between an 11 entertainer and a patron in anadult club is a reasonable exercise of the City's 12 authority. 13 Id. at 396. The court additionally observed that although the 14 ordinance "may incidentally impact the entertainer's artistic 15 choice . . . that impact is not real and substantial. " Id. at 16 396-97 . 17 More importantly, the court in Heim went on to state that 18 it would uphold the ordinance even if it were interpreted to 1g apply to protected speech because of the forum in which the 20 speech is presented: 21 The constitution allows regulation of protected speech in certain circumstances. 22 Seattle v. Huff, ill Wn. 2d 923 , 926, 767 P. 2d 572 (1989) (citing Bering v. Share, 23 106 Wn. 2d 212, 221-22, 721 P.2d 918 (1986) , cert. dismissed, 479 U. S. 1050 (1987) ) . 24 The constitutional standard to be applied depends on whether the forum is public or 25 nonpublic. Yakima v. Irwin, 70 Wn.App. 1, 7, 851 P.2d 724 (1993) . Speech in public 26 - 27 DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-15 / I OV1 WP0267C-Bricfs• "� D/ CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 (206) 455-6829 - 1 forums is subject to valid time, place, and manner restrictions which are narrowly - 2 tailored to serve a significant government interest, and leave open ample alternative 3 channels of communication. Huff, 111 Wn.2d at 926. Speech in nonpublic forums may be 4 restricted if the distinctions drawn are reasonable in light of the purpose served 5 by the forum and are viewpoint neutral. Huff, 111 Wn.2d at 926 (citing Seattle v. 6 Eze, 111 Wn.2d 22, 32, 759 P.2d 366, 78 A.L.R. 4th 1115 (1988) ) . 7 Heim, at 397 . (Emphasis supplied. ) The court went on to 8 analyze the definition of public forum found in Seattle v. 9 Huff, supra, which states as follows: 10 Public forums are (1) those places which 11 "by long tradition or by government fiat have been devoted to assembly and debate" 12 [citations omitted] , or (2) channels of communication used by the public at large 13 for assembly and speech, used by certain speakers, or the discussion of certain 14 topics. [citations omitted. ] 15 Huff, at 927 . The Heim court went on to rule that an adult 16 entertainment establishment "is not a traditional public forum, 17 so speech restrictions may be valid if the distinctions are 18 reasonable and viewpoint neutral. " ' Id. at 397 . 19 In the context of the time, place, and manner regulations 20 challenged here, Washington's courts have not imposed the more 21 stringent standard of review advanced by plaintiffs. 22 C. The City of Bellevue Has a Clear Legal and Equitable Right to Injunctive Relief. 23 In deciding whether the party seeking injunctive relief 24 has a clear legal or equitable right, the Court must analyze 25 the party's likelihood of success on the merits. Federal Way 26 ' 27 DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-16 / 4�CY WP0267C-Briefs ~f b CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 (206) 455-6829 1 Family Physicians, Inc. v. Tacoma Stands Up For Life, 106 Wn. 2d 2 . 261, 265, 721 P.2d 946 (1986) . In doing so, the Court does not 3 adjudicate the ultimate rights of the parties. Id, at 261. 4 The City of Bellevue has a substantial likelihood of success on 5 the merits because the plaintiffs are repeatedly violating_ 6 conduct-regulating ordinances which have survived 7 constitutional scrutiny in other cases. 8 1. Plaintiff Ino Ino (Papagayos) is violating the City's adult cabaret ordinance because its 9 dancers are performing table dances and slow dances for money at a distance of less than four 10 feet from the patrons. 11 Bellevue City Code Section 5. 08 . 070 (A) (6) provides as 12 follows: 13 5. 08. 070 Standards of Conduct and operation - Adult cabarets. 14 A. The following standards of conduct 15 must be adhered to by the employees of any adult cabaret while in any area in 16 which members of the public are present: 17 18 6 . No employee or entertainer mingling with members of the public 19 shall conduct any dance, performance or exhibition in or about the non- 20 stage area of the adult cabaret unless that dance, performance or exhibition 21 is conducted at a distance of no less than four feet from any member of the. 22 public. 23 , Plaintiff Ino Ino, Inc. (Papagayos) routinely offers table 24 and couch dances which are performed between the spread legs of:, 25 the patrons and slow dancing which is occurring on a dance 26 • 27 DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-17 LPN WP0267C-Briefs CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 (206) 455-6829 - 1 floor in a cordoned-off area of the premises. (Declaration of 2 Officers Kleinknecht (Ex. E) ; Mclvor (Ex. G) ; Preciado (Ex. H) ; 3. and Rasco (Ex. I) ) The slow dancing, which plaintiff Ino Ino 4 Inc. , has omitted from its description of the entertainment, 5 consists generally of the dancer and the patron locked in an 6 embrace for the course of a song played by the disc jockey. 7 (Id. ) Depending upon the proclivities of the dancer, the 8 "dance" may also include masturbation of the patron through his g clothing, and exposure by the dancer of her breasts, and 10 fondling of the dancer's breasts, buttocks or genitals by the 11 patron. (Declarations of Officers Hoffman. and Thibert (Ex. B; 12 and Kleinknecht (Ex. E) . This entertainment is clearly in •f 13 violation of Section 5. 08. 070 (A) (5). (acts of sexual conduct) 14 and Section 5. 08 . 070 (A) (6) (four-four separation requirement) . 15 2 . Plaintiff Ino Ino, Inc. (Papagayos) is in violation of the Citv's 30 lux minimum lighting 16 standard. 17 Bellevue City Code Section 5. 08 . 070 (D) (2) provides as 18 follows: 19 D. Premises--specifications 20 - • 21 2 . Lighting. Sufficient • lighting shall be provided and 22 equally distributed throughout the public areas of the premises 23 so that all objects are plainly visible at all times... A ,minimum. . 24 ' lighting level of 30 lux horizontal, measured at 30 inches 25 from the floor and on 10 foot centers is hereby established for 26 • 27 DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-18 , f�0 WPff267C-Briefs I CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 (206) 455-6829 • 1 all areas of the adult cabaret where members of the public are 2 allowed. 3 The lighting level at Papagayos has never reached the , 4 minimum standard. of 30 lux. (Declaration of Susan Basabe (Ex. 5 L) and J. Del Armstrong (Ex. C) . During its first weeks of 6 operation, the tested levels ranged from approximately 2 to 29 7 lux throughout the public areas of the premises. However, the 8 club recently replaced its ordinary white light bulbs with red 9 bulbs, bringing the lighting level down to approximately .1 lux 10 or less in many areas. (Ex. L) As noted in the Declarations 11 of Officers Kleinknecht, Preciado, Rasco, and Mclvor .(Exs. 12 E-I) , the lighting in the establishment is so low that all 13 objects are not plainly visible, and the officers (and cabaret 14 managers) would be unable to sufficiently observe the 15 activities of the patrons and dancers to determine whether 16 violations were in fact occurring throughout the premises. 17 (Id. ) 18 3 . Regulation of Plaintiffs' Conduct is Clearly Permitted; Alternatively, the Ordinances at Issue are 19 Not an Unconstitutional Restraint on Protected Expression. 20 a. Plaintiffs' Overt Sexual Activity is Subject to 21 Conduct-Based Regulations. 22 'Under a regulatory scheme closely analogous to the 23 Bellevue ordinances, the City of Everett regulated such conduct 24 as table dancing between 'a patron's legs and sexual touching 25 and fondling. The court in Everett v. Heim, 71 Wn.App. 392, 396 26 ' 27 • DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-19 �� WP0267C-Brien • CITY OF BELLEVUE • 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 onFi 11.5.5-FA2Q 1 (1993) (copy attached as Exhibit P") found that such activity 2 was pure conduct which did, not enjoy the protection of the 3 First Amendment or article 1, section 5 of the Washington 4 Constitution. 5 Similarly, the Washington Supreme Court upheld the same 6 federal and state constitutional challenges to a King County 7 table dancing ordinance in O'Day v. King County, 109 Wn. 2d 796, 8 803-04 (1988) (copy attached as Exhibit "Q") . the court 9 observed that the "performances" at issue there-including the 10 exposing of breasts and rubbing them against a customer's face, 11 and rubbing against a customer's genital- area (I.::, , at p. 800, 12 n. 2) --was "pure conduct, unprotected by free speech 13 guaranties" under the first amendment and Washington 14 Constitution, article I, section 5. Id. at p. 803) . 15 Courts in those cases also went on to uphold the 16 ordinances even if they could be construed to regulate any 17 protected expression. . 18 The conduct occurring in Bellevue adult cabarets consists 19 of the following: 20 • rubbing of thighs and hips, genitals by dancers against patrons groin areas (Exs. B(1) ; (2) ;` (3) ; 21. (4) ; E; G; H; I) 22 • rubbing of patrons' buttocks area (Exs. B(3) ) 23 • masturbation of patrons' genitals by dancers (Exs. B(3) ; E) 24 • fondling by the dancers of their own breasts and. 25 genital areas (Exs. B(3) ; E; G; I) 26 27 DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-20 WP0267C-Bricf, CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 (206) 455-6829 1 • encouraging patrons to fondle the breasts and buttocks of dancers (Exs. B (1) ; (2) ; (3) ; G; H) 2 • simulation of masturbation by employees for patrons 3 (Ex. G) 4 b. Reasonable Time, Place and Manner Restrictions On "Expression" Are Justified. 5 Alternatively, plaintiffs are not engaging in pure 6 conduct, all rights to free expression are clearly subject to 7 reasonable restrictions. See, City of Renton v. Playtime 8 Theatres, Inc. , 475 U.S. 41, 89 L.Ed. 2d 29, 106 S.Ct. 1663 9 (1985) . Under Renton, time, place, and manner restrictions may 10 be imposed on exercise of the right to free speech if the 11 restrictions are (1) content neutral, (2) narrowly tailored to 12 serve a substantial state interest, and (3) leave open ample 13 alternative channels of communication. Id. 475 U.S. at 47, 52 . 14 Even if plaintiffs were correct that the appropriate standard 15 of review is one for "expression" the City will meet its burden 16 of proof. The City's licensing and conduct provisions relating 17 to adult cabarets are valid time, place, and manner 18 regulations. 19 (i) The Restrictions are Content Neutral . 20 The City's restrictions on adult cabarets are content 21 neutral . The standards of conduct which the City seeks to 22 enforce in this application for injunctive relief are the four- 23 foot separation requirement for non-stage dancing and the 24 25 26 • 27 • DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-21 �/�� WPG267C-Bricf, `7 CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 (206) 455-6829 - 1 minimum 30 lux lighting level.3 These standards are not, as 2 acknowledged by plaintiffs Remus and Ino, Ino, aimed at the 3 content of the dancers' expression. The standards are imposed 4 for those reasons expressed by the Findings in Ordinance No. 5 4602, .and the statements by City Council members allowing 6 visibility of activities for cabaret managers and law 7 enforcement to spot and correct violations. These regulations 8 make absolutely no reference to the content of the performances • g provided by the entertainers in adult cabaret establishments. 10 The regulations are aimed at preventing the secondary effects 11 attendant to live adult entertainment, e.g. sexual' contact and 12 conduct, prostitution, and drug and alcohol violations, and not s 13 at chilling any protected expression. 14 In Adult Entertainment v. Pierce Cy. , 57 Wn.App. 435, 438, 15 788 P. 2d 1102 (1990) ,. Division Two upheld a Pierce County 16 ordinance which regulated panorams (videotape reviewing 17 ' machines) , including the level of illumination, and the 18 visibility and configuration of the viewing booths. After lg laying out the three-prong test for time, place, and manner 20 restrictions, the court observed with respect to the question 21 22 .3 Although the City recognizes that plaintiff Deja Vu has challenged the City's eight-foot separation requirement for the stage area of adult cabarets, this issue is not worthy of discussion. The case of O'Dav 23 v. King County, supra, is diapositive of this issue. That court declined to even consider the right of the stage dancers to perform in proximity to the patrons to be protected speech. There, the stage separation 24 was six feet. Likewise, in Key. v. Kitsat, Cv, the 9th Circuit performed a time, place, and manner analysis, and held that a ten foot separation requirement would have minimal, if any, impact on protected 25 speech and was therefore a valid regulation. Id. at 1061. Bellevue's 8-foot separation requirement therefore is presumptively constitutional. Deja Vu's arguments about the City's justification and motivation 26 for the amendment of the stage separation requirement are not only false, but totally irrelevant. 27 DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-22 ki ct5 WP7267C-Hrie s CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 (206) 455-6829 1 of content that " [r]egulations which pertain only to the 2 arrangement of the interior of panoram booths and the 3 conditions of the premises involve no subject matter 4 restraint. " Id. at 438-39. Here, the regulations challenged 5 by plaintiffs also relate solely to the "conditions of the 6 premises, " the level of illumination and the placement of the 7 dancers while performing amongst members of the public. These 8 regulations are content neutral. 9 The four-foot separation requirement was enacted because, 10 as in the words of City Councilmember Terry Lukens, a four foot 11 separation takes a dancer out of arm's reach of a patron and 12 prevents contact which could lead to improper and unlawful , 13 conduct. (See Transcript appended to Declaration of Sharon 14 Mattson)4 Any claims by plaintiffs that the four foot 15 separation is aimed at the content of the dancers' legitimate 16 erotic expression are patently illogical. The City has not 17 . banned erotic dance at all, and in particular has not 18 prohibited the dancers from performing erotic table dances. As 19 observed by Justice Powell in Young v. American Mini Theaters, 20 supra " [i] f [the city] had been concerned with restricting the 21 message purveyed by adult theaters, it would have tried to 22 close them or restrict their number. . . . " 106 S.Ct. at 929. 23 ' 4 Bellevue has yet..to.receive,a copy of Ms. Mattson's transcription referred to in Ms. Mattson's 24 declaration, and thus in no way concedes that Ms. Mattson's transcription of the Bellevue City Council 25 Meeting of September 6, 1994 is an accurate and certified copy of the actual proceedings. Although the City provided copies of these tapes to Mr. Burns, the City Clerk has not been offered an opportunity to 26 review the transcript made by Ms. Mattson in order to certify as to its accuracy. 271 • DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-n 23 � WP0267C-Brie CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 (206) 455-6829 • 1 [citations omitted. ] - _ 2 The plaintiffs' reliance on a 1987 decision of the 3 Snohomish County Superior Court in Davis, et al. v. Snohomish 4 County (No. 87-2-01335-9) , is misplaced. First, the decision 5 of a superior court does not have precedential effect. Second, 6 the Snohomish County ordinance at issue in Davis was 7 substantially different than the City of Bellevue regulatory 8 scheme at issue in this case. 9 Snohomish County, in its legislative findings, 10 specifically stated that it found "erotic dance performed in 11 close proximityofpatrons . . . " to promote unlawful conduct 12 detrimental to public health, safety and welfare, Davis, 13 Finding of Fact 13 . In contrast, the legislative basis for 14 Bellevue's Ordinance is broader. rather than focusing on the 15 effect of individual dances within the adult entertainment 16 premises, the Bellevue ordinance is based upon the need to 17 , regulate the "adult cabaret" as an entire premises where adult I • 18 entertainment is provided. See legislative findings, Ordinance 19 4602 . I 20 The Davis case proceeded on the premise that the Snohomish 21 County Council did not find a nexus between "non-erotic 22 dancing" and the adverse secondary effects of adult 23 entertainment such as prostitution, drug dealing and crime 24 ... . . . 25 26 27 DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-24 ��n WP0267C-Bricff •r CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 (206) 455-6829 ._ 1 problems. (Finding 31) .5 2 The City of Bellevue is entitled to cognizance of the _ 3 experiences of other communities regarding violations of law 4 and other adverse secondary effects of adult entertainment 5 businesses. These effects are well-established. for example, 6 even the Davis case relied upon so heavily by the plaintiff 7 establishes both as a finding of fact (Finding 33) and a 8 conclusion of law (Conclusion 12) that there is a history of 9 abuse..of free speech rights in the adult club at issue in that 10 case and "in similar nightclubs. " 11 Furthermore, there is no question that plaintiffs have 12 conceded that the table dancing they wish to perform closer i f 13 than four feet to a patron is "erotic dancing. " See, Decl. of 14 Kris Wheeler ("The dancers employ close proximity to the 15 audience to create a sense of intimacy and rapport with 16 audience members which is part of the erotic message that they 17 are• attempting to convey, " Decl. ¶ 9; "the entertainers attempt 18 to create an illusion of eroticism and sexiness as part of 19 their performances . . . . " Id. 4 10) 20 Since the plaintiffs concede that their dancing is 2] 22 5 The Davis court's conclusory dicta about the overbreadth of an ordinance that applied "to all dancing in Snohomish County, including that which was not shown to have the secondary effects of 23 disruptive or illegal conduct" (Finding of Fact 35) do not aid the plaintiff here. The Bellevue ordinance does not sweep so broadly: it applies only to activities in establishments that have widely recognized • 24 secondary effects. Dancing in close proximity to patrons is particularly conducive to those effects. See, ems, O'Day v. King County, 109 Wn.2d at 800 n.1 (describing salacious and illegal conduct during table 25 dances). An ordinance that regulates behavior, and not pure speech, can be overturned only if"the overbreadth is both real and substantial in relation to ordinance's plainly legitimate sweep." Everett v. 26 Heim, 71 Wn.App. at 396 (citing Tacoma v. Luvene, 118 Wn.2d 826, 839-40, 827 P.2d 1374 (1992)). 27 DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-25 WP0267C-Briefs '7 O CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 (206) 455-6829 1 intended to convey the message of eroticism, they should take 2 note of Finding 50 in the Davis decision: 3 50. The table dance and tipping restrictions on erotic dance serve a 4 compelling governmental interest. While the dancer's message may be slightly less 5 effective from six feet and a third person will have to collect the tip, the ability 6 to engage in the protected expression is not significantly impaired. " (Emphasis 7 added. ) 8 This finding of the court in David is consistent with the 9 holding of the 9th circuit in Rev. Inc. v. Kitsap County, 793 10 F. 2d at 1061: "While the dancer's erotic message may be 11 slightly less effective from ten feet, the ability to engage in 12 the protected expression is not significantly impaired. " 13 In the event that the court considers the Davis decision 14 at al, relevant, the court should note that the fundamental 15 problem addressed in Davis was one of definitional vagueness 16 that made enforcement of the ordinance difficult for law 17 enforcement officers and ,uncertain for business owners and 18 adult entertainers. See, Findings 24-27 . Because the 19 Snohomish County ordinance required only "erotic dancing" to be 20 done at a distance removed from the patron (unlike the Bellevue 21 ordinance which requires all dancing in adult premises to be at 22 least four feet from the patrons and requires nude dancing to be, 23 on a raised stage eight feet from the patrons) , the law 24 enforcement officers had to determine on a case-by-case basis 25 whether a given table dance performance constituted adult 26 27 DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-26 �f WP0267C-Briets -] CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 • Bellevue, WA 98009 9012 (206) 455-6829 1 entertainment. 2 Faced with this dilemma, the judge created by judicial 3 construction a specific definition of "erotic dancing" to guide 4 the law enforcement officers. See Finding 27. One of those 5 enforcement criteria happened to focus on the distance between. 6 the entertainer-and the dancer. 7 The court considered dancing that occurs within six inches 7 8 of a patron to be "erotic dancing, " and thus, it must take 9 place on a stage that is six feet away from the patron. Of 10 course, one could query whether this construction substantially 11 aids certainty in enforcement. Any dance occurring 6. 01 inches 12 from a patron is "non-erotic" and may proceed, while a dance 13 5 . 99 inches from the patron is "erotic, " and must be done on a 14 stage six feet removed from a patron. What the judge in Davis 15 really did wasto read into the Snohomish County ordinance a 16 new requirement in an adult entertainment establishment, that 17 no dancing of any type could occur within six inches of a } 18 patron. 19 This type of construction in unnecessary under the 20 Bellevue ordinance. The Bellevue City Council has determined 21 that in an adult entertainment establishment, all dancing must 22 occur at least four feet from the patron. This is a proper 23 legislative choice, even by the findings established in the 24 Davis case relied on by plaintiffs. The Davis case 25 specifically found that the adult entertainment establishments 26 • 27 DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-27 L+O O WP0267C•Briefa CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 (206) 455-6829 - 1 and "similar nightclubs" have and that requiring the erotic - dance performances to be performed on a stage six feet from the 3 patrons had negligible effect upon the message sought to be 4 conveyed. 5 In the same manner, the City's 30 lux minimum illumination 6 standard makes no reference to any kind of performance within 7 the adult cabaret. The standard is aimed at providing 8 sufficient lighting for the cabaret manager (responsible for 9 the conduct) , and the police officers and other City officials 10 charged with enforcement of City regulations, to accurately 11 observe all conduct in the public areas of the establishment. 12 Plaintiffs have not charged that the City is motivated by 1 . 13 the improper desire to censor the content of the dancers' 14 expressions in setting the minimum lighting standard at 30 lux. 15 In fact, •in the briefing supporting plaintiffs Remus, Silva, 161 and Ino Ino, Inc. 's motion for temporary restraining order, the 17 plaintiffs failed completely to offer any argument as to how 18 providing better lighting for enforcement purposes could have a 19 chilling effect when it also has the effect of providing better 20 lighting for viewing of the dancers' performances.6 The 30 lux 2) 1 i 22 6 Plaintiffs have submitted the declaration of Kris Wheeler as an expert on dance and have included in this declaration her opinions regarding the lighting standard employed by the City. Plaintiffs fail to • 23 establish any foundation that Wheeler qualifies as a lighting expert, and do not even attempt to show that she understands the 30 lux lighting standard. Wheeler states that she is, "advised" by plaintiffs' counsel that 24 the lights in the audience area cannot be "dimmed" by the cabaret, and that the dancers need the dimmer lighting to create an "illusion" of sexiness and eroticism. She also implies that the City's lighting standard 25 will impact the effectiveness of the lighting on the stage. These "opinions" are offered without any foundation or basis in fact to the extent that they have anything to do with the effectiveness of the dance, it 26 is higher illumination that conveys the message. (Daniels' Decl., Ex. D) 27 DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-28 N�/ WP0267C-Bric6 60 CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 (206) 455-6829 1 lighting standard is a minimum level. The ordinance contains no - _ 2 prohibition on providing greater illumination for the audience - 3 area when no table dances are being performed, and then dimming 4 the lights to 30 lux during table dancing. Nor does the 5 standard prohibit the use of spotlighting the stage area to 6 provide for greater impact for thedances occurring on stage. 7 Plaintiff Deja Vu claims that certain provisions of the 8 ordinance are not content neutral. Plaintiff is either 9 misreading the plain language of the. ordinance, or is 10 advocating a strained and absurd interpretation. First, 11 plaintiff claims that table dances that are not intended to 12 sexually stimulate are subject to no regulation under the 13 ordinance, citing to BCC 5. 08. 010 (B) (3) , which contains one of 14 the alternative definitions of adult entertainment. This 15 section does not purport to set the regulation of the 16 entertainment, but rather sets forth some criteria for 17 determining whether the entertainment is adult entertainment. 18 This section must be read in connection with BCC 5. 08 . 070 (A) (6) 19 which requires that any performances which do not take place 20 upon the stage must be performed at a distance of four feet 21 from all patrons. That section, which does provide regulation, 22 is content neutral because it does not distinguish between 23 adult and non-adult entertainment. 24 Next, plaintiff claims, that the definitions of adult 25 entertainment are overbroad because they could include a 26 27 DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-29 �.r y7 WP0267C-Bricfs SO .- CITY OF BELLEVUE 11511 Main Street • P.O. Box 90012 • Bellevue, WA 98009 9012 (206) 455-6829 " 1 performance such as one commonly performed by Michael Jackson _ 2 in which he grabs at his crotch. An identical argument was - 3 rejected in upholding a similar statute in Everett v. Heim, 4 supra, 71 Wn. App at 396 97 (Ex. P) . Moreover, plaintiff has 5 ignores the "dramatic works" exception contained in the 6 ordinance at BCC 5. 08 . 070(F) . Mr.. Jackson's crotch-grabbing is 7 an incidental aspect of a musical performance that includes 8 song and dance, the majority of which is not characterized by 9 attributes of adult entertainment. 10 Overbreadth allegations are common in litigation 11 challenging adult entertainment regulation. The Washington 12 Supreme Court has stated that "application of the overbreadth 13 doctrine is strong medicine, however, and should be employed by 14 a court sparingly and only as a last resort. State v. 15 Halstein, citing O'Day v. King County, 109 Wn. 2d 796, 804 16 (1988) (upholding King County's adult entertainment regulation 17 against an overbreadth challenge) . 18 Overbreadth analysis is a multi-step process. The first 19 step is to determine whether the challenged regulation reaches 20 constitutionally protected speech or expression State v. 21 Halstein, 122 Wn.2d at 122, citing Tacoma v. Luvene, 118 Wn. 2d -22 at 840 (1988) . If the answer at this step is yes, the next 23 question is whether the "overbreadth is both real and 24 substantial in relation to the ordinance's plainly legitimate 25 sweep. " Tacoma v. Luvene, 118 Wn.2d at 840, quoting O'Day v. 26 27 DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-30 WP0267C-Briefs .503 CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 1911A1 dF.-RA9Q .. ... - 1 King County, 109 Wn. 2d 796, 804 (1988) . Finally, where an - 2 ordinance regulates behavior and not pure speech, here, the 3 ordinance will not be overturned, even if it is "substantially" 4 overbroad, unless the court is unable to place a sufficiently 5 limiting construction upon it. State v. Halstein, at 123, 6 citing Tacoma v. Luvene, at 834-40. The regulation must, ,if 7 possible, be interpreted in a manner upholding its 8 constitutionality. 9 The purpose of Bellevue's adult cabaret licensing 10 ordinance is to regulate, not ban, the type of entertainment 11 commonly known as "adult entertainment" that results in 12 secondary impacts adversely affecting public health, safety and ; r 13 welfare. This type of entertainment can include. both 14 expressive communication and sexual conduct which falls outside 15 of any constitutional protects for expressive behavior. See, 16 O'Day v. King County, supra, 109 Wn.2d 796, 804 (1988) ; Everett 17 v. Heim, supra, 71 Wn.App. at 396-97 (Exs. Q and P) . 18 Plaintiff Deja Vu claims that the BCC Section 19 5. 08 . 070 (A) (5) and the City's dramatic works exemption do not 20 permit any simulated sexual acts regardless of whether they are 21 part of an expressive, non-obscene performance. This is simply 22 untrue that Bellevue's ordinance allows nonobscene "dramatic 23 works" except sexual conduct as defined in RCW 7.48A. 0102 (b) . 24 7.48A. 010 Definitions. The definitions set forth in this 25 section shall apply throughout this chapter. . . 26 27 • DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-31 �D, WP0267C-Bricfi 4 CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 • Bellevue, WA 98009 9012 (206) 455-6829 1 (2) "Lewd matter" is synonymous with "obscene 2 matter and means any matter: . . . 3 (b) Which explicitly depicts or describes patently offensive 4 representations or descriptions of: 5 (i) Ultimate sexual acts, normal 6 or perverted, actual or simulated; or 7 (ii) Masturbations, fellatio., 8 cunnilingus, bestiality, excretory functions, or lewd 9 exhibition of the genitals or genital area; or 10 (iii) Violent or destructive 11 sexual acts, including but not limited to human or animal 12 mutilation, dismemberment, rape ! t or torture . . . . 13 14 The Bellevue ordinance and the State statute, when read 15 together, prohibit all actual sexual acts, and to prohibit 16 those simulated sexual acts which are obscene or which are not 17 part of a performance dance or exhibition falling within the 18 "dramatic works" exemption. RCW 7. 48A. 010 (1) (b) (1) expressly 19 includes "simulated" ultimate sex acts, but not other simulated 20 conduct. Thus, the "pelvic thrust" (without more) referred to 21 by plaintiff Deja Vu would not be prohibited by this ordinance. 22 The challenged portions of this ordinance are content- 23 neutral, aimed exclusively at preventing adverse secondary 24 effects which are well-documented by the experience of other 25 jurisdictions, the case law' in the state of Washington, and by 26 27 DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-32 �O WP0267C-Briefs CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 (206) 455-6829 1 Bellevue's own experience. (See Officers declarations Exs. 8, 2 E-I) The secondary impacts at issue with the challenged ( 3 separation provisions is the improper and illegal sexual 4 conduct, i.e. , the sexual touching which occurs when the 5 dancers perform in adult cabarets in close proximity to 6 patrons. The secondary impacts related to the minimum lighting 7 standards include the improper and illegal sexual conduct as 8 well as illegal drug transactions, illegal tipping, and acts of 9 prostitution. 10 (ii) The Restrictions are Narrowly Tailored to Serve a Compelling State Interest. 11 12 To constitute a compelling interest, the purpose must be a 13 fundamental one and the legislation must bear a reasonable 14 relation to that purpose. Adult Entertainment v. Pierce Cy. , 15 supra, at 439 , citing Bates v. Little Rock, 361 U.S. 516, 4 16 L.Ed. 2d 480, _ 486-87 ,_ 80 S.Ct. 412 (1960) . However, the 17 necessity for the legislation need not be proven absolutely. 18 Governments have broad latitude in experimenting with possible 19 solutions to problems of vital local concern. Adult 20 Entertainment, supra, at 439, citing Whalen v. Roe, 429 U.S. 21 589, 51 L.Ed.2d 64, 72-73 , 9.7 S.Ct. 869 (1977) . Courts will 22 not substitute their judgment for that of a legislative body 23 regarding the necessity of a law. Adult Entertainment, supra; 24 See also State v. Smith, 93 Wn.2d- 329, 339, 610 P. 2d 869, cert. 25 denied, 449 U.S. 873 (1980) . 26 27 DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-33 5o WP0267C-Briefs to CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 (206) 455-6829 1 Plaintiffs deride the City's record regarding the need for 2 this legislation. Plaintiffs have submit the declaration of 3 Bruce McLaughlin, a land use planner who claims expertise in 4 the area of secondary impacts. McLaughlin's declaration 5 reveals that the plaintiffs have failed to even present him 6 with the full record developed by the City. The City has been 7 legislating in this field since at least 1984 . In 1988, the 8 Bellevue Planning Commission held public hearings and compiled 9 an extensive record related to adult-oriented businesses and 10 their impacts upon a community. In addition, as noted by 11 McLaughlin, the City's record included memoranda submitted by 12 the Police Department regarding a survey of other jurisdictions 13 as well as a narrative from an undercover Pierce County 14 detective outlining extensive and continuous criminal activity 15 at the "Foxes" club in Pierce County.. The City Council was 16 also aware of the experiences of other jurisdictions based upon 17 case law which has developed in Washington regarding this 18 issue. Most important is one factor which plaintiffs and their 19 "expert" have completely ignored, the City's own experiences 20 over the past two months with two establishments which have 21 provided adult entertainment. 22 Contrary to Mr. McLaughlin's claims, the City has 23 experienced a marked increase in police activity and related 24 costs based upon its undercover work in monitoring the 25 activities in these clubs. (See Officers' declarations, Exs. 26 27 DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-34 n WP0267C-Brie(, •/ CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 (206) 455-6829 1 B; E-i) . The types of violations most often noted are improper 2 and illegal physical contact between the dancers and the . 3 patrons. Id. In addition, within the past two months that 4 these clubs have been operating, the City has had calls related 5 to illegal alcohol consumption, assault, and trespass, all 6 related to the operation of the clubs.? Id. 7 It is beyond debate at this point that cities have a g substantial and compelling interest under their police power to 9 prevent public sexual conduct. Ellwest Stereo Theatres, Inc. 10 . v. Wenner, 681 F.2d 1243 (9th Cir. 1982) . Evidence contained 11 in the City's records from past hearings, materials considered 12 in connection with the 1994 amendments to the ordinance and the t 13 City's own recent experience amply demonstrate that the City 14 has a compelling interest in preventing public sexual conduct. 15 (iii) The Restrictions Leave Ample Alternative Channels of 16 Communication Open to Plaintiffs. 17 Courts are unwilling to consider the impact of separation 18 requirements upon the dancers' expression as anything more than 19 "minimal" if there is any impact at all. See, e.g. , O'Day v. 20 King Cy, 109 Wn. 2d 796, 809-810, 749 P. 2d 142 (1988) ; (Ex. Q) 23 7 It is not necessary, as Mr, McLaughlin suggests, that the City show that adult clubs require more 22 responses to calls for police assistance to justify the enactment of these regulations. The City agrees with 23 McLaughlin's statement that police are not frequently called to these establishments and that the clubs often guard against activities that might draw police attention to them. See Declaration of James P. Covey. 24 However, the most frequent violations--those of illegal sexual contact between dancers and patrons—are not violations which will give rise to calls for police assistance. This kind of conduct does require extensive 25 use of undercover operations to detect and document. By employing minimum lighting standards and physical separation of the dancers and the patrons during performances the City can better detect violations 26 . and deter some of the illegal conduct by preventing the contact altogether. 27 • DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSmON TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-35 �D WP0267C-Brice CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 (206) 455-6829 1 Bolser v. State Liquor Control Bd. , 90 Wn. 2d 223 , 580 P. 2d 629 2 (1978) ; BSA v. King Cv, 804 F.2d 1104 (9th Cir. 1986) ; and Key, 3 Inc. v. Kitsap Cv, 793 F. 2d 1053 (9th Cir. 1986) . 4 Plaintiffs have submitted completely speculative 5 declarations of an accountant, a dance "expert" and a manager 6 who is a former erotic dancer to support their claim that the 7 their "expression" will be so affected as to drive customers 8 away if the table dances are performed at a distance of four 9 feet from the patrons and at a minimum lighting level of 30 10 lux. The plaintiffs' arguments have been rejected time and 11 again by courts in dealing with 6 to 10 foot distance 12 requirements for stage dancing. These speculative declarations 13 are disputed by the City's expert, Kathryn Daniels. As Ms. 14 Daniels explains, the premises of plaintiffs' declarations are 15 internally contradictory and defy logic. First, plaintiffs 16 complain that the lighting level--a subject on which they have 17 made no effort to seek an expert opinion, nor any effort to 18 quantify why they consider the City's standard to be 19 unreasonable--will adversely impact the stage dancing because 20 it is too low a level to adequately spotlight the stage, and 21 then they complain that the level is too high for the floor 22 dancing because the dancers rely on "illusion" to create an 23 erotic connection between themselves and the patron for whom 24 25 • 26 27 • DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-36 O Q WP0267C-Briefs J _I CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 (206) 455-6829 -- 1 they are dancing.8 Plaintiffs also complain that by separating 2 them from the patrons by four feet, the City has made it more 3 difficult for them to convey their complete, erotic message. 4 However, establishing a minimum four-foot distance will allow 5 the patron to see all of the dancer's body and movements, 6 including facial expressions, rather than the limited portion 7 which can be seen if the dancer is standing virtually on top of 8 the patron. (Daniles' Decl. Ex. D) A dancer worthy of her 9 craft can create a connection between herself and individual 10 audience members from a distance substantially greater than 11 four feet. Id. 12 (iii) The imposition of a four foot 1 rule and a minimum lighting 13 level are the least restrictive means to deter and detect illegal 14 conduct. 15 Even assuming, arguendo, that the City were be •required to 16 meet the "least restrictive means" test for imposition of the 17 distance and lighting requirements, the City can meet this 18 burden. Minimum separation requirements are imposed to prevent 19 illegal sexual conduct. The most common violations in these 20 clubs is sexual conduct. It is clear, therefore, that these 21 minimal (i.e. , less than arm's length) separation requirements 22 and no touching rules do not adequately address the compelling 23 24 8 The one-foot distance suggested by Deja Vu would require the dancers to perform in such proximity 25 to the patron that any 'illusion" would be totally lost, and that any 'expression" would be lost on the patron who could only see part of the dancer's torso—that which was directly in front of his eyes. (Daniels Decl., 26 Ex."D) 27 DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSmON TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-37 57 Q WP0267C-Briefs CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 (206) 455-6829 • 1 issue of unlawful sexual conduct. Rather than banning table 2 dancing, the City chose instead to employ the least restrictive r _ 3 means of preventing contact between dancers and patrons: 4 simply remove the dancer to beyond arm's reach of the patron 5 and the illegal conduct cannot occur, yet the dance may still 6 be performed. Likewise, rather than banning the table dancing 7 entirely, the City chose to employ a minimum standaj which 8 permits the manager to perform the required monitoring of 9 conduct and permits police officers to identify individuals 10 committing violation. 11 The plaintiffs have submitted no evidence to effectively 12 rebut the expert declarations of the City's lighting and dance 13 experts that these time, place, and manner regulations are 14 anything but the least restrictive means of combatting criminal 15 conduct. 16 D. The City's Licensing Requirements Are Valid and Constitutional Requirements. 17 (i) The standards for denial of a license 18 application are clear, capable of definition, and contained within the 19 terms of the ordinance. 20 The Papagoyos plaintiffs (Remus, Silva, and Ino Ino, Inc. ) 21 claim that the City's standards for denying a license are 22 nonexistent. This claim is false. The standards for denial 23 are contained within the ordinance and are susceptible to 24 application by the Clerk in determining whether a license 25 should be denied. The requirements of the chapter are included - 26 27 • DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-38 / WP0267C-Brick CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 (206) 455-6829 1 in BCC 5. 08 .030 with respect to the classes of persons eligible 2 for a license; and BCC 5. 08.040 with respect to the application -3 materials. There is nothing ambiguous or vague about these 4 standards. 5 The ordinance does not give the Clerk unfettered 6 discretion in denying licenses. The Clerk must issue a license 7 unless the Clerk determines that the applicant has submitted 8 false, misleading or fraudulent information related to a 9 material fact, or if the Clerk has determined that the 10 applicant has failed to meet any of the requirements of the 11 chapter. BCC 5. 08 . 040 (B) (9) . 12 Plaintiffs challenge BCC 5. 08.040 (B) (8) as vague because 13 it does not identify the "applicable laws" the Clerk must apply 14 in determining whether the license should be denied. Although 15 plaintiffs cite this section correctly, they highlight only one 16 portion of the section, omitting the clear language defining 17 the "applicable laws" are.9 This section requires that the 18 19 9 BCC 5.08.040(B)(8) provides: Upon receipt of the complete application and fee, the clerk shall 20 provide copies to the police, fire, and community development departments for their investigation and review to determine compliance of the proposed adult cabaret with the laws and regulations which each 21 department administers. Each department shall, within thirty days of the date of such application, inspect the application and premises and shall make a written report to the clerk whether such application and 22 premises complies with the laws administered by each department. No license may be issued unless each department reports that the application and premises comply with the relevant laws. In the event the 23 premises is not yet constructed, the departments shall base their recommendation as to premises compliance on their review of the drawings submitted in the application. Any adult cabaret license approved prior to premises construction shall contain a condition that the premises may not open for business until the 24 premises have been inspected and determined to be in substantial conformance with the drawings submitted 25 with the application. A department shall recommend denial of a license under this subsection if it finds that the proposed adult cabaret is not in conformance with the requirements of this chapter or other law in effect 26 in the city. A recommendation for denial shall cite the specific reason therefore, including applicable laws. 27 DEFENDANTS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-39 �/�in WP0267C-Briefs J - CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 (206) 455-6829 - 1 Clerk provide a copy of the complete application to three City - 2 departments to determine whether the application complies with 3' the laws which those departments are required to administer. 4 The departments are identified clearly, and the laws which they 5 administer are a matter of public knowledge. For example, the 6 Fire Department reviews building plans as a regular part of its 7 function to determine whether the plans conform to the 8 requirements of the fire code. Likewise, the building 9 department also reviews building plans to determine whether 10 they comply with building codes, including plumbing and 11 electrical codes.10 The police department reviews the 12 application for the "background" check, a function which police 13 departments routinely perform to ascertain any criminal 14 history, of the applicant. (See BCC 5. 08 . 040 (A) . ) These 15 subsections of the ordinance provide ample guidance to the 16 Clerk for making a determination as to the conformance of the 17 application to the City's requirements under this chapter. 18 Finally, BCC 5. 08 . 040 (B) (9) and (C) (3) requires the Clerk to 19 put in writing the basis for any denial decision and to specify 20 and cite to the applicable law that supports the denial. These 21 subsections of the ordinance provide ample guidance to the 22 Clerk for making a determination as to the conformance of the 23 application to the City's requirements under this chapter. 24 25 to In addition, 5.08.040(B)(1)(k) (B)( )(k) requires that the plans submitted with a cabaret license application 26 conform to the applicable premises specification requirements contained in BCC 5.08.070. 27 DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-40 �� WP0267C-B icfs CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 (206) 455-6829 -- 1 (ii) The disclosure requirements for license applications are rationally - 2 and substantially related to the City's legitimate need to allocate -3 resources for enforcement purposes and other police powers. 4 Plaintiffs the Papagayos (Remus, Silva, and Ino Ino, Inc. ) 5 also challenge certain portions of the City's licensing 6 provisions, specifically, the requirements for certain types of 7 information. The plaintiffs seek to restrain the City from 8 obtaining certain information, alleging it is not related to 9 the applicants' qualifications to obtain a license. 10 Specifically, plaintiffs challenge subsection 5. 08. 040 (B) (1) (b) 11 (whether a general partnership or corporation is in good 12 i r standing with the State) ; subsection . 040 (B) (1) (c) and (d) 13 (whether applicant has any interest in other adult oriented 14 businesses, and if so, whether that license has ever been 15 suspended or revoked) ; and subsection . 040 (B) (1) (e) (disclosure 16 of prior criminal convictions or forfeitures within the five 17 years immediately preceding the application) . 18 These categories of information are important to the 19 City's important interest in protecting public health, safety 20 and welfare and have minimal, if any, impact upon 21 constitutionally protected interests of the plaintiffs." 22 . Plaintiffs' citation to cases such as N.A.A.C.P. v. Alabama, 23 357 U. S. 449, 2 L.Ed. 1488, 78 S.Ct. 1163 (1958) is inapposite. 24 25 II Plaintiffs do not explain, for example, how disclosure of the requested information,which is all p 26 • u blic information, can invade their rights to privacy. • 27 DEFENDANTS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-41 /, WP0267C-Brief, g • CITY OF BELLEVUE 11511.Main Street P.O. Box 90012 Bellevue, WA 98009 9012 (206) 455-6829 1 In N.A.A. C.P. v. Alabama, the U. S. Supreme Court set forth a 2 strict standard on disclosure requirements due to concern about 3 the chilling effects on individuals and groups involved in the 4 advocacy of unpopular political ideas. This strict standard 5 does not apply to an association of individuals engaged in 6 profit-making activity where the speech activities at issue are 7 a "type of expression[which) is of a wholly different, and 8 lessor magnitude, than the interest in untrammeled political 9 debate, " such as sexually explicit expression. Ellwest Stereo 10 Theater, Inc. v. Boner, 718 F.Supp. 1553, 1567 (M.D. Tenn. 1989) 11 citing Young v. American Mini-Theaters, 427 U.S. 50, 70, 49 12 L. Ed. 2d 310, 96 S.Ct. 2440 (1976) . S 13 Even the cases cited by the plaintiffs support the type of 14 disclosure requirements imposed by the City. Plaintiff cited 15 TK's Video, Inc. v. Denton County, 24 F.3d 705 (5th Cir. 1994) 16 for the proposition that an existing business must be allowed 17 to operate while its license application is pending. But that 18 Icase deals at length with the legitimacy of extensive 19 disclosure requirements concerning the applicant for an adult 20 entertainment license. With the exception of a portion of the 21 .regulation regarding the status of an existing business during 22 the pendency of a license review, the Fifth Circuit upheld 23 Denton County's licensing requirements for disclosure of 24 personal information concerning the applicant. In doing so, 25 the court distinguished Genusa v. City of Peoria, 619 F.2d 1203 26 27 • DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-42 WP0267C-Briefs CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 IntC1 Arr Cn' 1 (7th Cir. 1980) in which the court invalidated required - _2 disclosure of past aliases, criminal convictions, and ordinance 3 violations because these disclosures were unrelated to the 4 City's stated goal of preventing excessive concentration of 5 adult businesses: 6 Genusa and Acorn are not apposite. The • Denton County order outlines the ambitious 7 agenda of curtailing negative side effects not simply of clusters of adult businesses, 8 but of each adult business. Disclosure of owner and employee personal history might 9 not be tailored to locating adult businesses, but it does monitor persons 10 with a history of regulatory violations or sexual misconduct who would manage or work 11 in them. These histories are plainly correlated with the side effects that can 12 attend these businesses, the regulation of which was the legitimate objective. In 13 more legalistic and abstract terms, ends and means are substantially related. 14 TK's Video, Inc. , 24 F. 3d at 710. 15 Obtaining information about criminal history of the 16 applicants within a five year period preceding the application 17 was also upheld in T-Mark, Inc. v. Pinellas County, 804 F. Supp. 18 1500 (MD. 1992) because this information could "substantially 19 further the County's interest in preventing crime at [adult 20 entertainment businesses] by facilitating the allocation of law 21 enforcement resources to areas in which they are most needed. " 22 Id. at 1505. 23 Disclosure of criminal history is relevant to the City's 24 legitimate interest in the health, safety and welfare of the 25 public, disclosure requirements have been upheld repeatedly, 26 - • • 27 • DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-43 WP0267C-Briefs CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 (2061 455-6829 1 even if evidence of criminal convictions is not a basis for - 2 license denial. Concerning this issue, a federal district 3 court in Florida stated: 4 [T]his information would be irrelevant to the initial decision of whether to issue 5 the license. However, there are legitimate reasons, unrelated to the suppression of 6 first amendment rights, for seeking • information about prior criminal 7 misconduct. As with any other business, • the City has a bona fide interest in the 8 safe and lawful operation of the businesses licensed under the Code. A license 9 applicant's criminal record could substantially further this interest through 10 facilitating the direction of law enforcement efforts to those areas in which 11 they are most needed. 12 Bayside Enterprises, . Inc. v. Carson, 470 F. Supp. 1140 (M.D. 1 13 Fla. 1979) . Even in the Spokane Arcade, Inc. and Worldwide 14 Video v. City of Spokane, (attached to plaintiffs' motion) , 15 where the criminal conviction for sexually related crime would 16 have resulted in license denial, the court was concerned only 17 that this disqualification provision had no time limit as to 18 how long ago the criminal conviction may have occurred. 19 The applicant's employment history, corporate or 20 partnership identity, and background in operating other adult 21 businesses are all important to the City's needs in properly 22 regulating adult entertainment. A general association between 23 criminal activity and adult entertainment businesses is well- 24 established. See e.q. California v. LaRue, 409 U.S. 109, 34 25 L.Ed.2d 342, 93 S.Ct. 390 (1972) . Information concerning the 26 27 DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-44 %V2 WP17267C-Brief CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 (206) 455-6829 1 identity and background of the individuals and entities 2 responsible for operation of adult entertainment businesses in 3 the City of Bellevue is substantially related to the City's 4 important responsibilities for protection of public health, 5 safety, and welfare. 6 C. Defendant Can Demonstrate Actual Invasion, and therefore Actual Injury. 7 Unless the temporary restraining order requested by the 8 City is issued and the order sought by plaintiffs is denied, 9 the City of Bellevue has ample evidence to believe that 10 plaintiffs will continue to commit violations of the City's 11 licensing ordinance. Plaintiff Papagayos has been notified of 12 i violations at its establishment by letters from the City's 13 Licensing Clerk. Yet it continues its violations unabated. In 14 the case of the lighting minimum, has deliberately lowered the 15 lighting level so as to make it impossible for the City to 16 enforce the ordinance. The violations of plaintiffs constitute 17 an ongoing breach of the public peace, health, and welfare. 18 D. Continuation of Plaintiffs' Illegal Acts 19 Will Result in Actual and Substantial Injury to Defendant and the Public. 20 Plaintiffs' continued operation of Papagayos in violation 21 of the City's licensing ordinance will result in the 22 degradation of the quality of life in the area surrounding 23 Papagayos, by attracting additional negative secondary effects 24 to those documented by the City's witnesses. . (Exs. B(1) -(3) ; 25 E-I) . Also, public health, safety, and welfare both within the 26 . 27 DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO, 28 MA-MIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-45 • Zit WP0267C-Briefs v 1 O CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 (206) 455-6829 1 club and the larger community will be jeopardized by continued - 2 operation of Papagayos in violation of the licensing ordinance, 3 and particularly the standards of conduct. Permitting 4 plaintiffs to continue these violations will undermine the 5 City's legitimate police powers. These injuries to the City 6 and the residents of the Overlake area are actual and 7 substantial and will only increase if plaintiffs are not 8 required to operate their adult cabaret within the confines of 9 the City's valid regulations. 10 VI. POSTING OF BOND 11 Bellevue, as a municipality, is not required to post a 12 bond pursuant to CR 65 and RE 7. 40. 13 VII. CONCLUSION 14 Based on the foregoing reasons, the City respectfully 15 requests that the Court grant the injunctive relief requested 16 by the City and deny the injunctive relief requested by the 17 plaintiffs. 18 DATED this 23nd day of February, 1995. 19 RICHARD L. ANDREWS CITY ATTORNEY 20 21 By Ark_ ) C't C�22 Lori Molander Riordan Assistant City Attorney 23 WSBA No. 16386 Attorneys for Defendant ' 24 City of Bellevue 25 26 27 DEFENDANT'S'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER AND OPPOSITION TO 28 PLAINTIFFS'MOTION FOR ORDER TO SHOW CAUSE AND FOR TEMPORARY RESTRAINING ORDER-46 S rG� WP0267C-Brith CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 12061 455-6829 . • : t --1 - 2 3 IN THE SUPERIOR COURT OF WASHINGTON FOR KING COUNTY 4 5 ) INO INO, INC., a Washington corporation, ) ' 6 6 Plaintiff, . - ) No..95-2-02025-9 ) 8 v. ) I ) CITY OF BELLEVUE ), 9 ) 10 Defendant. ) ) 11 . ) DEJA-VU, INC. OF BELLEVUE, ) 12 ) No. 94-2-22796-3 13 i Plaintiff, ) '` _ 14 v. ) 15 I ) ;. CITY OF BELLEVUE, ) 16 ) Defendant. ) 17 ) 18 i RONDA REMUS, ESMERALDA SILVA, and ) ) No. 94-2-27797-9 19 I OTHERS SIMILARLY SITUATED, 20 I ) DECLARATION OF LORI A Plaintiffs, MOLANDER RIORDAN 21 ) IN SUPPORT OF v. ) MOTION FOR TRO•AND 22 ) IN OPPOSITION TO CITY OF BELLEVUE, ) PLAINTIFFS' MOTION 23 24 Defendant. ) FOR TRO 25 ) . LORI MOLANDER RIORDAN being over the age of 18 years declares and certifies that 26 . ,27 DECLARATION OF LORI MOLANDER RIORDAN IN SUPPORT OF MOTION FOR TRO AND IN. .8 OPPOSITION TO PLAINTIFFS'MOTION FOR TRO - Page 1 'EXHIBI � = Szd :�. zip tv-ig CITY• ,,t' v �,' OF BELLEVUE C' ? • it4111511 Main Street I ��-��i. :rttil,�; {y P.O. Box 90012 r.,;•^^� Bellevue, WA 98009 9012 1 the following declaration is made under penalty of perjury under the laws of the state of 2 3 Washington and that the facts stated therein are true and correct. 4 1. I am an assistant City Attorney for the City of Bellevue assigned to represent the • 5 City in the above-captioned matters. I make this declaration based upon personal knowledge. • 6 2. During the summer and early autumn of 1994, I had several telephone 7 conversations with Jack Burns, attorney for Deja Vu regarding proposed amendments to the 8 City's existing adult cabaret licensing ordinance. Mr. Burns was supplied with copies of the 9 10 various drafts of the City's proposed changes to the ordinance and in return supplied the City 11 with his comments as well as copies of case law which Mr. Burns believed to be relevant to 12 issues he raised regarding the proposed changes. On one occasion Mr. Burns came to the City -, 13 Attorney's Office and discussed his objections to the City's proposed ordinance with Richard 14 Andrews, the City Attorney and Richard Gidley, the Deputy City Attorney. 15 16 A. Attached hereto as Exhibit A is a true and correct copy of the City's 17 original cabaret license ordinance, Ordinance No. 4602, passed by the City Council in 18 November, 1993. 19 B. Attached hereto as Exhibit B is a true and correct copy of the City's most 20 recent amending ordinance to its adult cabaret licensing provisions, Ordinance No. 4735. 21 C. Attached hereto.as Exhibit C is a true and correct copy of the Bellevue 22 23 City Code Chapter 5.08, "Cabaret Licenses" which is effective as of today's date, February 22, 24 1995. 25 D. Attached hereto as Exhibit D is a true and correct copy of the Findings, 26 27 DECLARATION OF LORI MOLANDER RIORDAN IN SUPPORT OF MOTION FOR TRO AND IN 28 OPPOSITION TO PLAINTIFFS'MOTION FOR TRO - Page 2 5 21 CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 i _.- Bellevue. WA 98009 9012 1 _ 2 Conclusions and Order of Contempt entered by the Honorable Charles V. Johnson on February - S 8, 1995. 4 Dated this O'o2 day of February, 1995. 51 6 0 • 7 O� n.; 8 Lori Molander Riordan • 10 11 12 - } 13 14 15 16 17 18 19 • 20 21 • 22 23 24 25 26 27 DECLARATION OF LORI MOLANDER RIORDAN IN SUPPORT OF MOTION FOR TRO AND IN 28 • OPPOSITION TO PLAINTIFFS'MOTION FOR TRO - Page 3 5 V2- CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 • Bellevue, WA 98009 9012 . • I . RETURN COPY 1 3 _ DEC 2 0 1994 • V '4 E AFA E p ft. . GILBERj . t • am 5 BULLI! i (t 'A.;.s_...ii`:::HAti./ 6 - , IN THE SUPERIOR COURT OF WASHINGTON FOR KING COUNTY 7 8 THE CITY OF BELLEVUE, ) 9 Plaintiff, ) • ) 10 v. ) DECLARATION OF JONATHAN HOFFMAN IN FACTORIA CENTER INVESTMENTS, ) SUPPORT OF MOTION 11 INC. , ' d/b/a/ "BABES ALCOHOL FREE ) FOR TEMPORARY PERFORMING ARTS CENTER; JOHN G. ) RESTRAINING ORDER 12 ZAHRAN, and DAVID C. EBERT, ---'' AND ORDER TO SHOW '�� . 13 • ) CAUSE Defendants. ) 14 ) --C r. 15 I, Jonathan Hoffman, declare as follows: 16 1. I am over the age of 18 g years, and I am competent to 17 testify to the information in this declaration based on personal knowledge. 18 2 . I am employed by the Bellevue Police Department a: B 19 patrol officer. 20 3 . On December 13, 1994, I was assigned to Babe's Dance C in an undercover capacity. 21 4 . After arrivingat the club,, I paid the cover charge 22 purchased a coke for $5. 00. ' • 5 . I was approached by a dancer who identified herself 23 "Shannon" . . She asked if I wanted a table dance. I said yes, 24 and she proceeded to dance .with her face about 1/2 an inch from mine,. and moved her thighs against me legs. 25 • 6. "Shannon" next asked if I wanted a slow dance. When I 26 said yes, we moved to a darkened dance floor. She-began to dance with me and pressed her hips against me groin area. She ,7 said I could touch her "back and butt". • -- 28 �j/,,lC� DECLARATION OF JONATHAN HOFFMAN IN SUPPOR t { "W r OF MOTION FOR TEMPORARY RESTRAINING ORDER zAEXHiBIT AND ORDER TO SHOW CAUSE - Page 1 r OF BELLEVUE • 3_ anB(Vybdrow �,. 1 Main Street i 1 1Al A nnnnn nn.n • • 7 . I was. next approached by "Holly" who asked if I wanted a 2 slow dance. I said yes, and asked what I would get for the $20. 00 dance. "Holly" said I could touch her butt, back, legs 3 and "my boob if no one is looking" . I then danced with Holly . and paid her $20. 00. I then left the dance club. 4 I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS 5 TRUE AND CORRECT. SIGNED AT BELLEVUE, WASHINGTON, THIS ,97-41 DAY OF DECEMBER, 1994. 7 � e''�-{'s -( C. 6 _- FICER JONAyHN HOFFMAN 8 9 10 11 12 - s 13 14 15 16 17 18 19 • 20 21 • 22 • 23 24 • . 25 26 . 27 28 51 DECLARATION OF JONATHAN HOFFMAN IN SUPPORT OF MOTION FOR TEMPORARY RESTRAINING ORDER CITY OF BELLEVUE AND ORDER TO SHOW CAUSE - Page 2 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 - 1 RETURN URN COPY 2 .. REC . ,...V '� 3 • L, :, � � _ - -- DEC•2 0 1994 f1 90 • 4 4�r• �. nc a"L� _ L:.� . . ,._ . G1L$EcT H. L�'IY • 6 . p;0 D=r.i . ;r, '. .,,a , BULL!!II -& ;ri;,...:i .i .riAW 7 IN THE SUPERIOR COURT OF WASHINGTON FOR KING COUNTY 8 ) 9 THE CITY OF BELLEVUE, ) - 9.41621cla 4 ) 10 Plaintiff, 32 Si • ) " . SUPPLEMENTAL • 11 v. ) DECLARATION OF JONATHAN HOFFMAN IN 12 FACTORIA CENTER INVESTMENTS, ) SUPPORT OF MOTION _"' INC. , d/b/a/ "BABES ALCOHOL FREE ) FOR TEMPORARY 13 PERFORMING ARTS CENTER; JOHN G. ) RESTRAINING ORDER ZAHRAN, and DAVID C. EBERT, ) AND ORDER TO SHOW 14 � ) CAUSE Defendants. • ) 15 . ) 16 , I, Jonathan Hoffman, declare as follows: 17 1. I am over the age of 18 years, and I am competent to 18 testify to the information in this declaration based on personal knowledge. 19 2 . I am employed by the Bellevue Police Department as a 20 patrol officer. 21 3. On December 19, 1994 , I was assigned to Babe's Dance Club in an undercover capacity. 22 . 4 : After arriving at the club, I paid the cover charge and 23 purchased a coke for $5. 00. • 24 5. One dancer was performing on stage. She started out wearing a very tight, tank-top style dress which she removed 25 during the dance exposing a bra and bikini-type underwear beneath. After she was finished dancing onstage, _she came 26 down to the dance floor and approached a patron seated about ,) 27 20 feet from me. • 28 5lo(if SUPPLEMENTAL DECLARATION OF JONATHAN H ;.!,� p(HIBIT.� 1' IN SUPPORT OF MOTION FOR TEMPORARY RES zf �*` n�;.-'.- . ..:�,�`••`••=`="..,, ��- �. x Y OF BELLEVUE ORDER AND ORDER TO SHOW CAUSE•- Page i •• 't' 9 '"'"�" B(2,) •i •��,' ,: 11511 Main Street r ~` '�.,'4+�; ;k P.O. Box 90012 _._, :-- - A „„.... urn oonnn nni • 6. She performed a "table dance" for him during which she 2 often placed her hands on the patron's thighs, and once put her foot on the back of his seat and moved her inner thigh to 3 the patron's face. I observed her rubbing her thigh rapidly , against the patron's groin several times. 4 • 7. I was then approached at my table by another dancer who 5 told me her name was "Macy." She asked me to dance and led me to a very dark dance floor. She was wearing a pair of cutoff 6 blue jeans, and a red checked top which exposed her midriff. Before beginning our dance she removed the cutoffs and put on 7 a sheer, waist-length "coverup. " 8 8 . A. few minutes into the dance she lifted her top exposing her beasts and continued her dancing. I asked her what the 9 rules were and she said, "I'll let you know if you break one. " Several times during the dance she rubbed her hips rapidly 10 against my groin area. When the dance was over, I paid her $20. 00 *and sat down. 11 9 . I was then approached by another dancer. She was wearing 12 a tank dress that came to the tops of her thighs. She told me - > her name was "Whisper, " and asked me to dance. 13 10 . I. followed her to the dance floor where she put on a 14 "coverup. " She asked me if I "Just wanted a twenty?" I asked if there were other dances, and she said, "Well. . .not really. ". 15 I asked what the rules were and, she said, "Just follow my lead. " As we danced, she grabbed my right hand and placed it 16 on her breast. • When the dance was over I paid her $20. 00 and sat down. 17 18 I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. SIGNED AT BELLEVUE, WASHINGTON, , THIS 2orN 19 DAY OF DECEMBER, 1994. • 20 • 21 • FFICER JON HAN HOFFMAN 22 • 23 • 24 25 26 27 • 28 5147 SUPPLEMENTAL DECLARATION OF JONATHAN HOFFMAN IN SUPPORT OF MOTION FOR TEMPORARY RESTRAINING CITY OF BELLEVUE ORDER AND ORDER TO SHOW CAUSE - Page 2 11511 Main Street P.O. Box 90012 - T ,-0 �"- 44 RETURN COPY "03 - j • . ur. y • i _ ...t!, ; Op p 0 1994 RE:C .Zi. 2 '`=r. ,. _ �yo DEC 2. 0 1994 3 r E � '� ^:;`: '':J' GILBEHI ri. LL.Y_..r , r/ 4 SUPERIOR_COURT-OF"WASHINGTONi�FOR KING COUNTY 5 L ,: ,• i. a II�'%.r� 1I.w. +1 THE CITY OF BELLEVUE, ) 6 o__2 ti O :324) No. 7 Plaintiff, ) .1 rr- = ,'. 2 p I i 11: ('' v• B!J E:I 'u _..;;.) �.=::DECLARATION OF 8 ) TIMOTHY N. THIBERT FACTORIA CENTER INVESTMENTS, ) IN SUPPORT OF 9 INC. , d/b/a/ "BABES ALCOHOL FREE ) ' MOTION FOR . . PERFORMING ARTS CENTER; JOHN G. ) TEMPORARY 10 ZAHRAN, and DAVID C. EBERT, ) RESTRAINING ORDER 11 ) AND ORDER TO SHOW Defendants. ) CAUSE )12 . 13 I, Timothy N. Thibert, declare as follows: 1. I am over the age of 18 years, and I am competent to 14 testify to the information in this declaration based on 15 personal knowledge. 16 2 . I 'am employed by the Bellevue Police Department as a patrol officer. 17 3 . On December 14, 1994, I was assigned to Babe's Dance Club 18 in an undercover capacity. Upon my arrival, I paid the cover charge and purchased a drink. 19 4 . I was approached by a dancer who identified herself as 20 "Whisper" . She asked me if I wanted. to dance and I accepted. She then led me to a darkened dance floor. 21 5 . I purchased a $20.00 dance. "Whisper" began to move her 22 crotch into my leg, and then rubbed her crotch against my genital area. She rubbed my buttocks and encouraged me to 23 kiss her neck. 24 6. At the end of the dance, she asked me if I wanted to dance again. I accepted, and asked her what another $20.00 would 25 purchase. She said that the performance would get better, and be "like sex" . "Whisper" positioned me against a railing and 26 rubbed my genitals with her hand. She then positioned her buttocks against my groin, and took my hands and placed them 27 on her breasts. She continued to rub my genitals during the (" dance. 28 5lDg DECLARATION OF TIMOTHY N. THIBERT IN SU , ., Yi EXHIBIT •�la•`, OF MOTION FOR TEMPORARY RESTRAINING ORD 1,:.77M.. 4 -•:; Y OF BELLEVUE ORDER TO SHOW CAUSE - PAGE 1 r;,,�; (3) JA.04.1X44 11511 Main Street r:1>vt '.t"' 1 `'r'' : P.O. Box 90012 • „ k vue. WA 98009 9012 . • - 7. I paid her a total of $50. 00 for three dances. 2 8 . On December 17, 1994, I was again assigned to Babe's 3 Dance Club in an undercover capacity. After paying the cover charge I sat down at a table and purchased a drink. 4 9 . I watched one dancer, "Mikel" perform a dance upon one of 5 the two stages during which she laid upon the stage in spread- eagle fashion and fondled her breasts and genitals through her 6 , clothing in a manner to simulate masturbation. 7 10. After "Mikel" performed on stage she approached me at my table and asked me if I was ready to dance with her. We went '8 to the extremely darkened dance floor and as we danced she pressed her crotch firmly against my upper thigh and groin. 9 11. As the dance was ending I asked her if this was a $10. 00 10 dance. She laughed and told me all slow dances on the floor were $20. 00. 11 12 . She asked me if. I wanted another 'dance and suggested I 12 buy a $30. 00 dance, as it was "much better. " I agreed to --� dance with her once again. She guided me to the corner of the 13 dance floor that was mostly obstructed from the main club- lounge area. She placed her hand directly onto my pants over 14 my groin. She massaged my groin and grabbed my penis in an• -` attempt to manually stimulate me. I moved away from her and 15 she then• began to rub her breasts up toward my face. She then turned her back to the wall and placed my hand on her 16 buttocks. She pressed her crotch against my leg and continued to attempt to masturbate me through my pants. 17 13 . When the song ended she asked if I wanted an additional 18 $30 . 00 dance. I asked if she would be willing to give me a $30. 00 for $20.00 and asked if she would give me "the works. " 19 She agreed, saying it was a slow night. 20 14 . She again placed her had on my genitals and pressed her crotch into my upper thigh. Then, she climbed up my legs and 21 placed her breasts in front of my face, and pushed them into my face, around my mouth. She continued to vigorously massage 22 my penis. I asked her if she ever encountered an undesirable patron, and asked what she would' do. She said she can stop 23 the dance when she wants to, but that was not the case with me. 24 /// 25 /// /// 26 27 28 ,5t!O9 DECLARATION OF TIMOTHY N. THIBERT IN SUPPORT OF MOTION FOR TEMPORARY RESTRAINING ORDER AND CITY OF BELLEVUE ORDER TO SHOW CAUSE - PAGE 2 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 MnaN ACC_Rt ,0 ' 1 • 2 15. When the song was over we stopped dancing. I paid her a 3 total of $70. 00 for the dances. 4 5 I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. SIGNED AT BELLEVUE, W /TOI—ic! DAY 6 OF DECEMBER, 1994. 7 . 141 � - 8 OFFICER TIMOTHY N. THIBERT 9 . • 10 11 12 -r 13 14 • 15 16 17 18 19 20 21 22 • 23 24 25 26 27 \\ 28 _ 5170 DECLARATION OF TIMOTHY N. THIBERT IN SUPPORT OF MOTION FOR TEMPORARY RESTRAINING ORDER AND CITY OF BELLEVUE ORDER TO SHOW CAUSE - PAGE 3 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 r')nm ecc.RR2a C........".----.------:„..,toogiVa,,,31�� RN COPY ' 1 0 192 ,Cl3 l °ut � 'IN THE SUPERIOR COURT OFE OF.;,WASHINGTON 4 IN AND FOR THE COUNTY OF KING '' 4 : • 5 THE CITY OF BELLEVUE, ) ) . . 6 Plaintiff, ) No. 94-2-32814-0 7 vs. ) 8 FACTORIA CENTER INVESTMENTS, ) DECLARATION I _1X, INC. , d/b/a "BABES ALCOHOL FREE ' ) MARK HANNA 9 PERFORMING ARTS CENTER"; JOHN G. ) IN SUPPORT yH , 3 p 1995 ZAHRAN; and DAVID C. EBERT, MOTION FOR 10 ) ORDER OF GILBERT N. LEr. Defendants. ) CONTEMPT 11 ) 12 I, MARK HANNA, being over the age of 18 years and 13 competent to testify, make the following declaration based 14 on personal knowledge. 15 I am a police officer employed by the City of Bellevue. 16 On Friday, January 20, 1995, I went to Babes in an 17 undercover capacity. I paid a $5 cover charge and sat down 18 at a table. .I was quickly approached by a waitress who sold 19 me a soft drink. 20 I was approached several times by dancers who asked me 21 if I wanted to dance. I declined until I had been there 22 about 15 or 20 minutes, . saying that I wanted to watch the 23 show for a while. 24 I then purchased a dance from a woman who identified 25 herself as "Evie. " She told me that the dance was $10 and 26 that no touching was allowed. She never approached 'closer 27 DECLARATION OF MARK HANNA IN SUPPORT OF MOTION 28 FOR ORDER OF CONTEMPT - PAG 1 • h 9/ I PtiP3IT CITY OF BELLEVUE ='y •- t 1 11511 Main Street l ?!B34) 4� ti P.O. Box 90012 Bellevue, WA 98009 9012 r 1 than about a foot or so while dancing for me. - 2 Later, another dancer named "Harley" sat down at my 3 , , table. I agreed to a table dance from her and she led me 4 over to a padded bench that ran along the length of the 5 north wall. She moved two tables out of the way and began 6' to dance between my legs. She gyrated about an inch or two 7 over my lap as if we were having sex, and the outer part of 8 her thighs almost continuously brushed my inner thighs as 9 she did so. 10 11 I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF 12 THE STATE OF WASHINGTON THAT THE FOREGOING IS TRUE AND CORRECT. 13 14 II 15 Date and Place M rk Hanna 16 17 18 19 20 21 • 22 23 • 24 25 26 • 27 DECLARATION OF MARK HANNA IN SUPPORT OF MOTION � 28 FOR ORDER OF CONTEMPT - PAGE 2 5 r/' • CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 • • • _ 1 2 3 4 • 6 7 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON 8 IN AND FOR THE COUNTY OF KING 9 INO INO, INC., ) .- 10 Plai ) No. 95-2-02025-9 ntiff; ) 11 v. ) 12 CITY OF BELLEVUE, 13 Defendant. 14 ) • DEJA-VU BELLEVUE, INC., a Washington ) 15 corporation, ) No 94-2-22796-3 • ) ) 16 Plaintiff ) 17 v. ) ) 18 CITY OF BELLEVUE, • ) 19 Defendant. 20 )•RONDA REMUS, et al., ) No. 94-2-27797-9 21 )• 22 Plaintiffs, ) ) v. DECLARATION OF KATHRYN L. • 23 ) DANIELS IN SUPPORT OF CITY'S CITY OF BELLEVUE, . ) MOTION FOR TRO AND OPPOSING 24 ) PLAINTIFFS'MOTION FOR TRO Defendant ) • 25 • 26 • • DECLARATION OF KATHRYN DANIELS IN SUPPORT OF 5100 CITY'S MOTION FOR TRO AND OPPOSING PLAINTIFFS' fib•-EXHIBIT &suss MOTION FOR TRO - 1T°h „46 - anIR JASASVHOME{OHP0M0.D0C +�Z yy '''r; '. � I173C0 9t104-"" L f•.f`�'�f y,•C(i3C�A.;C'. � • �,+f 217022 ' J _ 1 KATHRYN L. DANIELS, does hereby declare,under penalty of perjury of the laws of the 2 state of Washington, that the following is true and correct: 3 1. I am the Chair of the Dance Department at the Cornish College of the Arts, and I make • 4 this declaration on my own personal knowledge. 5 2. Since 1973, I have taught dance at several universities, including Harvard, the University 6 of Washington,Mount Holyoke, Boston University and Colorado College. I have performed with 7 ballet and modern dance companies at a principal dancer level since 1969, throughout the United g States and Europe. I have choreographed productions in the states of Washington, Colorado, 9 Louisiana,Massachusetts and California. I have served as a peer panelist on numerous occasions for 10 the arts commissions of Seattle, King County and Washington State in the evaluation of 11 choreography. I have a B.A. degree from Goddard College in Interdisciplinary Studies (including _ 12 dance), and an MA. degree from Lesley College in dance kinesiology. 13 3. I have been qualified as an expert witness in King County Superior Court on the subject of 14 dance. 15 4. I have been asked by the City of Bellevue to review the Declaration of Kris Wheeler in this 16 case, and to provide certain opinions regarding that declaration and other matters relating to adult 17 cabaret dancing within King County. I base my opinions not only on my professional training and 18 experience, but also upon personal observation of adult cabaret dancing within King County. 19 5. I have reviewed the provisions of Bellevue City Code sections 5.08.070(A)(1) and (6) 20 relating to the eight-foot and four-foot minimum distances required between performers and audience 21 for stage dancing and so-called "table dancing," respectively. In my opinion, those distances do not 22 impair the artistic presentations of the performers in any way. 23 6. Dance, as an art form, is the presentation of a human moving in space. In order to 24 properly see the whole body, and its relationship to the space around it, there must be a certain 25 distance between the performer and the audience. For example, dancers use the terms carving, 26 • • DECLARATION OF KATHRYN DANIELS IN SUPPORT OF 5 Z.01 CITY'S MOTION FOR TRO AND OPPOSING PLAINTIFFS' PRESTON GATES d ELLIS MOTION FOR TRO -2 '°o�ASV R SEArn ,wASIENGTDH 911047078 J:ISAS.IHOMEWHPOMO.DOC TELEPHONE(206)623-7380 • FACSIMILE:(206)623-7022 • • 1 slashing, shaping or stabbing to describe their expressive relationship to space. An audience member 2 seated too close to the dancer cannot view properly the movements or the effect on the space. 3 7. Stage dance performances are rarely presented.at a distance less than 12-15 feet from the 4 nearest audience member. Dancers can effectively communicate with members of the audience at 5 distances of hundreds of feet, but they cannot do so if they are too close to the audience. A distance 6 of eight feet or less would be uncomfortable and ineffective, for a meaningful dance presentation. 7 8. I have reviewed the Declaration of Kris Wheeler dated February 15, 1995, prepared for g this lawsuit. I disagree with the conclusions in paragraphs seven through ten of her declaration. 9 Wheeler's paragraph seven discusses improvisational performances and the effect of a "four foot 10 setback requirement." A distance of four feet between performer and audience is absolutely close 11 enough to make the audience feel it is a part of the performance, and to develop a sense of intimacy - 12 between audience and performer. A distance of twelve feet, in fact, is extremely close in dance 13 perspective. 14 9. Paragraph eight of Wheeler's declaration discusses avant garde dance and "Street Theater." 15 Distances of greater than four feet are necessary to present properly this type of dance, as well, for 16 the same reasons discussed above. If there is touching between performer and audience, what is the 17 artistic purpose of that aspect? In almost all cases, the same communication and message between 18 artist and audience can be communicated without actual contact. 19 10. The table dancing discussed in Wheeler's paragraph nine can be performed with intimate 20 communication from a distance of four feet. If the dancing were any closer, it would impair the 21 viewer's ability to watch the dancer's whole body. From a distance of more than four feet, there is no 22 impairment of the performer's artistic presentation as a dancer. The intimacy and rapport between 23 dancer and audience is not impaired by a distance of at least four feet. 24 11. I agree with the conclusion in Wheeler's paragraph ten that illumination of the dancer is 25 sometimes assisted by the dimming of audience lights. The other conclusions in her paragraph ten are 26 • DECLARATION OF KATHRYN DANIELS IN SUPPORT OF 5(0 rL CITY'S MOTION FOR TRO AND OPPOSING PLAINTIFFS' PRESTON GATES R ELLIS MOTION FOR TRO -3 5 00 0 C0 MBENTE Al FtFI}{FTH AVF 1A`MIE R SEATTLE.WASHINGTON PS104.7071 JASASYHOMENOHPOMO.DOC TELEPHONE(706)6117560 FACSIMILE(206)6217022 • 1 largely contradictory. Minimum lighting standards do not diminish the ability to illuminate the dancer. 2 The dimmer lighting does nothing to enhance the communication at table dances. When lighting on 3 the performer is varied, it must still be of sufficient quantity to ensure that the dancer is visible to all 4 members of the audience. Such visibility is not impaired in any way by minimum lighting standards. 5 DATED this 21st day of February, 1995 at Seattle,Washington. 6 V 7 8 , r e KATHKYN v/DANIELS 9 10 11 - 12. 13 14 15 16 17 18 19 20 21 22 23 24 V 25 26 • DECLARATION OF KATHRYN DANIELS IN SUPPORT OF 5(o3 • CITY'S MOTION FOR TRO AND OPPOSING PLAINTIFFS' PREsroN GATES 3 ELLIS ENTER MOTION FOR TRO -4 sow FL L,701 FIFTH AVENUE SEATTLE,WASHINGTON 91104.707r J:ISASWHOME\OHPOMO.DOC TELEPHONE:006)623-7580 FACSIMILE(206)623-7022 uulf._. )) yr 3 4 5 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING 6 DEJA VU-BELLEVUE, INC., a ) 7 Washington corporation, ) 8 g Plaintiff; ) NO. 94-2-22796-3 ) 10 vs. ) MEMORANDUM IN 11 ) SUPPORT OF MOTION FOR PRELIMINARY 12 CITY OF BELLEVUE, ) INJUNCTION ) 13 Defendant. ) f ) 14 15 THE ORDINANCE 16 This case involves, in part, a challenge to Ordinance Nos. 4692, 4695 and 4735 passed by the Bellevue City Council on September 6, 1994, September 19, 1994 17 and January 23, 1995, respectively, (herein collectively referred to as the Ordinances). 18 While many of the provisions of the Ordinances are challenged as being violative of 19 express constitutional guarantees, the challenged provisions relevant to this Motion 20 are found in Section 5 of Ordinance No. 4735, codified as sections 5.08.070(A)(1), 21 (A)(5) and (A)(6).1 These sections provide: 22 23 5.08.070 Standards of conduct and operation - Adult Cabarets. 24 25 t A copy of Ordinance No 4735 is attached hereto as Exhibit A. _I _ i'26 A � 7 MEMORANDUM- 1 LAW oFFius of Burns&Harnmerly 500-108th Avenue N.E. • Suite 770 Bellevue,WA 98004 • (206)646-6546 A. The following standards of conduct must be adhered to by employees of any adult cabaret while in any area in which members of the public are allowed to be present: . 2 1. No employees or entertainer shall be unclothed or in such less than opaque and complete attire, costume or clothing so as to expose to 3 view any portion of the breast below the top of the areola or any • portion of the pubic region, anus, buttocks, vulva or genitals, except 4 upon a stage at least eighteen inches above the immediate floor level • and removed at least eight feet from the nearest member of the public. 5 6 . • • 7 5. No employee or entertainer shall perform actual or simulated acts of sexual conduct as defined in this chapter, or any act which 8 constitutes a violation RCW 7.48A, the Washington Moral Nuisances 9 Statute, or Chapter 10A.88 of the Bellevue City Code. 10 6. No employee or entertainer mingling with members of the public shall conduct any dance, performance or exhibition in or about the 11 non-stage area of the adult cabaret unless that dance performance or exhibition is performed at a distance of no less than four feet from any 12 member of the public. 13 14 PLAINTIFF'S INDUSTRY 15 Plaintiff has obtained a license to operate a business within the City of 16 Bellevue that the Ordinances define as an "Adult Cabaret."2 For the past decade or 17 more, businesses similar to Plaintiff's have operated in the City of Seattle and other 18 communities in incorporated and unincorporated King, Snohomish and Pierce 19 Counties. The essence of the business is to offer live nude entertainment on stage to 20 an adult audience and provide individual dances to patrons at their tables. Both types 21 of entertainment are protected by the First Amendment to the United States 22 Constitution and Article 1, §5 of the Washington State Constitution. 23 Entertainers who perform at the businesses are independent contractors 24 who pay the business for the right to offer entertainment to the businesses' patrons, 25 2 BCC 5.08.010(A). 1411 /`/ 26 "4-7 I • MEMORANDUM - 2 LAW OFFICES OF Burns&Hammerly 500-108th Avenue N.E. • Suite 770 Bellevue,WA 98004 • (2061646-6546 much like a hairdresser rents chair space or a swap meet participant rents space. 1 None of the entertainers are paid a salary or wage. Their income depends solely upon 2 payments and tips received directly from patrons for entertainment performed. The 3 businesses keep none of the money earned by the entertainers other than the rent or 4 ' other fees paid for the right to use the premises for entertainment purposes. 5 On November 22, 1993, the Bellevue City Council passed Ordinance No. 6 4602 which comprehensively regulated businesses such as Plaintifl's.3 At the time, no 7 adult cabaret businesses were operating within the City of Bellevue. Ordinance 4602 8 required the licensing of the business, its managers and each entertainer and provided 9 specific standards of conduct relative to contact between entertainers and patrons. In 10 particular, it provided that nude stage dances could occur no closer than six (6) feet' 11 to the nearest patron and it regulated the conduct of entertainers performing table and • 12 couch dances by providing: 13 No employee or entertainer shall encourage or knowingly permit any person upon the premises to touch, caress or fondle the breasts, 14 buttocks, anus or genitals of any other person. 15 Ordinance 4602, §6. Violation of the provisions of the ordinance could result in 16 license suspension or revocation, criminal charges or both. 17 Plaintiff has no objection to the regulatory requirements of Ordinance No. 18 4602 inasmuch as they are similar in all material respects to similar ordinances in King 19 County and the City of Seattle. Plaintiff submits that the City must bear the burden of 20 demonstrating a compelling governmental interest in order to justify the additional 21 burdens imposed by the Ordinances. 22 The Ordinances drastically alter and change the burden imposed on the 23 protected speech to be offered by Plaintiff and entertainers who will perform there. 24 Their effect is to (1) prohibit table and couch dances, i.e., dances that have historically 25 3 A copy of Ordinance 4602 is attached to the Declaration of Jack It Burns as Exhibit H. 26 MEMORANDUM - 3 LAW OFFICES OF Burns&Hammerly 500-108th Avenue N.E. • Suite 770 Bellevue,WA 98004 • (206)646-6546 been the method used to convey the erotic and sexual message of entertainers -1. performing in adult cabarets, (2) require that nude and semi-nude entertainment be 2 removed at least 8 feet from the nearest patron without any showing that the six (6) 3 foot separation requirement of Ordinance No. 4602 is inadequate to serve any alleged 4 governmental need and (3) absolutely prohibit certain nonobscene dance 5 entertainment. Of all the communities in King County where adult cabarets exist, 6 only Bellevue has sought to destroy the business by prohibiting its very essence, i.e., a 7 sexually provocative and stimulating dance.4 The ultimate impact of these 8 regulations, if enforced, will be the closure and bankruptcy of Plaintiff's business and 9 the loss of work for scores of dancers offering protected dance entertainment to 1 0members of the adult public. . • 11 STATE CONSTITUTIONAL CHALLENGE 12 Plaintiff's Complaint challenges many of the provisions of the Ordinances 13 as being violative of the protections of the Washington State Constitution and the 14 United States Constitution. With respect to this Motion, Sections 5.08.070(A)(1) and 15 (A)(6) are challenged as imposing unconstitutional time, place or manner regulations 16 on protected speech activity. Section 5.08.070(A)(5) is challenged as imposing a 17 prohibited prior restraint inasmuch as it absolutely prohibits certain nonobscene 18 performances. 19 In making these challenges, Plaintiff cites and relies on federal cases, 20 particularly those involving the First.Amendment, because our State Supreme Court 21 held in Bering v. Share, 106 Wn.2d 212, 234, 721 P.2d 918 (1986) that: 22 • 23 4 Bellevue knew that its regulations would destroy the business of Plaintiff. The summary minutes 24 of the September 6, 1994 council meeting (Exhibit G to the Declaration of Jack ILBurns), as confirmed by the deposition of Council woman Margot Blacker, indicate that the City was aware that 25 the four(4)foot requirement would cause adult entertainment businesses to"go out of business." 26 ' 3 MEMORANDUM - 4 LAW OFFIC(S OF Burns&Hammerly 500-108th Avenue N.E. • Suite 770 Bellevue,WA 98004 • (206)646-6546 , Although the free speech clauses of the state and federal constitutions are different in wording and effect, our confidence in the general federal analysis prompts our adoption of much of this methodology for • 1 application in state constitutional cases. 2 Similarly, in Collier v. Tacoma, 121 Wn.2d 737, 746, 854 P.2d. 1046 (1993), the 3 Court said: 4 We recognize that the free speech clauses of the state and federal 5 constitutions are different in wording and effect, but that the result reached by previous Washington cases in general adopted much of the 6 federal methodology for application to state constitutional cases. The 7 federal cases cited here and in our prior decisions are used for the purpose of guidance and do not themselves compel the result the court 8 reaches under our state constitution. 9 PRESUMPTION OF UNCONSTITUTIONALITY-BURDEN OF PROOF 10 The challenged provisions infringe upon speech protected activities in at least 11 two respects. First, §§5.08.070(A)(1) and (A)(6) limit the manner and place in which 12 a speech activity may be exercised [requirement that entertainers be separated at least 13 four (4) feet from the nearest patron if not dancing on a stage and at least eight (8) 14 feet if dancing on a stage] based solely upon the content of the speech. 15 The regulations of the ordinance are not triggered unless the entertainment 16 occurs in an "adult cabaret" where "adult entertainment" is provided. BCC 17 5.08.010(A). "Adult entertainment," as defined in BCC 5.08.010(B), means: 18 19 1. Any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance or dance involves a 20 person who is unclothed or in such costume, attire or clothing as to 21 expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or 22 wearing any device or covering exposed to view which simulates the appearance or any portion of the female breast below the top of the 23 areola or any portion of the pubic region, anus, buttocks, vulva or 24 genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered; 25 or / 26 J1'/L MEMORANDUM- 5 LAW OFFICES OF Burns&Hammerly sop-108th Avenue N.E. • Suite 770 2. Any exhibition, performance or dance conducted in a premises where such exhibition, performance or dance is distinguished or 1 characterized by a predominant emphasis on the depiction, description, 2 simulation or relation to the following specified sexual activities • 3 (a) human genitals in a state of sexual stimulation or arousal; 4 (b) acts of human masturbation, sexual intercourse or 5 sodomy; or 6 (c) fondling or other erotic touching of human genitals, 7 pubic region, buttocks or female breast; 8 or 9 3. Any exhibition, performance or dance which is intended to sexually 10 stimulate any member of the public and which is conducted on a regular basis or as a substantial part of the premises activity. This 11 includes, but is not limited to, any such exhibition performance or 12 dance performed for, arranged with or engaged in with fewer than all members of the public on the premises at that time, with separate 13 consideration paid, either directly or indirectly, for such performance, exhibition or dance and which is commonly referred to a table dancing, 14 couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing. 15 Applying the definition of adult entertainment, it is clear that the challenged 16 regulations are content based. For example, table dances, for separate consideration, 17 are allowed without regulation unless the content of the dance is intended to sexually 18 stimulate the audience. BCC 5.08.010(B)(3). Under BCC 5.08.010(B)(2), dances, 19 even if not intended to sexually stimulate the audience, are subject to regulation if 20 they simulate sexual intercourse, masturbation or the touching of the genital area. 21 This overly broad language would likely sweep every modern dance performance that 22 • involves any sort of pelvic thrust within the reach of the regulations. Surely it would 23 bring Michael Jackson's performance where he grabs his crotch within their sweep. 24 Content or subject matter regulations of speech are presumptively 25 unconstitutional and subject to "strict scrutiny." Collier v. Tacoma, 121 Wn.2d 737, 26 ` 6 MEMORANDUM - 6 LAW OFFICES OF Burns&Hammerly 500-108th Avenue N.E. • Suite 770 748-9, 854 P.2d 1046 (1993). Under this intense level of review, "government must 1 . dhow that its regulation is necessary to serve a compelling state interest and that it is 2 narrowly drawn to achieve that end." Collier, at 749. (emphasis added) See also 3 City of Renton v. Playtime Theatres, Inc., 475 U.S. 41, 89 L.Ed.2d 29, 106 S.Ct 925 4 (1986); Carey v. Brown, 447 U.S, 455, 100 S.Ct 2286, 65 L.Ed.2d 263 (1980); 5 Police Dept. of Chicago v. Mosley, 408 U.S. 92, 92 S.Ct 2286, 33 L.Ed.2d 212 6 (1972). 7 Second, §5.08.070(A)(5) absolutely prohibits certain nonobscene speech 8 such as pelvic thrusting that may simulate sexual intercourse or the touching of the 9 clothed or unclothed genital area in any manner, including, but not limited to, 10 simulating masturbation. This prohibition is absolute; i.e., it applies whether clothed or nude and applies while on a stage or while doing a table dance. 11 2 Nearly identical prohibitions were found to be unconstitutionally over 13 broad in O'Day v. King County,•109 Wn.2d 796, 749 P.2d 142 (1988). There, the 4 Court said that an overly broad statute that sweeps within its proscriptions protected 15 expression is unconstitutional under both the Washington and United States 6 Constitutions. Id., at 803. The Court went on to agree with the Superior Court that 7 provisions of the county ordinance that prohibit the simulation of certain acts, even if 8 an entertainer was clothed, impermissibly reached into the realm of constitutionally 9 protected expression. Id., at 805-806. 20 In order to save the imperfectly drafted ordinance, the Supreme Court 21 authoritatively construed a "nonobscene dramatic works exception" to limit the 22 ordinance's application to pure conduct and obscene expression. While Ordinance 23 No. 4735 contains a similar exception [BCC 5.08.070(F)], it is clear that such a 24 saving construction cannot be rendered here because the Bellevue City Council 25 intended to go further and prohibit certain speech that is not obscene. 26 MEMORANDUM- 7 LW OFFICES OF Burns&Hammerly 500-108th Avenue N.E. • Suite 770 Bellevue,WA 98004 • (206)646-6546 Unlike the exception in the King County Ordinance, the "dramatic works 1 . exception" in Ordinance No. 4735 specially provides that"These exemptions shall not 2 apply to the sexual conduct described in RCW. 7.48A.010(2)(b)." RCW 3 7.48A.010(2)(b)(i) includes "[u]ltimate sexual acts, normal or perverted, actual or 4 simulated." By engrafting this exception, which is nothing more than a listing of the 5 representations that may be found obscene if the entire obscenity test is satisfied, on 6 to the dramatic works exception, the City has clearly indicated an intent to prohibited 7 certain sexual simulations even if they are not obscene. As a consequence, no saving 8 construction can be rendered. 9 TEST FOR PRELIMINARY INJUNCTION With the presumption of unconstitutionality and burden of proof in mind, a 10 review of the factors required for the issuance of a Preliminary Injunction, and their 11 2 application to the facts before the Court, demonstrate that Plaintiff is entitled to a 3 Preliminary Injunction. , 4 In order to obtain a Temporary or Permanent Injunction, a party must 5 show: (1) that he has a clear legal or equitable right; and (2) that he has a well- s grounded fear of immediate invasion of that right; and (3) that the acts complained of 7 are either resulting or will result in actual and substantial injury. Physicians v. 18 Tacoma Stands Up For Life, 106 Wn.2d 261, 265, 721 P.2d 946 (1986). See also 19 Tyler Pipe Industries, Inc. v. Department of Revenue, 96 Wn.2d 785, 638 P.2d 1213 20 (1982); Washington Fed'n Of State Employees v. State, 99 Wn.2d 878, 665 P.2d 21 1337 (1983). The purpose of a preliminary injunction is to preserve the status quo 22 until trial can be had on the merits. McLean v. Smith, 4 Wn.App 394, 482 P.2d 798 23 (1971). 24 A. The Challenged Regulations Cannot Satisfy The Test For Imposing A Time, Place Or Manner Regulation On Protected Speech. 25 26 AN • MEMORANDUM - 8 LAN OFFICES OF Burns&Harnmerly 500-108th Avenue N.E. • Suite 770 Bellevue,WA 98004 • (206)646-6546 1 1 It is beyond ingenious dispute that Plaintiff has the clear right to engage in the business of presenting nude.dance entertainment to members of the adult public 1 2 and that right is protected by Article 1, §5 of the Washington State Constitution. • 3 O'Day v. King County, 109 Wn.2d 796, 803, 749 P.2d 142 (1988).5 Plaintiff submits 4 that the Ordinances impose unconstitutional time, place or manner restrictions on that 5 right and act as a prohibited prior restraint by absolutely prohibiting certain 6 nonobscene performances. 7 In order to impose a time, place or manner regulation on speech, the City 8 9 must demonstrate (1) that the right of free speech under Article 1, §5 has been 10 abused, (2) that the restrictions are content neutral, (3) that the restrictions are 11 narrowly tailored to serve a compelling State interest, and (4) that the restrictions 12 leave open ample alternative channels of communication. Bering v. Share, 106 13 Wn.2d at 234. As demonstrated below, the City cannot satisfy this burden. 14 Prior to 1993, the City of Bellevue had not enacted any legislation 15 16 regulating live adult entertainment businesses.6 Although the City had discussed the 17 possibility of regulating adult businesses as long ago as October, 1984, it was noted at 18 that time that the police had not observed any effect on crime due to the existing adult 19 businesses in the area.? Similarly, when considering zoning legislation to regulate the 20 21 5 In their Answer to paragraph IV(1) of Plaintiff's Amended Complaint, the Defendant has 22 • admitted that. "Plaintiff-has the right to engage in the business of offering nonobscene dance 23 entertainment to members of the public by virtue of Article 1, §5, of the Washington State Constitution and the First Amendment to the United States Constitution." 24 6 Declaration of Jack R. Burns, Exhibit A. 25 7 Id., Exhibit B. 26 APN MEMORANDUM - 9 LAW OFFICES Of Burns&Hammerly 500-108th Avenue N.E. • Suite 770 Bellevue,WA 98004 • (206)646-6546 location of adult businesses, the City could not establish that the three adult businesses located in Bellevue at that time had any negative secondary effects.8 While - 1 2 Exhibit C indicates that "conditions may change," nothing in the records of the City 3 Council indicates any "change of condition" prior to the adoption of Ordinance No. 4 4602 on November 22, 1993. Notably, the City Council Agenda Memorandum 5 referring to Ordinance No. 4602 is devoid of any mention that such legislation was 6 necessary to combat any actual, let alone speculative, negative secondary effects.9 • 7 Equally as important, the Council Agenda Memorandum refers to the Ordinance as "a 8 9 comprehensive licensing scheme to regulate all aspects of such,businesses." 10 The Council record regarding the adoption of Ordinance No. 4692 is 1 totally silent with regard to any change of circumstance, investigation, study, or need 12 that would justify modifying the restrictions of the already adopted "comprehensive 13 scheme." Both Ordinance No. 4602 and Ordinance No. 4692 were subsequently 14 15 amended on September 19, 1994 by Ordinance No. 4695.10 At the time that 16 Ordinance Nos. 4692 and 4695 were considered by the Council, little evidence, if any, 17 existed regarding the adverse impacts associated with live adult entertainment 18 businesses. For example, neither of the City Council Agenda Memorandum for the 19 ordinances referenced any associated adverse effects." Furthermore, the evidence 20 21 22 s Id., Exhibit C. • 23 9 Id.,Exhibit A. 24 10 Id.,Exhibit J. 25 11 Id.,Exhibits D and E. 26 - "l11q MEMORANDUM - 10 LAW OFFICES OF Burns&Hammerly 500-108th Avenue N.E. • Suite 770 Bellevue,WA 98004 • (2061 646-6546 obtained by the Bellevue Police Department and put before the Council indicates that the notion that criminal activity is associated with live adult entertainment businesses 1 2 is fiction and not well grounded in fact. In a memorandum prepared for the Council, 3 Corporal Dempsey of the Bellevue Police Department stated:12 4 It is -difficult to prove associated crime [with adult entertainment 5 clubs]. Most of these places are established within their communities and pose no more problems than any other night time business. 6 7 Corporal Dempsey goes on to conclude that extra patrol is not needed for 8 jurisdictions that have live adult entertainment clubs by stating "[n]o more [patrol] 9 than other night tim[e] business. Usually fewer calls for assistance."13 10 In addition to showing a past .abuse, the City must also demonstrate that 11 12 the restrictions are content neutral. Again, no such showing can be made. The 13 Supreme Court has held that "[g]overnment regulation of expressive activity is 14 content neutral so long as it is justified without reference to the content of the 15 regulated speech.' Ward v. Rock Against Racism, 491 U.S. 781, 791, 105 L.Ed.2d 16 661, 109 S. Ct. 2746 (1989). Here, the regulations are based upon the content of the 17 speech offered at Plaintiff's business, i.e., the regulations do not apply unless the 18 19 speech involves (1) some degree of nudity, (2) an attempt through costuming to 20 simulate a degree of nudity or sexual stimulation or (3) the speech is intended or 21 likely to sexually stimulate a member of the public. Were it not for the sexual nature 22 23 24 12 Id.,Exhibit F. 25 13 Id. 26 _ 1 O MEMORANDUM - 11 tAY OFFICES OF Burns&Harnmerly 500-108th Avenue N.E. • Suite 770 • - of the speech, the regulations would not apply. Inasmuch as the regulations cannot be justified without reference to the content of the speech, they are content based. 1 2 Next, the City must demonstrate that the regulations are narrowly tailored 3 to serve a compelling governmental interest. Bering, at 234. In order to satisfy this 4 portion of the test, the City must prove that the regulations are narrowly drawn to 5 serve a compelling state interest. Collier v. Tacoma, 121 Wn.2d at 753. To meet its 6 burden, the City must show that the legislation is finely tailored to serve compelling 7 state interests and the justifications offered for any distinctions it draws must be 8 9 carefully scrutinized. See Carey v. Brown, supra. 10 In State v. Conifer Enterprises, 82 Wn.2d 94, 99, 508 P.2d 149 (1973), the 11 Court, in describing the heavy burden of justification where First Amendment rights 12 are threatened, said: 13 . . . [m]ere legislative preferences or beliefs standing alone will not 14 support such legislation. . . . rather, "only a compelling state interest 15 in the regulation of a subject within the state's constitutional power to regulate can justify limiting First Amendment freedoms." . . . and the 16 requisite connection between the statute and the permissible state interest is necessity; a mere rational, reasonable, or even substantial 17 relationship will not suffice. (citations omitted). 18 More recently, in Backlund v. Board of Comm'rs, 106 Wn.2d 632, 641, 725 P.2d 19 981 (1986), the Court described a compelling governmental interest in the following 20 terms: 21 22 It is basic that no showing merely of a rational relationship to some colorable state interest would suffice; in this highly sensitive 23 constitutional area, "f o]nly the gravest abuses, endangering paramount interests, give occasion for permissible limitation," . (Emphasis 24 added) 25 26 /(5 MEMORANDUM - 12 LAW OFFICES OF Burns&Hammerly s00. 108th Avenue N.E. • Suite 77n 'J See also Basiardanes v. City of Galveston, 682 F.2d 1203 (5th Cir. 1982); Kuzinich v. County of Santa Clara, 689 F.2d 1345 (9th Cir. 1982); Avalon Cinema Corp. V. 1 2 Thompson, 667 F.2d 659 (8th Cir. 1981); Keego Harbor v. City of Keego Harbor, • 3 657 F.2d 94 (6th Cir. 1981); Fantasy Book Shop, Inc. v. City of Boston, 652 F.2d 4 1115 (1st Cir. 1981); and •CLR Corp. v. Henline, 520 F.Supp. 760 (W.D. Mich. 5 1981); Alexander v. City of Minneapolis, 531 F.Supp. 1162 (N.D. Minn 1982), 6 affirmed 698 F.2d 936 (8th Cir. 1983); Deerfield Medical Center v. City of Deerfield 7 Beach, 661 F.2d 328 (5th Cir. 1981).. These cases teach us that a claim of 8 9 governmental interest must be supported by empirical, factual evidence actually 10 considered at the time an ordinance is passed. 11 Here, there are no legislative findings that purport to describe or define any 12 governmental interest which would justify imposing burdens and requirements on 13 stage, table and couch dances more onerous than those contained in Ordinance No. 14 4602. No evidence exits in the record to establish that the regulations of Ordinance 15 16 No. 4602 are inadequate to deal with any perceived governmental evil. Furthermore, 17 there is no showing or evidence in the record to establish any change in circumstances 18 between'the time Ordinance No. 4602 was adopted and the most recent amendments 19 that would justify the additional burdens of the Ordinances. There is simply no 20 empirical evidence in the record to support imposing greater burdens. 21 22 Second, it cannot be said that the governmental purpose, if any there be, is 23 narrowly tailored, i.e., accomplished by the least intrusive means. "Narrowly tailored" 24 means that the regulation must target and eliminate no more than the exact source of 25 26 1452 MEMORANDUM - 13 LAW OFFICES OF Burns Sr Hammerly 500-108th Avenue N.E. • Suite 770 Bellevue.WA 98004 • (206)646-6546 the "evil" it seeks to remedy. Frisbee v. Shultz, 108 S.Ct 2495 (1988).14 It can be no greater than essential to the furtherance of the asserted interest. United Slates v. 1 2 O'Brien, 391 U.S. 367, 20 L.Ed.2d 672, 88 S.Ct 1673 (1968); DCR Entertainment v. • 3 Pierce County, 55 Wn.App 505, 778 P.2d 1060 (1989). . • 4 Recently, our State Supreme Court held in Worldwide Video, Inc. v. 5 Tukwila, 117 Wn.2d 382, 388, 816 P.2d 18 (1991), that the First Amendment 6 requires that a City narrowly tailor any ordinance which imposes a time, place or 7 manner restriction on speech. It went on to hold that a regulation is not narrowly 8 9 tailored under the First Amendment if it does not serve a substantial governmental • 10 interest. 117 Wn.2d at 389. The Court found that the City of Tukwila had not 11 demonstrated a "substantial government interest" because it had not shown that the 12 business activity regulated by the ordinance ("take home" merchandise) produced the 13 harmful secondary effects at which the ordinance was aimed. 117 Wn.2d 389. 14 Here, the City has absolutely failed to demonstrate any governmental 15 16 interest, let alone a compelling interest, as required under state constitutional analysis. 17 For this reason alone, the City must fail in its burden of showing that the regulations 18 are narrowly tailored. Worldwide Video, Inc., supra. 19 Even if the City is able to establish some governmental concern, the 20 regulations are not narrowly tailored because they target and eliminate far more than 21 the perceived evil. The two primary justifications offered for the requirement that 22 23 24 14 See Worldwide Video v. City of Tukwila, 117 Wn.2d 382, 816 P.2d 18 (1991), cert. denied, 112 S.Ct 1672 (1992), where the Court found that there was not a substantial governmental interest where an ordinance directed at a particular evil included other uses that had not been shown to have 25 the same secondary effects as the targeted uses. 26 y53 MEMORANDUM- 14 LAW OFFICES or Burns&Hammerly 500-108th Avenue N.E. • Suite 770 Bellevue,WA 98004 • (206)646.6546 dancers performing individual dances for customers be separated a minimum of four (4) feet from customers is the occurrence of prostitution and drug dealing by these 1 2 entertainers within the business. With respect to alleged drug dealing, there is 3 absolutely no evidence of any drug dealing by entertainers within the businesses. 4 Moreover, it is clear that the challenged provisions are not really targeted at such a 5 concern. The ordinance does not prohibit entertainers from sitting with customers or 6 having customers buy them drinks or prohibit other contact that would present a more 7 likely opportunity to exchange contraband. Similarly, with respect to alleged 8 9 prostitution, there is no evidence in the record to establish any convictions for 10 prostitution activity within the businesses. Without evidence of criminal activity and a 11 showing that enforcement of existing laws prohibiting prostitution or drug dealing are 12 insufficient to curtail the activity that may exit, the City must fail in its burden of 13 demonstrating that the regulations are narrowly tailored. Mikens v. City of Kodiak, 14 640 P.2d 818 (Alaska 1982). 15 16 At the time the City adopted these provisions, it had before it the 17 comments of King County police regarding adult entertainment uses. The following is 18 quoted from the July 15, 1994, edition of The Seattle Times: 19 . Sgt. John Kindner of the King County police vice unit, which 20 keeps watch on Deja Vu clubs in Lake City and Federal Way said those who oppose such clubs on public safety grounds are misguided. 21 "These clubs have no appreciable impact on the community," Kindner 22 said. Drug activity and violence, he said, is more common.at bars than at nude dance clubs, which are not permitted to serve alcohol. 23 Surely, the King County police are in a far better position to assess the impact on 24 crime, if any, associated with adult businesses than the Bellevue City Council. 25 26 A 54? MEMORANDUM - 15 LW OFFICES Of Burns&Hammerly 500•108th Avenue N.E. • Suite 770 More importantly, the record before the Court clearly establishes that the 1 City Attorney for the City of Bellevue believed, and advised the Council, that the four 2 (4) foot separation requirement was not narrowly tailored. As originally drafted, the 3 ordinance proposed a one (1) foot separation between entertainers and patrons. By 4 amendment, this distance was increased to four(4) feet. When specifically questioned 5 about the propriety of expanding this distance, the City Attorney said: 6 ANDREWS: Yes, I will respond. We have recommended one foot 7 and the reason we have recommended is that the test we believe that needs to be applied in this situation is not the more liberal rational 8 relationship test that is ordinarily applied to governmental regulations 9 such as this, but because we are dealing with what the Supreme Court of both the State of Washington and the United States have said is 10 expressive conduct, and specifically what the Supreme Court of Washington has said is protected expressive speech, the same as 11 political speech, we are not held to the rational relationship test, but to 12 what has been described by some as the least intrusive means test. That is to say we have, if we have a compelling governmental interest, 13 and I believe we do have a compelling governmental interest in preventing crime. When we are dealing with this kind of regulation of 14 expressive conduct, we are dealing in the area of what is time, place and manner regulations, and our time, place and manner regulation 15 must be the least intrusive means available to accomplish our purpose. 16 Our purpose here being to prevent crime such as unlawful exposure, illegal tipping, illegal touching, and the passing of contraband back and 17 forth. We believe that the least intrusive means is a sufficient distance so that an officer or a manager of the premises who is responsible for 18 insuring that those things don't happen can see what is going on so that 19 they can interdict the conduct. We have provided in this ordinance not for a minimal level of lighting, but for a sufficient level of lighting so 20 that people from across the•room will be able to observe conduct, illegal conduct specifically, and we feel that one foot is a sufficient 21 distance to allow us to do that. We feel that a greater distance is 22 treating this type of protected conduct more stringently based on its content than we would treat other conduct, such as nonadult type 23 dancing. So that is the reason why we have recommended one foot and we believe that is the least intrusive means available to accomplish 24 our purpose. 25 26 '1,55 MEMORANDUM - 16 LAW oincesOf Burns&Hammerly 500-108th Avenue N.E. • Suite 770 Bellevue,WA 98004 • (206)646.6546 • - ANDREWS: Well, I think that argument can be made, but I think it is 1 not the least intrusive means. I don't think, we could interdict all touching by requiring that there be a screen between them, or by, in • 2 the ultimate sense, we could interdict all of this conduct by not allowing it at all. We have to pick the means which allows the 3 expression without, with only minimal intrusion sufficient to accomplish our purpose. We cannot prohibit people from doing things 4 because they may break the law. The law is there prohibiting them and 5 if they are caught breaking the law, then They will be prosecuted and I think that is the least intrusive means. 6 7 The public interest advanced by the regulation requiring table dances to be 8 performed a minimum of 4 feet from the nearest member of the public, i.e., avoiding g the potential for drug deals (when none have been shown to have occurred) and the 10 potential for prostitution (when no showing has been made that prostitution has occurred or that enforcement of the laws prohibiting prostitution is inadequate to 12 solve whatever problem may be perceived to exist), when weighed against the extent 13 of the restriction on free speech rights demonstrates that the ordinance 'is not 14 narrowly tailored. As demonstrated by the Declarations of Paul Bern and Rhonda 15 McCormack, scores of entertainers will be forced to give up their chosen vocation 16 leaving them without any work or source of income to maintain their families or 17 lifestyle. Forcing scores onto the welfare rolls in order to decrease (not eliminate) the 18 opportunity for illegal activity which has not been shown to have occurred, simply 19 does not establish a narrowly tailored, compelling governmental interest. 20 The same justifications, i.e., drug dealing and prostitution were offered as 21 reasons for increasing the distance between stage dancers and patrons from six (6) 22 feet to' eight (8) feet. During her deposition; council woman Blacker offered the 23 absurd opinion that it was necessary to increase the distance between entertainers on 24 stage and patrons form six (6) feet (as allowed by Ordinance No. 4602) to eight (8) 25 feet in order to reduce the opportunities for prostitution and drug dealing. In the first 26 "75 0 MEMORANDUM - 17 LAW OFFICES OF Burns&Hammerly 500.108th Avenue N.E. • Suite 770 • _ instance, to assume that a drug deal is going to occur between a nude entertainer with 1 no place to conceal drugs and a patron six (6) feet away in full view of an audience is 2 patently ridiculous. Ms. Black's second assumption, i.e., that a six (6) foot separation 3 may allow a patron to reach out with his finger tips and hand a large tip to an • 4 entertainer as an invitation to a later sexual encounter, ignores the fact that tipping is 5 specifically allowed by the ordinance, both for -stage and table dances. See 6 §5.08.070(A)(7). More importantly, anything that can occur at six (6) feet can 7 certainly occur at four (4) feet or when seated with a patron. The City simply has not 8 offered a rational justification for extending the stage separation from six (6) feet to 9 eight (8) feet. 10 Finally, the City has the burden of proving the "availability of alternative 11 channels of communication." Collier, at 759. Clearly, there is no alternative for most. 2 entertainers who wish to convey a sexually exciting or arousing message. They will 13 be totally silenced inasmuch as the number of performance opportunities will be 4 drastically limited. If the regulations of the Ordinances are enforced, it is likely that 5 the burdens of the Ordinances will make bankruptcy and business failure a certainty. 6 As a consequence, there will be no alternative avenues of communication. 17 As for the businesses.themselves, with a limited number of entertainers, 8 bankruptcy and business failure is an economic reality, not an alternative channel of 19 communication. "Alternatives are not 'alternatives' if they are far from satisfactory." 20 Collier, at 760, quoting from Metromedia, Inc. v. San Diego, 453 U.S. 490, 516, 69 21 L. Ed. 2d 800, 101 S. Ct. 2882 (1981). 22 B. Well-Grounded Fear Of Immediate Invasion Of That Right • 23 The challenged provisions of the Ordinance fundamentally alter the way 24 • dance entertainment has been historically presented to adults in communities 25 throughout the State of Washington. Enforcement of the challenged provisions of the 26 Ordinances will have the effect of precluding the opening of Plaintiff's business or MEMORANDUM - 18 OFFICES OF Burns&Hammerly 500-108th Avenue N.E. • Suite 770 - forcing it to choose financial ruin and bankruptcy, thus silencing a form of protected 1 speech. In addition to the substantial harm that will befall Plaintiff, scores of 2 entertainers will have no place to offer their speech protected dance performances and 3 additional employees such as bartenders, doormen, waitresses, disc jockeys and 4 managers will be without jobs. 5 If the challenged provisions are enforced, not only will the rights of the 6 Plaintiff and others be invaded, it likely that those rights will be extinguished and 7 forever silenced in the City of Bellevue. 8 C. Actual And Substantial Harm. 9 The federal courts have held that the deprivation of First Amendment rights 10 for even minimal periods of time constitutes a sufficient showing of irreparable injury 11 to justify issuance of a preliminary injunction. Elrod v. Burns, 427 U.S. 347, 49 2 L.Ed.2d 547, 96 S.Ct 267 (1975); Citizens For A Better Environment v. City of Park 13 Ridge, 567 F.2d 689 (7th Cir. 1975). Additionally, the Declaration of Paul Bern 4 demonstrates the real likelihood that Plaintiff faces economic ruin and the loss of its 5 substantial investments if it is forced to comply with the requirements of these 6 provisions. 7 CONCLUSION 8 In this case, the Plaintiff is engaged in activities that are protected by 9 Article 1, § 5 of the Washington State Constitution. The Plaintiff must either comply 20 with regulatory provisions that it alleges are unconstitutional and face the likely 21 probability of bankruptcy or financial ruin or incur criminal penalties if it chooses to 22 ignore the provisions of the Ordinance. The Plaintiff merely seeks to maintain the 23 status quo pending trial by doing business under the previous comprehensive 24 regulatory scheme. Plaintiff submits that it has a well-grounded fear of invasion of its 25 legal rights and that absent a preliminary injunction, it will be deprived of speech 26 rights guaranteed by the First Amendment to the United States Constitution and A/5 9 MEMORANDUM - 19 OFFICES OF Burns&Hammerly 500-108th Avenue N.E. • Suite 770 Bellevue,WA 98004 • 1206)646.6546 Article 1, §5 of the Washington State Constitution and that it will suffer substantial 1 and irreparable injury. 2 3 7.! 61tAA.4 J• CK •, BURNS 4 W •01590 Attorney for Plaintiff 5 6 • 8 9 10 11 12 13 14 15 16 17 18 • 19 20 • 21 22 23 24 25 . { 26 y5q MEMORANDUM - 20 LAV OFFICES OF Burns&Hammerly 500•108th Avenue N.E. • Suite 770 Bellevue,WA 98004 • (206)646-6546 5 Copy 1 2 3 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING 4 • DEJA VU-BELLEVUE, INC., a ) 5. Washington corporation, ) 6 ) ) 7 Plaintiff, ) NO. 94-2-22796-3 8 ) vs. ) DECLARATION OF 9 ) RHONDA McCORMACK IN ) SUPPORT OF MOTION 10 CITY OF BELLEVUE, ) FOR PRELIMINARY INJUNCTION 11 Defendant. ) 12 ) 13 Rhonda McCormack, under penalty of perjury under the laws of the State of 14 Washington, declares as follows: 15 1. I am the President of Deja Vu-Bellevue, Inc. 16 2. I am licensed by the City of Bellevue as an adult cabaret manager pursuant to 17 the provisions of BCC 5.08.040(C). 18 3. I have been involved in the adult entertainment industry since 1977. From 1977 19 until 1992, I worked as an entertainer performing stage, table and couch dances for primarily 20 male adult audiences. 21 4. Stage dances involve a strip tease type dance on a lighted stage with spot lights, 22 strobe lights and other visual and sound effects. These dances provide an opportunity for 23 individual entertainers to showcase themselves and create a demand for their individualized 24 dances. • 25 26 Declaration - 1 LAW OFFICES Of Burns&Hammerly 500-108th Avenue N.E. • Suite 770 R.11. ... w• QRAAd • onAl AAA.ACM. 5. Table and couch dances are dances performed for individual patrons in close 1 proximity to the patron. They are dances intended to promote an interaction between the 2 entertainer and the patron so as to give the patron a sense of intimacy with the entertainer 3 and a sense of immediacy of the performance. Because of the limited performance area in 4 which these dances are performed, the entertainers must be athletic and flexible. The close 5_ proximity allows for personal feedback between the entertainer and the patron, and permits 6 the entertainer to individualize her performance and body movements based upon the 7 patron's reaction to the entertainment. Table and couch dances are intended to be erotic and 8 convey a sexual message. The message, while primarily visual, is conveyed by smell (the use 9 of perfume) and sound. In order for the erotic and sensual nature of the message to be 10 conveyed effectively, the dance must be performed in close proximity to the patron. If it is performed at a distance, other environmental factors and distractions destroy the immediacy 11 of the dance and negate, in large part, the effort to communicate a strong sexual urgency. 12 • 6. It is my opinion, based upon my years of experience as an entertainer, that if 13 entertainers are required to maintain a minimum separation of four (4) feet from their 14 patrons, the erotic and sensual message of the their performances will be lost. Equally as 15 important, they will lose the ability to tailor their performances based upon individual 16 responses. 17 7. It is also my opinion, based upon my years of experience as an entertainer and 18 as a person involved in the management of adult cabarets, that very few customers will pay 19 for individual dances where there is a required four foot separation. The different message of 20 . the table and couch dance will be lost. Dances at four feet will be similar in all material 21 respects to free stage dances. 22 Dated at Seattle Washington this c -1 day of February, 1995. 23 24 v" Q0,0'Lr k__ 25 Rhonda McCormack 26 559 Declaration - 2 LAW OFFICES OF Burns&Hammerly 500-108th Avenue N.E. • Suite 770 Bellevue.WA 98004 • (206)646-6546 SENT AY Preston Gates J1=11is ; 3-10-35 2:44Pt, 2055237022-t554C1617300022451725;>t 2 C7/3 0 FY I • . . 1p� 2 3 4 S • IN THE SUPERIOR CO •T OF THE STATE OF WASHINGTON . 6 IN AND FO• T$E COUNTY OF ICING 7 DEJA VU BELLEVUE,INC., a ) 8 Washington corporation, ) ) 9 ) Plaintif ) NO. 94-2-22746-3 10 ) vs. 11 • ) SUPPLEMENTAL MEMORANDUM CITY OF BELLPVUE, ) IN SUPPORT OF MOTION FOR 12 ) PRELIMINARY INJUNCTION ) 13 Defendant. ) 14 15 Plaintiff has challen ged several of the f the provisions of the Ordinances as being violative 16 of express constitutional protections involvin speech, 17 privacy and equal protection. In particular, j 18 Plaintiff has challenged certain provisions as ' as being unconstitutional prior restraints, other ig provisions as being unconstitutional time, p1 a or manner regulations of speech, or violative of 20 equal protection rights and certain of the liceilising pmvisions as violating rights protected by the 21 First Amendment and Article I, §§ 5 and 7 o the Washington State Constitution,. Each of these • 22 areas will be discussed in turn. 23 24 25 • 26 14100 • SUPPLEMENTAL MEMORANDUM- I LAY Of Par a Burns dr Hammerty SDO.106th Ayem+.N.E. • Suite 770 M5e1ue.WA 56004 • 120616464546 .r..n. +.+ •+'i GV.VI+'VY4GV Vri I•V I JiV"SJ r A•MJr$t + LUUOLJi�iLL"•JJ4UIOII�VUVLL4J1lL +iF +� 1 t tr in • • 2 Subsections 1, 2, 3, and 5 of B C 5.08.070(A) are total prohibitions of expressive ' 3 activity, whether or not obscene. As suck they are overly broad and each a prohibited prior 4 restraint. The dramatic works exception ,f the Ordinance, found in section 5.08.070(F), does ' 5 nothing to cure the overbreadth of these p •visions. 6 On March 6, 1995, the Bellevue Ci Council amended section 5.08.070(F) in an attempt 7 9 to cure the defect noted by the Court ' granting the Temporary Restraining Order, The g amendment changed the Iast sentence of the :- tion to read: 10 These exemptions shall not 5A8.100('� of thisapply +. the �� conduct defined in Subsection 11Chapter, or the sexual conduct described in RCW 7.48A,010(2)(bxii)and(pi). 12 This changed has not cured the problem 1 ecnuae it still prohibits performances that are not 13 id obscene. As a consequence, it is overly bro.• and suffers from the vices condemned in O'Day v. 15 King County, 109 WrL2d 796, 749 P.2d 142 1988). 18 For example, section 5.08,010(N)(5) •rohibits the Nouching of the sec organs or anus, 17 whether clothed or unclothed, of oneself or •f one person by another." As a consequence, the 18 dramatic works exception would not protect the classic Michael Jackson performance 19 P ce where he grabs his own crotch. Similarly, an erotic •erformance where a female entertainer simulates 20 21 masturbation by rubbing her genital area thro her clothing would be prohibited. 22 Itt order for the dramatic works ,tion to save the patent unconstitutionality of the 23 various subsections of 5.08.070(A), there may no exception to the declaration that nothing is 24 intended to prohibit dances or Performances I are not obscene. Clearly, by adding exceptions, 25 the City still intends to prohibit dances, •- a • es, or exhibition of a sexual nature that are 26 qUI SUPPLEMENTAL MEMORANDUM-2 ;Aromas Of Burns&Iiammerly no-106th Avenue N.E. •Sutt.770 ' ;' -•,T _;•War ••"4. " •• , ,r.� 6ellew0 WA lao0� • tav�ae es K I � 1 not obscene.' Both the First Amendment and Article 1, §5 of the Washington State Constitution 2 Prohibit such governmental censorship. 3 Muitaimpizong R ! tionn 4 5 The City argues that its regulatio are not subject to scrutiny as time, place or manner regulations because "an adult entertainme t establishment is not a traditional public forum . . .," J3 citing aty of Everett v. Dam, 71 Wn. . 392 859 P P.2d SS (1993). That finding, which is dicta, is totally devoid of any evidentiary pport, conflicts with decisions of the Supreme Court 8 which set out the parameters for de ' 'rig whether a articular 9 P forum is public or private. More importantly, however,the decision in am was baseda challenge 10 upon to a regulation that 11 prohibited an entertainer from touching a p tron in certain ways, The Court in Heim found that A 12 the provision regulated conduct, not speech. Here,BCC 5.08.070(A)(6))(6)[four(4)foot separation requirement]regulates speech, by prescri . the distance that an entertainer must maintain from 13 14 any member of the audience. This regulaes the entertainer's artistic choice as to space, not conduct. Accordingly,unlike Helm,the r _, lation challenged here,does in fact regulate speech. 15 ISIn Seattle%Huff, 111 Wn.2d 923, ..0 7, 767 P.2d.572(1989), the Court described public forums as follows: . 17 18 Public forums are(1)those places w:'ch wby long tradition or • by have been devoted to assembly and debate," P governmente7ryLocal fiat Y any F�ic liss'� v. Perry I.ot;at 19 Educators'A&c'n, 460 U.S. 37, 45, 7- L.Ed.2d 794, 103 S.Ct 948 (1983), or(2) channels of communication used by e public at large for assembly and speech, 20 used by certain speakers,Pe cr's,or the ,':M .,:;.n of certain topics. 21 • 22 , . The City is?3 may P underapparently of the mistaken ' that'tactual"eoaobeowe sexual activity in a perfbraumce • a person lT p engagedguise of calling it .... If this were the Me,every adeJt movie or any pbolegraph 2d of pens a notion turns m sexual activity .. • be proh131eed because ea*toothier engaged in to create • determine the its constitutional oonuitutionvd role on its •-.• It is the a hibition or peribrmanae that is judged to 2!i 2 i or a protection, not the medi, .. of expression; Le. by book phi motion gag performance. WhileAi�ro. where sexually the City clay ,. a legitimate interest in restricting mfaot=from locations explicit performances are offered, I. gas no legitimate interest fa censoring and prohibiting 26nonobrcene peribrntancea for adults. SUPPLEMENTAL MEMORANDUM-3 twvor►,crsof Burma&Hammed, • SOD-100th Avenue N.E. •Suite 770 • aelkvue.WA 98064 •(206)6464546 • 1 Adult entertainment businesses m-.1 this definition Erotic speech and sexually explicit 2 dancing has traditionally occurred in bars aloons and burlesque theatres devoted to that purpose; • 3 i.e., 'channels of communication used: publiclarge for assemblyand by the. at speech, used by 4 certain speakers, or the discussionof certa topics." The businesses are op en°p " to the adult public 5 ant advertise advertise their presentations as would any other theatre. To say that they are not a public 6 forum is to hold that speech activities in movie theatre, convention center or other privately 7' owned room (even if used for political eech) may be regulated with lessened scrutiny than 8 speech occurring on the public streets,high ys and parks. 9 The cases cited by the Court of Ap in.i1eim in support of its conclusion that an adult t0 entertainment business is not a traditional p blic forum are far narrower in their reach and do not 11 support the Court's conclusion. In Seattle . Eze, 111 Wn.2d 22, 32, 759 P.2d 366 (1988), the 12 ordinance involved prohibited loud and ra ous behavior which distuLbs other passengers on a ' 13 public bus, a forum traditionally used for • . .rtation, not speech making. The Court there 14 specifically relied on the decision of the U.S Supreme Court in Lehman u Shaker Heights, 418 • 15 U.S. 298, 304, 41 L.Ed.2d 770, 91 S.Ct 27 4 (1974), where the Court held that "public transit" 16 was not a public forum, In Seattle v Half, 11 Wn.2d 923, 767 P.2d 572(1989), the Court held 17 that speech communicated mmunicated by telephone was a private means of communication, not a traditional 18 public forum. Finally, even the decision of s ivision III relied upon by the Helm Court is readily 19 distinguishable. At issue in Yakima v. I -, 70 Wn.App I, P.2d (1993) was a 20 regulation prohibiting . making a false, • .' unfounded, or exaggerated police report, 21 essentially a private communication to the po ce. • 22 Even if this Court should ultimately d I ermine that an adult business establishment is not a 23 traditional public forum, the regulation is n t valid because the separation requirement is not 24 viewpoint neutral. The challenged regulation Lily applies in locations where erotic sexual speech 25 occurs. The regulation is premised upon an umption, unsupported PPo by anything in the record or 26 AI(c3 SUPPLEMENTAL MEMORANDUM-4 unana DI Burns&Hammerly S00-100th Av,nu•N.E • Sulfa 770 ue,WA�eou4 • (20616464S4b err ..tee-- ,-- — •• —• . 1�i.. r. ...e..•. ..MVVJ Y.114B • 0'-IV ' L•M 1�Mi 1 LVVVLJ IVLL'JJYHIVIIHVVVLL7JIILJ I}f0 1 legislative history, that exposure to erotic . V • speech inevitably leads to secondary effects that 2 justify the City regulating speech without d to the burden on protected speech. Since the • 3 restriction is premised upon the kind.of sp - involved, it is not viewpoint neutral. Only if the • 4 regulation applied to all private theatres, . itoriums and meeting rooms, regardless of the speech 5 involved, would it be viewpoint neutral, Collie.v. Tacoma, 121 Wn.2d, 737, 748-753, 854 6 P.2d 1046(Z993). 7 Here, Chapter 5.08 of the Bellevue ity Code regulates a sp ecific paxSc subject matter, sexually 8 oriented speech. Under the test forntulated in Collier, the regulation challenged is valid only so 9 long as it is narrowly tailored to serve compelling state interest and leaves open ample 10 alternative channels of communication. '., at 753, Regulating the distance between an 11 entertainer and her audience is hardy a com. - ling or fundamental state interest 12 13 Eaual Protection Cialy 14 The regulations of BCC 5.08.070 ( )(6) apply only to entertainers who perform in an 16 "adult cabaret," i.e., a place where "adult • •. ainment" is performed,2 Aduh entertainment 16 generally means any dance or exhibition that involves nudity, the depiction or simulation of sex or 17 sexual activity, or is intended to sexually stimulate."' Inexplicably, the regulations of BCC 78 5.08.070(A)(6)apply even if an entertainer Isilly clothed. 19 On the other hand, clothed entertain performing at a place that does not provide nude, 20 semi-nude or sexually stimulating eat ent are free to 21 appr oaclt their audience without • 22 • 23 2 BCC 5.08.010(A)• 24 s BCC 5.080.010(B). This definition sweeps •'a its reach vi no matter how brier or how insignificant in - . '.. everyh theatre tio night vol ed, in any nudity, production of'Haig or a Las Vegas " to of the production, is involved, including any type review. 28 AvA/ SUPPLEMENTAL MEMORANDUM-5 l,..o,,,a.*Of Burns&Hammerly SOa.106th Awnu.N.L • Suite 770 • - I . .. _ _ Stamm,,WA 980W • 0061646-6546 '1 I••ti ,;' ' I 1 1 1 limitation. They are free to perform at whatever distance they choose from their audience, 2 immune from criminal prosecution. 3 • Article I, § 12 of the state conatitu on provides: 4 No law shall be passed granting t any citizen, class of citizens, or corporation 5 other than municipal, privileges or : nities which upon the same terms shall not equally belong to all citizens or .rations. 6 BCC 5.08.070(AX6) is blatantly 'constitutional under this provision of the constitution. 7 It specifically grants immunity to one of citizens — those who perform in places where 8 constitutionally protected nude or semi-nu•e entertainment is mg offered — while denying that e immunity to those who perform where co :'tutionally protected nude or semi-nude entertainment • 10 is offered. 11 Under traditional equal protectio analysis, a law is scrutinized in different ways, 12 depending on whether or not it involves a " • spect classification' or a "fundamental right." If the 13 law involves a suspect classification or a fimdarnental right, then the "strict scrutiny" test is 14 applied, and the law will be upheld only if .,e City establishes that the law is necessary to serve 15 some compelfutg governmental interest lull goes no further than is essential to further that 16 interest. Nielsen v. Bar Association,90 Wn,2d 818,585 P.2d 1191 (1978). 17 Constitutionally guaranteed rights are "fundamental rights" and legislation affecting the 18 exercise of those rights is subjected to th strict scrutiny test. Dknanceau x Tacoma, 27 19 Wn.App 777, 620 P.2d 533 (1980). Live ertainment is a form of 20 expression protected by the First Amendment,and that protection is not 1 st simply because the entertainment includes nudity. 21 ,Schad v k n Borough f Aft Ephraim!, 452 U. 61, 68 L.Ed.2d 671, 101 S.Ct 2176(1981);Doran • 22 v.Solent Inn,Inc, 422 U.S. 922,45 L.Ed.2 648, 95 S.Ct 2561 (1975); Chase v. Davelaar, 645 23 F.2d 735 (9th Cir 1981). See O'DayKin Cok V. +rty, supra. Because the regulations of BCC g4 5.08.070(A)(6)affect a fundamental right, th strict scrutinyis 25 test applicable. 26 • . 40/ SUPPLEMENTAL MEMORANDUM-6 I MACES Of Burns do Hammerly 500-teeth Aveiwe H.E. •Suite 770 • * _ Bellevue.WA•eaa • tsoi+ as+a 1 It is patently obvious that no co i ell' urg governmental interest is served by granting 2 immunity to clothed entertainers in close . •ximity to patrons in places where children and other 3 young persons maybe Pry and � - • : that immunity to persons performing before an 4 audience that is limited to adults. 5 If a law does not involve ><susp- classification or fundamental right, then the "rational 6 basis" test is applied. Application basis test involves a three-stepinquiry:pPation of the ;owl • (1) does 7 that classification applywithin the designated alike to all m- �• class,(2)whether there is some 8 basis in reality for reasonably distingu' .;ig between those within and without the designated 9 class, and (3) whether the chall enged ' cation has any rational relation to the purpose of the 10 legislation. 1l1yrik v. Pierce Camay Co. ,. „•, , 102 Wn.2d 698,687 P.2d 1152(1984). 1 1 The chap atged.regulations also fail if examined under this test. Here, the regulation 12 satisfies only the first element of the rational basis test. The classification includes all entertainers 13 Performing at adult cabarets. Al to the . -ad element, Plaintiff submits that the City cannot 14 postulate any reasonable grounds for distin wishing between those within and without the class. 15 There is no "basis in reality" for distingut _ between persons who entertain in places offering 16 constitutionally protected nude entertainmen from those entertaining in places not offering such 17 entertainment. There is nothing in the I alive record, or the record before the Court, to j 18 suggest that the effect on an audience oft performer would be any different proximityof a 19 based solelyupon the fact that an adul cabaret alsopresents constitutionally P protected 20 performances that involve some nudity.4 21 22 23 ,r The finding of the Court Of Appeals is Xeist that"the potential ibr public sexual contact or prostitution is 24 much greater in place of adult entertainment than in • place,such as cafes or taverns"Ls 1Yithout citation to the noticed.record or to any authority See ER.20 or study. Plaintiff _.• summits that this finding is one that cannot be Judicially 25and, particularly. the . requirements of ER 201(e). n13u1�oa applies to sit pe'tbratances and a hibition, •t only dance performances. Equally as �0t' the 26 NloCo SUPPLEMENTAL MEMORANDUM-7 tAN ara/ Burns&Hammerly 500.100th Avenue N.E. • suite 770 lichen .WA 90004• t706)646-6546 . - - - --•-. r.. i.v r v ry Jr r . •... V,W a. rv�v .. .. IrLJt.1 y 1 In O'Day v. King Cou,tty,supra, t e ordinance was challenged enged as being violative of equal 2 Protection because it tavernsexempted establishments hold' • mS liquor licenses from the 3 standards of conduct. There, the Court and that the county had at least one valid basis for 4 making;reasonable distinction between -. : •lishments that serve alcohol and adult entertainment 5 businesses that do net serve alcohol, i.e, a • •n must be at least twenty-one years old to enter 6 establishments serving alcohol while to p • .nize a public place of adult entertainment, one need 7 8 only be eighteen years of age. . 9 In the instant case, Plaintiff does no assert a violation ofequal protection because of an 10 exemption for taverns and estabti •shments hiding liquor licenses (there is none in the chapter); 11 rather, it challenges the regulations beca of the broader exemption that accrues to all 12 entertainers who do not perform in adult 13 Only entertainers in adult cabarets are subject id to criminal sanctions for being within four 4) feet of a member of the public, while all other 15 entertainers are free to mingle with their audi without limitation. 18 Finally, with respect to the third el ent of the test, in O'Day, the Court found that the 17 rational connection between th® regulations the purpose of the legislation was the Counts 18 need to protect younger persons,i.e.,those der 21 years of age, from the effects of exposure to 19 nudity. Here, nudity is not an issue since th 20 regulation of BCC 5.08.070(A)(6) applies to fiilly 21 clothed entertainers. Moreover, children, i.e., hose under 1 g years of age,are totally unprotected 22 inasmuch as the regulations apply only to adu cabarets where patrons matt be eighteen years or 23 older to enter. Simply put,the classification I t withstand even a rational basis scrutiny. 24 While the City may argue that Hei is dispositive on this issue, the case is clearly 2s, distinguishable. Heim involved a challenged t a section of the Everett ordinance that prohibited 26 SUPPLEMENTAL �f'07 MEMORANDUM- 8 mev WNW or Bunts&Haramerly 500-1D6th Avenue N.E. •Suite 770 �' _ _ Ikttrvue,WA 96004 • (2061416.6546 1 1 sitting on a patron's lap or separating patron's legs, i.e., physical contact with a patron. 2 Otherwise, the entertainer was not restrict from approaching a patron. The Court found that i t 3 touching a patron was conduct, not speec and therefore no First Amendment or Article 1, §5 I' 4 protection attached. Here, no conduct a touc hing is at issue, only the artistic choices of a 5 performer regarding space. Inasmuch as sp ech alone is involved, strict scrutiny is required. 6 I' si Prgvisions II 7 8 Plaintiff has challenged several of a licensing provisions as being violative of express 9 constitutional protections involving speech privacy. In particulajPlaintiff has challenged the I 10 following provisions for the reasons indi • 11 5.08.040(B)(lxa) Requir ent to supply social security number 12 in •• • privacy concerns! Definition of control person •: e. 13 5.08.040(B)(1 Xc) Info •tion sought not relevant to determination of 14 qualifi :tion for license. 15 5.08.040(13X 1)(d) Inf• •,:on sought not relevant to determination of 18 qualifi tion for license. 1 I i 17 5.08.040(BX1)(e) Informa 'on sought not relevant to'determination of 18 qualific: ion for license. 19 5.05.040(B)(1Xf) Informa ion sought not relevant to'determination of qu. W. .on for license. 20 5.08.040(C)(1)(d) Informs sou sought not relevant to;'determination of qualifi 'on for'license. 1,11 22 5.08,040(C)(4) Failure t„ authorize temporary license for Managers. 23 24 s M applicant's nodal security is privileged. See Public Law 93-579, §7, 26 USC §6103, 42 USC 25 §403(c)(2)and S USC§552(a). Goy, al mend-. such a the City of Bellevue,ihould net be allowed to form waiver of that privilege as a condition of receiving a •,.- to engage in protected speech activity. 28 "IlO b SUPPLEMENTAL MEMORANDUM-9 WM PAVE OF 'I Burns&Harnmerly f00.100fh Avenue N.E • Suloe 770 Bellevue,WA 9l0W • Cl06} 65s6 . 1 5.08.060 U nstitutional(y places burden on applicant to sedc udicial review. Fails to provide for stay • 2 p • : review of administrative decision. 3 5.08.090(A) U , •i atitutionally allows denial of license for acts 4 c• • ''tted in other jurisdictions and based upon cond' ' of others. s it 1. . Plaintiff Deja Yu-Bellevue, Inc.joi : in the Memorandum of Ino Ina, Inc. filed in support e 7 of its Motion For Preliminary Injunction, pages 12-20, G(a„e Bing these same provisions and e incorporates the argument and authorities • - 'n as though fully set forth here. 9 In addition, Deja Yu urges that same provisions violate privacy rights of applicants 10 guaranteed by Article I+ : ' ; § 7 of the W . _ on State Constitution by requiring such applicants to 11 disclose information for which no compellin governmental purpose exists. 12 Before considering a claim under r State Constitution, the Supreme Court requires a 13 discussion of the six non-exclusive criteria t out in State v. Gunwall, 106 Wn.2d 54; 720 P.2d 14 808(1986)in order to determine whether S constitutionalanalysis.ia 15 appropriate. Addressing 18 each of these crite ria, in turn, clearly compel consideration of the broader protection afforded by 17 Article I, §7. ,ii 18 (I). The textual language of the stag constitution Article 1, §7 of the state constitution 19 provides: 20 I 21 No person shall be disturbed in his • 'vale affairs, or his home invaded, without authority of law. 22 The textual language of Article'1, §7 .- . on the 23 protection of a citizen's private affi�ir6. it recognizes an individual's right to privacy • '• no express limitations: As such, it constitutes a 24 mandate that the right of privacy shall not .- diminished by judicial gloss. State r. White, 97 25 Wn.2d 92, 110, 640 P.2d 106I (1982). 2d . l hictiq ! SUPPLEMENTAL MEMORANDUM- 10 Ge►cvnato► .Burro Br Harnnterly SaO-706th Avenue N.E. • Sure 770 6ellevue,WA 9AOo4 •120616444546 i -�—, _'7i' .!- ii . . •—r-7 .. .. . . . ... 1 (2). Significant differences in texts of parallel provisions of the federal and state 2 constitutions. The Fourth amendment to t United States Constitution provides as follows: 3 The right of the people to be secs in their persons, houses, 4 against unreasonable searches and Pea and shall issue, but upon � shall not be violated, and no warrants 5 P probable use, supported by oath or affirmation, and seized. P��particularly describing the place to be searched, and the persons or things to be 8 7 There are significant differences in the t of Article 1, §7 and the Fourth Amendment to the United States Constitution, Our Supr-„ Court has y held that this difference in 9 language is material and allows it to render • more expansive interpretation to Article 1, §7. State v Gurcwall,sue, n20. In State v Chris,.an, 100 Wn.2d 814,676 P.2d 419 (1984),the Court 10 indicated that the difference in language affo . • "heightened heightened protection." 12 (3), State constitutional and cone ,• lawhistory. Our State Constitutional Convention specifically rejected a proposal to adopt 1. siege identical to that of the Fourth Amendment, 13 before adopting Article 1, §7 in it 14 s present •• . State v. Gw wall,surpra,at 66. Article !, §7 'ys declaratory of the common-law right of '.. citizen not to be subjected to search or seizure 15 without a warrant." State v. Ringer, 100 W 2d 686, 691, 674 P.2d 1240 (1983), citing State v. 18 McCollum, 17 Wn.2d 85, 96, 136 P.M 165 1943 17 ( ) (Ivfillard, J., dissenting). In Ringer, at 691, the Court summarized the central principles o the common law is this area. 18 19 [E]very official interference with indi 'dual liberty and security is unlawful unless justified by some existing and specific : • •ry or common law 20 coercion should onlybe rule; .... in general, instance ercio of brought to •` . on individuals and their property at the 21 regular judicial officers • 'rig in accordance with established and known rules of law, and not by exec five officers finally i '. e e acting at their discretion; and �t .r :z: t� an• t•l .; , : I • . •I • 1 . 1� ->11f 23 (emphasis added) •'�l _1: 24 (4). Preexisting stare law. This State has a long history of extending strong protections 23 to persons seized by the police. See, State v. • 'nger,supra, at 690.State v. Heh,nan, 90 Wn.2d 26 Al SUPPLEMENTAL MEMORANDUM- 11 • ewv oriels or Burns dr Hamnterly ro0.1wH,Avenue N.E. • Ult.770 $.► .WA woos • r?OW 64•e5 6 i. I 1 45, 578 P.2d 527(1976 and State a n, 100 Wn.2d 814, 676 P.2d 419 (1984), Them is 2 no reason in the Washington cases to au t that this strop 3 rights should strong protection for individual privacy • not extend into forced di sure by government for what essentially amounts to 4 intelligence gathering purposes_ 5 (5). Differences in structure be en the federal•� and stale constitutions, There is a 6 difference in structure between the federal state constitutions. The United States Constitution 7 is a grant of limited power authorizin the federal government to exercise only those 8 constitutionally enumerated powers expressly delegated to it by the states, whereas our state 9 constitution imposes (imitations on the ° plenary power of the state to do anything not expressly ly forbidden by the state const'tutu or federal law. As noted earlier, Article 1, §7 11 recognizes an individual's right to privacy no express limitations. State v. Ringer,supra, at 12 110. This supports a construction that guar � � tees Protection of Applicant's privacy rights in the 13 context presented here. 14 (6). batters of particular state irate st or local concern. The matter before the Court 15 involves matters that are uniquely of local Lomeli. Any objective of national uniformity is 18 outweighed by overwhelmingpolicy state colidetationa• 17 Giving effect to the heightened proteron afforded by Article 1, §7 of the Washington 18 State Constitution requires that the City p rorde specific, compelling govemmneatal reasons to 19 justify the forced disclosure of information tha:is not necessary to determine whether an applicant 20 is qualified to receive a license, Certainly, minimal amount of information is necessary to 21 identity the applicant and determine their age. eyond that, however,the information sought here • 22 is required only by executive discretion, not , It, in reality, appears to be information sought 23 for intelligence purposes rather than any 1 to immediate need for ficerm:ing purposes. 24 The information requirements challeng here impose a penalty upon persons seeking to 25 exercise speech rights guaranteed b the Phu Y mart to the United States Constitution and 26 )117J MEMORANDUM- 12 uamniF SUPPLEMENTAL Burns do Hamnterly SOD-1Deth Avenue NJ. •Suite 770 Bellevue,WA 98004 • 1104)646-6546 SEN1 BY:Preston Gates &Ellis ; 3-10-95 ; 2:53P1. ; 2056237022-6554C1617300022451725;i114 1 Article 1, § S of the Washington State C nstitution. The same information is not generally 2 rWL°red from other license applicants, M ver, any purported need in order to allocate law • 3 enforcement resotiroes is spurious and illu ry. The locations of these individuals, when their 4 conduct is of concern to the city, i,e., when aging in licensed activity is already known, as are 5 the hours of operation of the adult entertain ent establishments, 8 Compelled disclosure of private and rrdevant information should not be allowed under 7 the wed protection of Article 1, § 7 ' t the showing of a compelling governmental 8 need. 9 DATED this.1 b7 day of March, 199 . 10 11 � - 12 I•__ BURNS W : . ...1S90 13 Attorney for Plaintiff 14 15 18 17 18 19 20 21 22 23 24 25 28 h172 SUPPLEMENTAL MEMORANDUM- 13 omruOF Burgs&Hairrmerly 500.latith Avenue NZ •Sidle 770 i _. tellevueb WA 96064 • R063 i4i•LS44 C\V O�EE"pT UE 1 \,F AR 101995 913 2 The :t j� Shapira Q. 3 • 5 - • 7 . IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON 8 IN AND FOR THE COUNTY OF KING 9 INO INO, INC., ) ) No. 95-2-02025-9. 10 Plaintiff ) • 11 v • 12 CITY OF BELLEVUE, ) 13 Defendant. ) ) 14 DEJA VU-BELLEVUE, INC., a Washington ) No 94-2-22796-3 15 corporation, ) 16 Plaintiff ) 17 v. ) 18 CITY OF BELLEVUE, 19 Defendant. ) ) 20 ) RONDA REMUS, et al., ) No. 94-2-27797-9 21 ) Plaintiffs, 22 MEMORANDUM OF CITY OF v. ) BELLEVUE IN OPPOSITION TO 23 ) PLAINTIFFS'MOTIONS FOR CITY OF BELLEVUE, ) PRELIMINARY INJUNCTION 24 Defendant. ) 25 . ) • 26 • ( CITY OF BELLEVUE MEMORANDUM OPPOSING PRELIMINARY INJUNCTION- 1 OATES &E ELL IS 5003 COLU1.®u CENTER • AI FIRM AVENUE SASOOS.DOC • SEATTLE.WASHING'ON 9tI04.707I TELEPHONE:(206)623-7560 FACSIMILE:(206)623-7022 } 1 I. INTRODUCTION AND SUMMARY OF ARGUMENT 2 The illegal conduct spawned by adult erotic nightclubs is so well known that municipalities 3 may regulate them without conducting new, independent studies.1 The City of Bellevue (the "City"), 4 relying on the experience of jurisdictions such as Pierce County and King County, enacted in 1993 an 5 adult cabaret ordinance to license and regulate such establishments in the City. This ordinance was 6 amended and strengthened in 1994 and 1995.2 7 As Bellevue officials learned, the impact of these clubs in other jurisdictions was appalling: 8 they were associated with rampant prostitution and other forms of sexual misconduct, as well as a 9 variety of other illegal activities, including assaults and drug transactions. Relying on well established 10 Washington and federal case law, the City adopted regulations for adult cabarets that established 11 minimum distances between entertainers and patrons, minimum lighting levels, and licensing 12 requirements. Unlike some municipalities, the City did not seek to ban such establishments or to 13 prohibit any legitimate expression. 14 Plaintiffs' attempt to enjoin these regulations must fail. Numerous cases have upheld distance 15 requirements akin to those adopted by the City as valid regulations of conduct that have at most an 16 incidental effect on protected expression. The City's remaining regulations are also valid. 17 Extraordinary relief--such as a preliminary injunction—cannot be based upon the sweeping but 18 misplaced arguments of the plaintiffs. Their motion for preliminary injunction sh9uld be denied in its 19 entirety. 20 21 22 See Renton v. Playtime Theaters. Inc., 475 U.S. 41, 106 S.Ct. 925, 89 L. Ed. 2d 29 (1985) 23 (Renton satisfied First Amendment standards by relying on prior City of Seattle studies that detailed adverse effects of adult entertainment establishments). 24 2 Bellevue's ordinances governing nude and sex-oriented entertainment are codified in chapter 25 5.08 of the Bellevue City Code ("BCC"), entitled "Cabarets and Adult Entertainment." A copy of chapter 5.08 in its current form is attached as Appendix A. 26 5 7,14 CITY OF BELLEVUE MEMORANDUM • OPPOSING PRELIMINARY INJUNCTION-2 PRES PON GALES&EL:IS 5003 COLUMBIA CENTER SASOOS.DOC 701 FIFTH AVENUE SEATTI$WASHINGTON 98104707E TELEPHONE(206)623-7310 FACSIMILE(206)623-7022 • _ 1 II. STATEMENT OF FACTS • • • 2 In November 1993 the Bellevue City Council adopted the City's first ordinance regulating 3 adult cabarets.3 That ordinance contained the following legislative findings related to the adverse 4 impacts of adult entertainment and the need for regulation: 5 WHEREAS, the City Council is committed to protecting the general welfare of the City through the enforcement of laws prohibiting obscenity, indecency and sexual • 6 offenses while preserving constitutionally protected forms of expression,and based upon public testimony and other evidence and information before it, the City Council 7 finds that: 8 A. Regulation of adult cabarets is necessary because in the absence of such regulation, significant criminal activity has historically 9 and regularly occurred. . . 10 (Emphasis added.) The City Council also found that "substantial and important government interests" 11 provided a basis for regulation of adult cabarets, and that imposing licensing requirements and 12 nominal license fees was reasonable and necessary to further the interests of the City and its citizens, 13 The City's findings were based upon the experiences of several municipalities and its own 14 lengthy study of.the issues. For at least ten years,the City had discussed the proper regulation of 15 adult entertainment establishments. The legislative history emphasizes the City's desire to protect 16 valid constitutional rights of expression. The City heard all views in considering its regulations, 17 including those of plaintiffs' counsel. 18 In 1994 the City further investigated the impacts of adult cabarets. The City considered, 19 among other things, the experiences of King and Pierce Counties and the Cities of Seattle,Everett 20 and Tukwila; The following types of crimes were reported regularly in these jurisdictions, according 21 to a report prepared by the City's police department following its investigation: 22 Prostitution inside the clubs, ranging from oral sex to masturbation Narcotics activity 23 24 3 Ordinance 4602 is attached as Exhibit A to the Declaration of Lori Riordan dated February 22, 1995, and submitted for the cross-motions for temporary restraining order. Each of the 25 declarations submitted by the City for those motions is incorporated into its opposition to plaintiffs' motions for preliminary injunction. 26 • CITY OF BELLEVUE MEMORANDUM 52 5 OPPOSING PRELIMINARY INJUNCTION-3 PRFSTON OKIES&ELLIS 7000 COLUMBIA CENTER SASOOS.f)OC 701 FIFTH AVENUE SEATTLE,WASHINGTON 611104707S TELEPHONE(206)623-75!0 FACSIMILE:(206)6217022 1 Assaults Car prowls 2 Vandalism Money skimming (underreporting of income) 3 Lighting violations Indecent exposure 4 Illegal touching and fondling of the dancers 5 Most dancers had prior convictions for prostitution. The "real money" for dancers, noted the report, 6 is made in so-called "table dancing," where dancers do additional acts for a price, such as "oral sex, 7 exposing themselves, touching customers and being touched by customers." • 8 City police visited adult entertainment establishments operated in Tukwila, Everett and Seattle 9 by the corporate plaintiffs in this case.4 The City also considered a 34-page report from Pierce 10 County police regarding a Talents West club. That report documented numerous instances in which • 11 dancers (some as young as 14 years old) dealt in and used drugs, engaged in prostitution, exposed 12 their genitals to customers, rubbed their breasts in the faces of their customers, and fondled the 13 genitals of their customers.5 14 Detection and punishment of violations in such clubs is often hampered by the low level of 15 lighting, as well as the proximity of the dancers to their customers--the very factors that encourage 16 touching and fondling. The City addressed this in its ordinance with a minimum lighting standard and 17 minimum distance requirements. BCC §§ 5.08.070(A)(1) & (6); 5.08.070(D)(2).6 18 4 According to authorities, most area adult nightclubs are run by either Deja Vu (a Detroit- 19 based entity) or the Talents West organization, with which the Colacurccio family in Seattle has long been associated. See Seattle Times article dated Feb. 25, 1995, attached as Appendix B. 20 S Plaintiffs may argue that the City is limited to supporting the need for its ordinance with 21 empirical, factual evidence that was actually considered at the time the ordinance was passed. This argument has been considered and rejected in the context of similar ordinances passed by King and 22 Snohomish counties. In BSA, Inc. v. King County, 804 F.2d 1104, 1111 (9th Cir. 1986), the Court held that King County could demonstrate its need to regulate the distance between dancers and 23 patrons with police affidavits presented for the first time at trial. The plaintiff in BSA presented no authority in that case, nor have plaintiffs here, "requiring that a legislative body need function like a 24 court of law every time it considers legislation that may implicate the First Amendment." Id. at 1112. 25 6 In an effort to overturn these requirements, plaintiffs engage in ad hominem attacks upon the personal motives of one City Councilmember. Plaintiffs cannot satisfy their burden with such 26 evidence. "It is a familiar principle of constitutional law that the court will not strike down an CITY OF BELLEVUE MEMORANDUM 5 2-4 OPPOSING PRELIMINARY INJUNCTION-4 PRESTGN GATES t ELT.IS 5000 COLUIBU CENTER SASOCIS.DOO 701 F FTN AVENUE SEAT7LE.WASHINGTON 91104.7071 TELEPHONE:(206)623-7500 FACSIMILE:(206)6217072 1 The City's experience with adult cabarets since it enacted chapter 5.08 has been limited to two 2 clubs--Babe's, in the Factoria area, and Papagayo's, in the Overlake area. Babe's is not at issue in this 3 litigation, although the City's experience with that club reflects some of the problems presented by . 4 such establishments.? Papagayo's has had a spotty record, at best. In the two months of the club's 5 operation as an adult cabaret, dancers have repeatedly violated the City's ordinance, as well as state 6 laws against prostitution and lewd conduct. See declarations of Officers Mclvor, Rasko, Preciado, 7 and Kleinknecht submitted with the City's opposition to plaintiffs'TRO motion. 8 The four-foot distance requirement in BCC 5.08.070(A)(6) has not been enforced since this 9 Court granted a temporary restraining order against that one provision of the ordinance on March 3, 10 1995. As the evidence will demonstrate, the four-foot requirement and the other provisions in 11 Chapter 5.08 are content-neutral and regulate conduct, not expression. 12 III. ARGUMENT 13 A. Plaintiffs Cannot Justify the Extraordinary Remedy of a Preliminary Injunction. 14 The burden on a party seeking a preliminary injunction is high. The moving party must prove 15 each of the following: 16 - (1) a clear legal or equitable rights 17 18 otherwise constitutional statute on the basis of an alleged illicit legislative motive." Adult 19 Entertainment Center,Inc. v. Pierce County, 57 Wn. App. 435, 441, 788 P.2d 1102(1990), citing United States v. O'Brien, 391 U.S. 367, 88 S. Ct. 1673, 20 L. Ed.2d 672 (1968). 20 7 Babe's operated without an adult cabaret license. After being enjoined from doing so by the 21 Honorable Charles Johnson, it was found to be in contempt. City of Bellevue v. Factoria Center Investments, et al., King Co. Cause No. 94-2-32814-0. 22 8 This criterion is analyzed by determining the moving party's likelihood of prevailing on the 23 merits. Federal Way Family Physicians. Inc. v. Tacoma Stands Up for Life, 106 Wn.2d 261, 265, 721 P.2d 946 (1986). With respect to the merits of plaintiffs'claims, the City has sought in this 24 memorandum to respond to all of plaintiffs'constitutional challenges. Its ability to do so has been hampered by Ino Ino's flat refusal, during its Rule 30(b)(6) deposition, to identify the sections of the 25 Ordinance that it is challenging, or the bases for its claims. Supplemental briefing may be required to deal with any surprise attacks at the hearing. 26 • CITY OF BELLEVUE MEMORANDUM OPPOSING PRELIMINARY INJUNCTION- 5 PRESTDN GATES et E L S • 3000 COLU►BIA CENTER eAemS.DOC AI FIFTH AVENUE SEATII.E,WASHINGION 90104.7071 TELEPHONE:(206)623.7380 FACSIMILE:(206)623-022 - 1 (2) a well-grounded fear of immediate invasion of that right; and - - 2 (3) the acts complained of are either resulting in or will result in actual and substantial injury to the moving party. 3 Federal Way Family Physicians. Inc. v. Tacoma Stands Up for Life, 106 Wn.2d 261, 265, 721 P.2d 4 946 (1986). Plaintiffs must not only satisfy each of these criteria; they must also do so 5 unambiguously. Id. ("a preliminary injunction'will not issue in a doubtful case."). 6 Legislative enactments are presumed to be constitutional, and "the party challenging the 7 enactment bears the burden of proving it unconstitutional beyond a reasonable doubt." Erickson& 8 Assocs., Inc. v. McLerran, 123 Wn.2d 864, 869, 872 P.2d 1090 (1994). Plaintiffs cannot meet that 9 burden here. 10 11 B. The City's Minimum Distance Requirements Must Be Upheld. 12 Plaintiffs attack the City's requirement that nude dancers perform on an elevated stage, 13 separated from patrons by a railing and an eight-foot distance, as well as its requirement that so-called 14 "table dancers" perform at least four feet away from members of the public. See BCC §§ 15 5.08.070(A)(1) (stage and eight-foot distance); .070(D)(1) (stage, distance, and railing); .070(A)(6) 16 (four-foot distance requirement). The vigor of plaintiffs' challenge to this last requirement stems from 17 the fact that table dancing, as customarily performed in adult entertainment establishments, is highly 18 lucrative. The lucre, however, follows from the illegal conduct and prostitution that are ubiquitous in 19 such "performances."9 It is precisely for this reason that every court to have considered minimum 20 separation requirements enacted by other Washington municipalities has upheld those measures 21 against constitutional attack. 22 • . 23 9 ODay v. King County, 109 Wn.2d 796, 800 n.2, 749 P.2d 142 (1988), gives a few examples of such conduct (e.g., exposing breasts, rubbing them against a customer's face, exposing pubic hair, 24 touching customer's genital area, and performing an act that simulated oral sex). The court observed that the activities of the table dancers in King County er rel. Sowers v. Chisman, 33 Wn. App. 809, 25 658 P.2d 1256 (1983), "included conduct which would be extremely difficult to define as'dancing' and which was arguably obscene." Id. at 813 n.5. 26 • CITY OF BELLEVUE MEMORANDUM 51$ OPPOSING PRELIMINARY INJUNCTION- 6 PRESTON DATES sEILIS • 3000 COLUAffiIA CENTER SASOOS•DOC 701 FIFTH AVENUE SEA1T E.WASHINGION 91104-7071 TELEPHONE(206)n3-7310 FACSIMILE(206)6Z17022 - 1 Many of the secondary impacts associated with adult cabarets, particularly illicit sexual 2 contact, lewd conduct, and prostitution, can be traced to the proximity of naked or scantily clad 3 entertainers to paying customers. See Key. Inc. v. Kitsap County, 793 F.2d 1053, 1059& 1061.n.10', 4 (9th Cir. 1986) (noting testimony that"close contact between dancers and patrons facilitates 5 prostitution"). Close contact between entertainers and members of the public also facilitates illegal 6 commerce. See id. at 1061 ("Separating dancers from patrons would reduce the opportunity for 7 prostitution and narcotics transactions."). The City has an undoubtedly strong interest in mitigating 8 these impacts. • 9 The Washington Supreme Court has held unanimously that separation requirements do not 10 infringe on free expression, but regulate only conduct: 11 . The requirement is aimed not at expression, but only public sexual contact between entertainers and patrons by keeping nude entertainers out of reach of the nearest 12 patron. . . . We hold that it regulates only conduct, which is not protected under article 1, section 5 or the First Amendment. 13 ' O'Day v. King County, 109 Wn.2d 796, 809-810, 749 P.2d 142 (1988). Division I of the Court of 14 Appeals has been equally emphatic: 15 Given the City's interest in prohibiting public sexual contact, regulation of the • 16 proximity between an entertainer and a patron in an adult club is a reasonable exercise of the City's authority. 17 Everett v. Heim, 71 Wn. App. 392, 396, 859 P.2d 55 (1993). 18 Because pure conduct does not enjoy any constitutional protection, these courts have held 19 that it is unnecessary to engage in an analysis that would consider separation requirements as a time, 20 place, or manner restriction. ODay, 109 Wn.2d at 810. Courts that have employed such analysis, 21 however, have uniformly found such requirements justified. Witness the following examples: 22 • The Ninth Circuit upheld Kitsap County's requirement that all dancing take place at least ten 23 feet from any patron. The court in that case observed: "While the dancer's erotic message 24 may be slightly less effective from ten feet. the ability to engage in the protected expression is 25 not significantly impaired." Kev, 793 F.2d at 1061-62 (emphasis added). • 26 • CITY OF BELLEVUE MEMORANDUM 7.P1 OPPOSING PRELIMINARY INJUNCTION- 7 • PRESTON OAras&Fr r tS • s000 cOL maiLA CENTER SASOOS.DOC 701 FIFTH AVENUE WFATTLE,WASHINGTON 91104707i TELEPHONE:(206)623.73E0 • FACSfm.E;(206)623-7022 o � - _ 1 •. The Washington Supreme Court upheld the Liquor Control Board's prohibition of topless - 2 table dancing at floor level and within six feet of a customer. The court concluded: "Thus, 3 not only was the infringement minimal, but the regulation was reasonable and rationally 4 related to the furtherance of legitimate state interests." Bolser v. Liquor Control Board, 90 5 Wn.2d 223, 228, 580 P.2d 629 (1978). 6 • The Ninth Circuit sustained King County's requirement that all nude entertainment be 7 performed on a stage and six feet from the nearest patron. The court held: "Curtailing public 8 sexual contact and sexual criminal offenses represents a significant state interest. . . . [The] 9 distance requirement furthers this interest by keeping nude entertainers just out of reach of the 10 nearest patron." BSA. Inc. v. King County, 804 F.2d 1104, 1111 (9th Cir. 1986) (emphasis. 11 added). 12 • The Washington Court of Appeals upheld the sameordinance in a case affirming an injunction 13 against a cabaret operator who repeatedly flouted the law. The court concluded that the 14 restrictions in the ordinance were "reasonably related to the goal of regulating activity which 15 is legitimately perceived as potentially disruptive of the social order." King County ex rel. 16 Sowers v. Chisman, 33 Wn. App. 809, 815, 658 P.2d 1256 (1983).10 17 Plaintiffs' arguments for striking down the City's minimum distance requirements must fail. 18 19 20 21 'o See also T-Marc. Inc. v. Pinellas County, 804 F. Supp. 1500, 1506-07 (M.D. Fla. 1992) 22 (upholding three-foot minimal separation, which "does not limit access to view dancing, but rather , .. . regulates the manner in which the dancing may be viewed to prevent the secondary effects . ._.. .The - 23 County may regulate the manner of dancing in order to prevent those secondary, effects."). 24 Contrary to Ino Ino's argument, the distance requirements upheld in these cases were all measured from the nearest patron, not just the patron who was the dancer's intended audience. There 25 is no authority for Ino Ino's contention that a distance requirement may not be addressed to the distance between an entertainer and any member of the public. 26 CITY OF BELLEVUE MEMORANDUM 5.30 OPPOSING PRELIMINARY INJUNCTION- 8 PRESTON OATES t ffius SASOOS.DOC • 701 FIFTH AVENUE SEAT LE,WASHINGTON 911047070 TELEPHONE:(206)6217510 FACSIMILE:(206)673.7072 - _ 1 C. Plaintiffs' Overbreadth Claims Are Without Merit. 2 Plaintiffs also challenge chapter 5.08 as unconstitutionally overbroad. "Application of the 3 overbreadth doctrine is strong medicine . . . and should be employed by a court sparingly and only as . 4 a last resort." State v. Halstien, 122 Wn.2d 109, 122, 857 P.2d 270 (1993) (upholding juvenile sexual 5 motivation statute). "The first task in overbreadth analysis is to determine if a statute reaches 6 constitutionally protected speech or expressive conduct." Id. Only if the answer is "yes" need the 7 Court examine "whether the statute prohibits a'real and substantial' amount of protected conduct in 8 contrast to the statute's plainly legitimate sweep." Id. at 122-23; see also Tacoma v. Luvene, 118 9 Wn.2d 826, 839-40, 827 P.2d 1374 (1992). 10 The City's ordinance was carefully drafted to permit the full gamut of potentially expressive 11 conduct, subject to the requirements (1)that the expression not be obscene, (2)that entertainers not 12 commit specified sexual acts, and (3)that licensees comply with conduct regulations such as no- 13 contact rules and minimum distance and illumination requirements. The sexual acts forbidden 14 entertainers by the ordinance(e.g., actual sexual intercourse, oral intercourse, or masturbation) are 15 pure, unprotected conduct." See Chisman, 33 Wn. App. at 813. So long as the entertainers' other 16 activity constitutes nonobscene expression, and so long as there is compliance with the distance and 17 illumination requirements, that activity is not prohibited. Accordingly, the ordinance is not 18 overbroad. See ODay, 109 Wn.2d at 807 (King County's ordinance not overbroad if construed to 19 permit nonobscene expressive conduct, subject to stage requirement); Heim, 71 Wn. App. at 395-97 20 (rejecting overbreadth challenge to conduct restrictions). 21 22 23 11 In response to plaintiffs' concerns, the City amended BCC 5.08.070(F) on March 6, 1995, to clarify that simulated sexual acts are not prohibited unless obscene. BCC 5.08.070(F) now concludes 24 with the following language: "These exemptions [for non-obscene performances, etc.] shall not apply to the sexual conduct defined in § 5.08.010(N) of this chapter or the sexual conduct described in 25 RCW 7.48A.010(2)(b)(ii) and (iii)." (Underlining denotes newly adopted language; the cross- referenced provisions describe specific actual sexual acts or conduct.) 26 • CITY OF BELLEVUE MEMORANDUM 53 I OPPOSING PRELIMINARY INJUNCTION- 9 FRESTON GATES&ELLIS soon COLUMBIA CENTER Gwn:.DOC 701 FIFTH AVENUE SEATTLE,WASHINGTON 92 1 04-70 71f TELEPHONE(706)62}.7560 FACSIMILE:(706)623-7023 _ 1 Plaintiffs specifically allege that the ordinance's definition of obscenity, BCC § 5.08.080(G), is 2 overbroad. The definition of"obscene" in the ordinance properly requires a "patently offensive" 3 determination to be made according to "community standards." See State v. Reece, 110 Wn.2d 766, 4 771-73, 757 P.2d 947 (1988). Such a definition is not constitutionally overbroad. ODay, 109 Wn.2d 5 at 807-08.12 6 D. The City's Ordinance Is Not Unconstitutionally Vague. 7 Plaintiffs challenge two provisions of the ordinance as unconstitutionally vague: BCC § 8 5.08.070(A)(5) (prohibiting performance of"actual or simulated acts of sexual conduct"); and BCC § 9 5.08.070(A)(6) (prohibiting dances, performances or exhibitions in the nonstage area within "four feet 10 from any member of the public"). Plaintiffs cannot sustain this claim. 11 In order to prevail on their challenge for vagueness, plaintiffs must show that these provisions 12 are "framed in terms so vague that persons of common intelligence must necessarily guess at [their] 13 meaning and differ as to [their] application." ODay, 109 Wn.2d at 810.13 As in ODay, the 14 ordinance's prohibition of the performance of"actual or simulated acts of sexual conduct" is subject 15 to the exception for nonobscene expression, and it therefore "gives [plaintiffs] sufficient notice of 16 what conduct is prohibited." ODay, 109 Wn.2d at 811. The ordinance also defines with specificity 17 the actual acts of sexual conduct that are prohibited, whether or not obscene. See note 11, supra. 18 19 20 12 Plaintiffs also argue that BCC § 5.08.070(G) is invalid because the "regulation" of obscenity 21 has been preempted by the State. This section, however, provides an exemption for nonobscene expression, not regulation of obscenity. 'Furthermore, the Washington Constitution permits cities to 22 enact ordinances prohibiting the same acts prohibited by state law, so long as the state enactment is not intended to be exclusive and the city ordinance does not conflict with the general laws of the 23 state. Const. art. 11, § 11;Luvene. 118 Wn.2d at 833. Chapter 7.48A RCW, the state moral nuisance law, contains nothing to indicate a legislative desire for exclusivity, and nothing in the City's 24 ordinance conflicts with state law. 25 13 Plaintiffs must also show that the ordinance is unconstitutional beyond a reasonable doubt. Halstien, 122 Wn.2d at 118. 26 • CITY OF BELLEVUE MEMORANDUM 53 2 OPPOSING PRELIMINARY INJUNCTION- 10 PRESTON GATES aELLIS • 2000 COI.UMEu CENTER SASOOS.DOC 701 FIFTH AVENUE SEATTLE WASHING ON 931047072 TELEPHONE:(206)623.7760 FACSIMILE:(206)6217022 1 The ordinance's prohibition of specific acts and obscene performances defines the prohibited conduct 2 in "a manner that does not encourage arbitrary and discriminatory enforcement." Id. at 811-12.14 3 Nor is there anything impermissibly vague about the ordinance's manner of measuring • 4 distance.. For example, the stage requirement upheld in ODay measured the distance of the stage by 5 reference to the nearest patron. 109 Wn.2d at 808. Persons of common intelligence do not need to 6 guess at the meaning of"member of the public" or "four feet." The vagueness doctrine does not 7 require that legislation satisfy "impossible standards of specificity"; "some degree of vagueness is 8 inherent in the use of language." Halstien, 122 Wn.2d at 118. The proscribed distance is "not 9 unconstitutionally vague merely because a person cannot predict with complete certainty the exact 10 point at which [her] actions would be classified as prohibited conduct." Id. 11 • E. Minimum Lighting Requirements Are Constitutionally Permissible. 12 Plaintiffs attack the City's minimum illumination requirement as an impermissible time, place, 13 or manner restriction on protected speech. This argument is hard to fathom. Illumination does not 14 significantly affect one's ability to speak. What the court said of the stage requirement in ODay is 15 equally true here: "it regulates only conduct, which is not protected under article 1, section 5 or the 16 First Amendment." 109 Wn.2d at 810. Not surprisingly, therefore, illumination requirements in adult 17 entertainment ordinances have been upheld summarily. For example, the Washington Supreme Court 18 noted in World Wide Video, Inc. v. Tukwila, 117 Wn.2d 382, 392, 816 P.2d 18 (1991): 19 [Plaintiff] argues the Tukwila ordinance goes too far in requiring equal lighting 20 throughout the premises rather than merely "sufficient" lighting. The trial court disagreed. We affirm. The minor difference from the ordinance noted in Acorn 21 [requiring that peep show booths be sufficiently illuminated to permit someone outside to determine the number of persons inside] is within the community's discretion and is 22 not unconstitutional. 23 . .. , . 14 The definition of"sexual conduct" in the ordinance would not be vague even without the 24 exception for nonobscene expression. The definition is at least as clear as the definition of"sexual motivation" upheld against a vagueness challenge in Halstien, 118 Wn.2d at 118 ("'Sexual motivation' 25 means that one of the purposes for which the respondent committed the offense was for the purpose of his or her sexual gratification."). 26 CITY OF BELLEVUE MEMORANDUM 533 OPPOSING PRELIMINARY INJUNCTION- 11 PRESTGN GATES t ELLIS • 5000 COUDBIA CENTER sAS00S.DOC 70I FIFTH AVENUE SEATIIF,WASHNGTON 96104707$ TELEPHONE:(206)6717560 FACSIMILE:(06)6217022 - 1 If the minimum illumination requirement is analyzed as a time, place, or manner restriction, it 2 readily passes constitutional muster. Such restrictions are upheld if they(1) are content neutral, (2) 3 are narrowly tailored to serve a substantial state interest, and (3) leave open ample alternative 4 channels of communication. City of Renton v. Playtime Theatres. Inc.,.475 U.S. 41, 47, 52, 106 S. 5 Ct. 1663, 89 L. Ed.2d 29 (1986).15 The City's lighting requirement is concededly content neutral.. It 6 is narrowly tailored to serve the City's substantial interest in preventing the occurrence of, and 7 permitting the detection of, impermissible conduct by and illicit contact between entertainers and 8 patrons.16 Finally, it leaves open ample alternative channels of communication. See Kev, 793 F.2d at 9 1058-62. Plaintiffs' argument that erotic entertainers and their customers are constitutionally entitled 10 to carry on in the dark must be rejected. 11 F. The City's Licensing Requirements Are Valid. 12 Plaintiffs challenge the City's licensing fees and disclosure requirements on a variety of 13 grounds. Plaintiffs' arguments lack merit.17 Licensing requirements raise First Amendment concerns 14 only when they inhibit the ability or the inclination to engage in protected expression. Kev, 793 F.2d 15 at 1060. There is no evidence here that the licenses required to operate, manage, or perform in an 16 17 15 The test is similar to that set forth in United States v. O'Brien, 391 U.S. 367, 376-77, 88 S. Ct. 1673, 20 L. Ed.2d 672 (1968): a regulation is sufficiently justified if it is within the government's 18 constitutional power; if if furthers a substantial governmental interest; if that interest is unrelated to the suppression of free expression; and if the incidental restriction on alleged First Amendment 19 freedoms is no greater than necessary. Barnes v. Glen Theatre. Inc., 501 U.S. 560, 111 S. Ct. 2456, 2460-61, 115 L. Ed.2d 504 (1991). See Kev, 793 F.2d at 1059 n.3 (observing that the last factor is 20 satisfied if the regulation promotes a substantial government interest that would be achieved less effectively absent the regulation). 21 16 Managers as well as police can detect violations in an adequately illuminated facility. The 30 22 lux standard directly serves the City's interest in holding managers responsible for what transpires on their premises: 23 17 For example, Ino Ino argues at length that a 14-day waiting period for a manager's license is 24 "unreasonable" and "an impermissible prior restraint." Motion for Temporary Restraining Order and Order to Show Cause, p. 20. This contention is silly. Unlike an entertainer, a manager is not licensed 25 to engage in expressive conduct. See also World Wide Video, 117 Wn.2d at 392-94 (upholding 30- day license approval period). 26 CITY OF BELLEVUE MEMORANDUM 53 OPPOSING PRELIMINARY INJUNCTION- 12 PRESTON GATES t EL IS • woo COLUMBIA CENTER SASCOS.DOC 701 FIFTH AVENUE SEATTLE,WASHINGTON 94104.7071 • TELEPHONE:(206)6217510 FACSIMILE:(206)623.7022 _ 1 adult cabaret are unduly difficult to obtain or that persons have been discouraged from seeking - 2 them.18 3 Nor can there be any complaint about an absence of standards to guide City officials: as in • 4 Kev, they do not have discretion to deny licenses upon submission of a complete, truthful application 5 and the requisite fee. See id.;BCC §§ 5.08.040(B)(9), 5.08.040(C)(4). The information required 6 from potential licensees is described unambiguously in the Ordinance; no discretion is involved in 7 determining whether an applicant has provided his/her name, fingerprints, the proposed cabaret 8 location, and so forth. 9 1. The City may properly ask applicants about their other licenses and business history. 10 Plaintiffs challenge the requirement that an applicant for an adult cabaret license disclose 11 whether it or any partner, officer or director holds licenses for similar adult entertainment or sexually 12 oriented business and, if so, their names and addresses. BCC § 5.08.040(B)(1)(c). Plaintiffs also 13 challenge the required disclosure of the business history of the applicant and applicant control persons 14 (i.e., partners, corporate officers, directors, and others with significant ownership and management 15 responsibilities)19 in owning and operating sexually oriented businesses, including whether any license 16 has been revoked or suspended. BCC § 5.08.040(B)(1)(d). These requirements are valid.20 17 The Washington Supreme Court has upheld the compelled disclosure of identifying 18 information about owners and others with significant interests in an adult business, based upon their 19 18 The court in Kev rejected the argument that requiring a list of aliases from dancers invaded 20 their privacy. It noted that the requirement would enable the County to monitor more effectively establishments employing known prostitutes. 793 F.2d at 1060 n.5. 21 19 "Applicant control person" is defined in BCC § 5.08.010(D). Deja Vu's challenge to BCC § 22 5.08.040(B)(1)(a) as unconstitutionally vague(Second Amended Complaint, ¶IV(2)(C)) appears to be based on failure to read this definition. 23 20 Ino Ino also challenges the City's requirements that applicants and persons controlling them 24 identify themselves, and that applicants other than sole proprietors provide information pertinent to their partnership or corporate status. The former requirement was expressly upheld in World Wide 25 Video, 117 Wn.2d at 391-92;the latter asks no more than what every public license applicant must disclose. 26 CITY OF BELLEVUE MEMORANDUM . 535 OPPOSING PRELIMINARY INJUNCTION- 13 PRESTON GATES&ELLLS soon COLU BIA CENTER SASOOS.00C 701 FIFTH AVENUE SEATTLE,WASH NGTON 91104-7071 TELEPHONE(206)623-7560 PACS2M1LE(206)623.7022 _ 1 responsibility for management. World Wide Video, 117 Wn.2d at 391-92. The list of persons who 2 must make disclosures under the Bellevue ordinance is the same as the list approved in World Wide, 3 Video. The subject matter of the inquiry is related directly to the City's substantial interest in 4 protecting public health, safety and welfare by deploying regulatory and law enforcement forces to 5 mitigate the secondary impacts associated with adult entertainment establishments. Requiring 6 detailed business information is reasonable and less burdensome than personal information. See TK's 7 Video. Inc. v. Denton County, 24 F.3d 705, 709 (5th Cir. 1994). 8 To be sure, compelled disclosure of association membership can chill protected expression. 9 See NAACP v. Alabama ex re. Patterson, 357 U.S. 449, 461-62, 78 S. Ct. 1163, 1171-72, 2 L. Ed. 10 2d 1488 (1958). For that reason, countervailing state interests must further a substantial government 11 interest. Buckley v. Valeo, 424.U.S. 1, 64, 96 S. Ct. 612, 656,,46 L. Ed. 2d 659 (1975) (per curiam). 12 In other words, there must be a "substantial relation" or "relevant correlation" between the 13 information required and the government interest. Id. Here there is such a correlation. 14 The information sought by the City goes directly to the likelihood that applicants will act 15 responsibly and comply with its requirements for operation of adult cabarets. Based on that 16 information, the City can deploy its law enforcement resources appropriately. The court addressed a 17 similar situation in TK's Video and distinguished other decisions that had invalidated disclosure 18 requirements because there was no fit between asserted ends and chosen means.21 Noting that the 19 municipality sought to curtail the negative side effects of each adult business, the court held: • 20 Disclosure of owner and employee personal history might not be tailored to locating 21 adult businesses, but it does monitor persons with a history of regulatory violations or sexual misconduct who would manage or work in them. These histories are plainly 22 correlated with the side effects that can attend these businesses, the regulation of which was the legislative objective. . . . [E]nds and means are substantially related. 23 Insisting on this fit of ends and means both assures a level of scrutiny appropriate to the protected character of the activities and sluices regulation away from content, 24 training it on business offal. 25 21 See Acorn Investments. Inc. v. City of Seattle, 887 F.2d 219, 224-27 (9th Cir. 1989); Genusa v. City of Peoria, 619 F.2d 1203 (7th Cir. 1980). 26 • CITY OF BELLEVUE MEMORANDUM 5 OPPOSING PRELIMINARY INJUNCTION- 14 PRESfON GATES&ELLIS 7000 COLUMBIA CENTER SASOOS.DOC 701 FIFTH AVENUE SEATTLE,WASHINGTON 91104707E TELEPHONE:(206)623-7500 FACSIMILE:(206)623-7022 _ 1 24F.3dat710. 2 2. The City may inquire about criminal convictions and employment history. 3 The City is also entitled to ask all license applicants about their criminal convictions in the past . • 4 five years and cabaret license applicants about recent employment history. See BCC §§ 5 5.08.040(B)(1)(e), (f) (applications for adult cabaret license); 5.08.040(C)(1)(d) (applications for 6 adult cabaret manager and entertainer licenses). The information sought facilitates the City's record 7 checks and enables it to deploy its enforcement resources in the most effective manner.22 8 In Bayside Enterprises, Inc. v. Carson, 470 F. Supp. 1140, 1148 (M.D. Fla. 1979), as in TK's 9 Video, the court upheld requiring disclosure of criminal convictions. Despite the fact that the 10 information sought could not justify license denial, the court observed: 11 [T]here are legitimate reasons, unrelated to the suppression of first amendment rights, for seeking information about prior criminal misconduct. As with any other business, 12 the City has a bona fide interest in the safe and lawful operation of the businesses licensed under the Code. A license applicant's criminal record could substantially 13 further this interest through facilitating the direction of law enforcement efforts to those areas in which they are most needed. 14 See also T-Marc, Inc. v. Pinellas County, 804 F. Supp. 1500, 1505 (M.D. Fla. 1992) (accord). 15 Similarly, the court in Kev upheld an on-going record-keeping requirement of Kitsap County, 16 observing: 17 Although the business records requirements may impose a limited burden on 18 operators of erotic dance studios, the burden is significantly outweighed by the 19 advancement of the County's interest in preventing the infiltration of organized crime into erotic dance studios. 20 793 F.2d at 1061. The City's requirements should similarly be upheld. 21 • 22 23 24 22 Ino Ino's objection to the City's requirement that license applicants supply two small photos and their fingerprints must also fail. Aliases are so common among adult entertainers that only • 25 pictures and fingerprints are reliable indicia of identity. Fingerprints also enable City police to elicit information from the FBI, including any outstanding warrants. 26 531 CITY OF BELLEVUE MEMORANDUM • OPPOSING PRELIMINARY INJUNCTION- 15 PRESTON GATES&ELLIS SASOOS.DOC 3000 COLUMBIA CENTER 701 FIFni AVENUE SEATILE,WASHINCTDN N104-7078 TELEPHONE(206)623-7380 FACSIMILE(206)623-7022 - _ 1 3. Plaintiffs'privacy claims are devoid of merit. - 2 . Plaintiff Deja Vu alleges that a number of the disclosure requirements in the City's adult 3 cabaret ordinance violate its constitutional right of privacy. Second Amended Complaint, ¶¶ 4 IV(2)(D), (E), (F), (G), and (H). Deja Vu also alleges that the definition of"public"23 and the 5 prohibition of lewd acts24 in the City's lewd conduct ordinance violate privacy rights. Second . 6 Amended Complaint, ¶¶IV(2)(X), (Y). These allegations lack merit. 7 The constitutional right of privacy protects two kinds of interests: the right to autonomous 8 decisionmaking and the right to nondisclosure of intimate personal information. Halstien, 122 Wn.2d 9 at 125 n.8; ()Hartigan v. Department of Personnel, 118 Wn.2d 111, 117, 821 P.2d 44 (1991). 10 Autonomous decisionmaking is clearly not at stake here. Nor does required disclosure of other 11 licenses, business history, recent criminal convictions and employment history invade the realm of 12 "intimate personal information." Even if it did, the privacy interest in confidentiality is not a 13 fundamental right. Id. The City"need only demonstrate, under a rational basis analysis, a legitimate 14 governmental interest which [the requirement] is utilized to achieve." Id. at 118. As demonstrated 15 above, the questions asked of licensees are no more intrusive than reasonably necessary to achieve the 16 City's legitimate interests. 17 . With respect to the City's lewd conduct ordinance, the Washington Court of Appeals has held 18 that an interest in confidentiality 19 does not include the right to engage in sexual activity in a public place. . .Neither is 20 there any privacy claim with respect to those aspects of personality, appearance, and behavior that would ordinarily be exposed in public. 21 22 . 23 "Public' or'public display' means easily visible from a public thoroughfare or from property of 23 others, of in a public place in a manner so obtrusive as to make it difficult for an unwilling person to . . • avoid exposure." BCC § 10A.88.010(C). . 24 24 "Every person who intentionally performs any lewd act in a public place knowing that such 25 conduct is likely to cause reasonable affront and alarm is guilty of a misdemeanor." BCC § 10A.88.030. "Lewd act" is defined in BCC § 10A.88.020(B). 26 CITY OF BELLEVUE MEMORANDUM 5346 OPPOSING PRELIMINARY INJUNCTION- 16 PRESTONOA7ES&ELLIS 2000 MAMMA CENTER SASOOS.00C 701 FIFTH AVENUE SAME;WASHINGTON N1047071 TELEPHONE:(206)621720 FACSEM1LE:(206)6217022 _ 1 Adult Entertainment Center v. Pierce County, 57 Wn. App. 435, 442, 788 P.2d 1102 (1990) 2 (citations omitted).25 Plaintiffs' privacy claims are frivolous. 3 4. The City's license fees are reasonable. 4 BCC 5.08.050 establishes the following license fees: adult cabaret license, $700 per year; 5 adult cabaret manager's license, $100 per year; and adult cabaret entertainer's license, $100 per year. 6 License fees are proper if they are reasonably related to the costs that are incurred or expected to be 7 incurred by a municipality in investigating and processing license applications and conducting 8 inspections, as well as dealing with the secondary impacts of adult facilities. See World Wide Video, 9 117 Wn.2d at 391 (upholding $725 annual fee for panoram operator's license, $100 annual fee for 10 panoram premises license, and $50 annual license fee for each peep show on the premises). The 11 evidence will demonstrate that Bellevue's expected and actual costs exceed the license fees set forth in 12 BCC chap. 5.08. 13 5. Bellevue's appeal procedures provide ample protection. 14 PlaintiffDeja Vu alleges that BCC 5.08.060 acts as a prior restraint "inasmuch as it places the 15 burden on an applicant denied a permit to initiate judicial review." Second Amended Complaint, ¶ 16 2(I). This contention is misplaced: it amounts to an assertion that the City lacks licensing authority. 17 On the contrary: 18 It is well established that the government may, under its police power, require licensing of various activities involving conduct protected by the first amendment. 19 K_ ev, 793 F.2d at 1059 (citations omitted).26 See Bayside Enterprises, 470 F. Supp. at 1149 20 (upholding requirement that applicant must initiate administrative review of a license denial or 21 revocation).27 • 22 23 25 Furthermore, Deja Vu lacks standing to assert any privacy rights on behalf of its customers. Adult Entertainment, 57 Wn. App. at 442. 24 26 In TK's Video, 24 F.3d at 708-09, the court held that an adult business need not be allowed to 25 commence operation without a license pending judicial review. "[A] valid time period within which the County can act carries the implicit rejection of such required interim licensing." Id. at 709. 26 CITY OF BELLEVUE MEMORANDUM • 539 OPPOSING PRELIMINARY INJUNCTION- 17 PRESTDN GATES&F.I3.IS soon COLUn1BIA CEMER. SASOOS.DOC 701 FWfliAVENUE SEAIT LE.WASHING ON 96104-7072 TELEPHONE(206)623-7580 FACSIMILE:(206)623-7022 _ 1 Plaintiffs Remus, Silva and McKnight allege that the ordinance "fails to provide for prompt 2 final judicial review or to maintain the status quo pending judicial review." First Amended Complaint, 3 ¶ 15(e). On the contrary, the ordinance provides for speedy administrative review of any denial of a - 4 license (no more than 45 days from notice of appeal to hearing; no more than 15 days from hearing to 5 decision), and from this review a judicial appeal may immediately be taken. BCC 5.08.060; see also 6 BCC 5.08.090(C) (decision of clerk to suspend or revoke any license shall be stayed pending appeal, 7 except where building official, fire marshal; or health inspector finds conditions constituting "a threat 8 of immediate serious injury or damage to persons or property"). There is no evidence that these 9 procedures have been used to unreasonably delay issuance of licenses. See World Wide Video, 117 10 Wn.2d at 394. Bellevue's appeal procedures cannot be meaningfully distinguished from those that the 11 Washington Supreme Court has unanimously upheld. See id. at 393-94. 12 G. Plaintiffs'Remaining Claims Should Be Dismissed. 13 1. Plaintiffs have no constitutional entitlement to employ nudity outside their premises. 14 Deja Vu asserts that prohibiting use of nude persons or images outside its premises constitutes 15 an invalid prior restraint. BCC § 5.08.070(B)(2) provides that depictions or representations of 16 specified anatomical parts may not be visible outside the adult cabaret. This provision, however, goes 17 no further than assuring that minors and other passers-by are not subjected to intrusive displays that 18 are inappropriate, offensive, or both. Limiting such displays falls well within the City's power to enact 19 reasonable time, place and manner restrictions. See FCC v. Pacifica Foundation, 438 U.S. 726, 98 20 S.Ct. 3026, 57 L.Ed.2d 1073 (1978); Rowan v. U.S. Post Office Dept., 397 U.S. 728, 90 S.Ct. 1484, 21 25 L.Ed.2d 736 (1970). 22 23 27 The City's licensing scheme does not resemble that addressed in Freedman v. Maryland, 380 24 U.S. 51, 85 S.Ct. 734, 13 L. Ed.2d 649 (1965): rather than censoring content, the City's licensing requirements are content-neutral, and the clerk's functions are ministerial rather than discretionary. 25 See International Society for Krishna Consciousness v. City of Houston, 689 F.2d 541, 545-49 (5th Cir. 1982). 26 CITY OF BELLEVUE MEMORANDUM %LIZ OPPOSING PRELIMINARY INJUNCTION- 18 PRESrON GATES&EILIS loon COLU►BIA CENTER SASOOS.DOC 701 FIFTH AVENUE SEATTLE,WASHINGTON 91104707E TELEPHONE(206)6217580 FACSIMILE(206)6217022 1 Plaintiffs' claim must fail for other reasons as well. Public nudity, in and of itself, is not 2 expressive. See Chisman, 33 Wn. App. at 813; Barnes v. Glen Theatre. Inc., 501 U.S. 560, 111 S. 3 Ct. 2456, 2462, 115 L.Ed.2d 504 (1991). If plaintiffs intend to combine nude images with other 4 expression to attract customers, they will be engaging in commercial speech. In Posados de Puerto 5 Rico Assoc. v. Tourism Co. of Puerto Rico, 478 U.S. 328, 106 S.Ct. 2968, 92 L. Ed.2d 266 (1986), 6 the Court upheld restrictions on advertising of casino gambling to residents of Puerto Rico. The 7 Court cited legislative concerns that 8 "[e]xcessive casino gambling among local residents . . . would produce serious harmful effects on the health, safety and welfare of the Puerto Rican citizens, such as the 9 disruption of moral and cultural patterns, the increase in local crime, the fostering of prostitution, the development of corruption, and the infiltration of organized crime." 10 478 U.S. at 341. If such concerns suffice to prohibit commercial speech altogether, they clearly 11 justify the limited restrictions in the City's ordinance. 12 2. The tipping restrictions are constitutional. 13 Plaintiffs argue that BCC § 5.08.070(A)(7), to the extent it prohibits clothed dancers from 14 accepting gratuities directly when performing on stage, is an unconstitutional time, place and manner 15 restriction. A similar restriction has, however, already been upheld in Kev, 793 F.2d at 1061-62. The 16 ordinance challenged in Kev prohibited patrons from tipping any dancer directly. Id. at 1061 n. 9. 17 The Court in Kev noted that "[p]reventing the exchange of money between dancers and patrons 18 would . . . appear to reduce the likelihood of drug and sex transactions occurring on regulated 19 premises. Id. at 1061. The Court also held that the tipping regulation did not significantly burden 20 First Amendment rights: "[W]hile the tipping prohibition may deny the patron one means of 21 expressing pleasure with the dancer's performance, sufficient alternative methods of communication 22 exist for the patron to convey the same message. Thus, the regulations are reasonable time, place, 23 and manner restrictions that only slightly burden speech." Id. at 1062. 24 As discussed above, a primary purpose of the stage requirement is to keep stage dancers out 25 of touching distance of patrons. It would be difficult, if not impossible, for a patron to tip a stage 26 ' ( CITY OF BELLEVUE MEMORANDUM S I OPPOSING PRELIMINARY INJUNCTION- 19 PRESTON GATES&ELLIS 5000 COLUMBIA CENTER SASOOS.DOC 701 Pff IH AVENUE SEATTLE,WASHINGTON 91104-7073 TELEPHONE:(206)623-7530 PACSIMB.$(206)623-7072 _ 1 dancer directly without creating a violation of the distance requirements. Furthermore, the City's 2 ordinance provides a reasonable method for tipping stage dancers: tips can be placed in appropriate • 3 , receptacles or given to the dancer through a manager. BCC § 5.08.070(A)(7). This provides patrons 4 with sufficient alternative methods of communication. 5 ' 3.. The Ordinance permissibly specifies closing hours. 6 Plaintiffs attack the provision in the Ordinance that adult cabarets be closed between 2:00 a.m. 7 and 10:00 a.m. as an unconstitutional time, place and manner restriction. BCC § 5.08.070(E). The 8 City adopted the 2:00 a.m. closing time because that is the time bars close;the City was concerned 9 about potential problems at non-alcohol-serving adult entertainment establishments if bar patrons 10 were to migrate to them after bar closing hours. The City also had before it evidence of secondary 11 effects associated with adult entertainment activity, such as.narcotics activity, prostitution, car prowls 12 and assaults. 13 A much more restrictive closing requirement for adult entertainment establishments was 14 upheld by the Third Circuit in Mitchell v. Comm'n on Adult Entertainment Establishments, 10 F.3d 15 123, 131-39 (3d Cir. 1993).28 A Delaware statute mandated that adult entertainment establishments 16 close between 10:00 p.m. and 10:00 a.m., and all day on Sundays and legal holidays. The Third 17 Circuit first confirmed that the Delaware statute was content neutral: in Mitchell as here, there was 18 no evidence that the legislative body adopted the closing hours requirements because of disagreement 19 with the message the speech conveys, and any effect on the content of speech was not direct but 20 merely incidental to the legislative body's legitimate public health and safety concerns. 10 F.3d at 21 132. 22 The Third Circuit also held that the 10:00 p.m. closing time imposed by Delaware was 23 narrowly tailored to serve substantial governmental interests. The "perceived effects [of adult 24 25 28 See also Star Satellite. Inc. v. City of Biloxi, 779 F.2d 1074, 1079-80 (5th Cir. 1986) (upholding ordinance requiring adult entertainment establishments to be closed between midnight and 26 10:00 a.m., and all day Sunday). • CITY OF BELLEVUE MEMORANDUM • OPPOSING PRELIMINARY INJUNCTION-20 PRESTON GATES&EI1.IS soon COLUMBIA CENTER SAS00.S.DOC 701 FIFTH AVENUE SEATILE.WASHINGION 96L0-707t TELEPHONE:(206)623.75t0 FACSIMILE(206)623-7022 1 entertainment establishments] are akin to those created by a public nuisance," and government 2 accordingly has a substantial interest in controlling the socially undesirable effects incidental to the 3 operation of such establishments. Mitchell, 10 F.3d at 137. As a content-neutral restriction, the 4 closing hours requirement need only"promote[] a substantial government interest that would be 5 achieved less effectively absent the regulation." Id. at 139. 6 Finally, the Mitchell court concluded that adequate alternative channels of communication 7 remained open, where Delaware law "allows those who choose to hear, view or participate publicly in • 8 sexually explicit expressive activity more than thirty-six hundred hours per year to do so." Id. at 139. 9 The City's closing hour ordinance provides four additional hours each day compared to Delaware's 10 law, and it does not mandate closure on Sundays and holidays. 11 IV. CONCLUSION 12 The City's ordinance should be upheld in its entirety. The plaintiffs' claims are rejected by 13 existing case law, and plaintiffs cannot show they are likely to succeed on the merits. 14 The City's ordinance is a carefully crafted response to the problems caused by and inherent in 15 adult erotic nightclubs. The City has not sought to ban these establishments, nor has the City sought 16 to prohibit legitimate expression. The City has only imposed specific conduct and licensing 17 requirements that comport with all applicable constitutional requirements. 18 19 20 21 22 • 23 24 25 • 26 CITY OF BELLEVUE MEMORANDUM OPPOSING PRELIMINARY INJUNCTION-21 FRESTON GATES R ELLIS • 5000 COLUMsu CENTER. SASOOS.DOC 701 FIFTH AVENUE SEATTLE.WASHINGTON 9t10L707E TELEPHONE:(206)623-7580 • FACSIMILE:(206)623-7922 SUAY .ttY 28,1995 RESPECTFULLY SUBMITTED this 9th day of March, 1995. PRESTON GATES&ELLIS By �f�f�9 J�%'La'e Step en A. Smith,wsaA.oeolo Robert B. Mitchell,wsaA.1oei4 Aaron Keyt,wsaA.10411 Attorneys for Defendant City of Bellevue • • RICHARD L. ANDREWS, BELLEVUE CITY ATTORNEY By 71. Richard L. Andrews,wsaA.00197 Lori M. Riordan,wsaA.763ee Assistant City Attorney • • • CITY OF BELLEVUE MEMORANDUM 51-0 OPPOSING PRELIMINARY INJUNCTION-22 PRESTON OATES t 13I.IS 5qS zoo COLUMBIA CENTER SASOOS.DOC 701 FIFTH AVENUE SEATTI.E.WASHINGTON 90104707E TELEPHONE:(796)633.7580 FACSIMILE:(706)CO-7022 5.08.010 -Chapter 5:08 b. Acts of human masturbation, sexual r intercourse or sodomy, or - CABARETS AND ADULT c. Fondling or other erotic touching of . • ENTERTAINMENT human genitals, pubic region, buttocks or female breast; or Sections: • 3. Any exhibition, performance or dance • 5.08.010 Definitions. which is intended to sexually stimulate any mem • - 5.08.020 License required. ber of the public and which is conducted on a reg- • • 5.08.030 License prohibited to certain classes. ular basis or as a substantial part of the premises • . 5.08.040 Application. activity. This includes, but is not limited to, any 5.08.050 Cabaret license fees. • such exhibition, performance or dance performed • 5.08.060 Appeal. for,arranged with or engaged in with fewer than all 5.08.070 Standards of conduct and operation— • members of the public on the premises at that time, Adult cabarets. with separate consideration paid, either directly or 5.08.080 License term—Assignment— indirectly, for such performance, exhibition or Renewals. dance and which is commonly referred to as table 5.08.090 License suspension and revocation— dancing,couch dancing,taxi dancing,lap dancing, Hearing. private dancing or straddle dancing. 5.08.100 Liquor.regulations. C. "Applicant" means the individual or entity 5.08.110 Repealed. seeking a cabaret license in the city of Bellevue. 5.08.120 Violation a misdemeanor. D. "Applicant control persons" means all part- 5.08.130 Nuisance declared. ners,corporate officers and directors and any other 5.08.140 Additional enforcement. individuals in the applicant's business organization 5.08.150 Severabiliry. who hold a significant interest in the adult cabaret business, based on responsibility for management 5.08.010 Definitions. of the adult cabaret business. A. "Adult cabaret"means any commercial pre- E. "Cabaret" means any room, place or space mises, including any cabaret.premises, to which whatsoever in the city in which any music,singing, any member of the public is invited or admitted dancing, or other similar entertainment is permit- and where an entertainer provides live adult enter- ted in connection with any hotel, restaurant, cafe, tainment to any member of the public. club,tavern, eating place,directly selling, serving, B. "Adult entertainment"means: or providing the public, with or without charge, 1. Any exhibition, performance or dance of food or liquor. The words "music and entertain- any type conducted in a premises where such exhi- ment" as used herein, shall not apply to radios or bition, performance, or dance involves a person mechanical devices. who is unclothed or in such costume, attire, or F. "Clerk" means such city employees or clothing as to expose any portion of the female • agents as the city manager shall designate to breast below the top of the areola or any portion of administer this chapter,or any designee thereof. the pubic region, anus, buttocks, vulva or genitals, G. "Employee" means any and all persons, or wearing any device or covering exposed to view including managers, entertainers and independent which simulates the appearance of any portion of contractors who work in or at or render any services the female breast below the top of the areola or any directly related to the operation of any cabaret. portion of the pubic region,anus,buttocks,vulva or H. "Entertainer" means any person who pro- s. genitals, or human male genitals in a discernibly vides adult entertainment within an adult cabaret as turgid state, even if completely and opaquely cov- defined in this section, whether or not a fee is Bred; or • • charged or accepted for entertainment. 2. Any exhibition, performance or dance of I. "Liquor" means all beverages defined in any type conducted in a premises where such exhi- RCW 66.04.200. bition, performance or dance is distinguished or J. "Manager" means any person who manages, • characterized by a predominant emphasis on the directs, administers or is in charge of the affairs depiction, description,simulation or relation to the and/or conduct. of any portion of any activity 1 following specified sexual activities: involving adult entertainment occurring at any a. Human genitals in a state of sexual adult cabaret, and includes assistant managers stimulation or arousal, working with or under the direction of a manager to carry out such purposes.• Jt Exhibit "A" 5 (Revised 2/95) 5-I 0 Page,__of1j Bellevue City Code 5.08.040 . K. "Operator" means any person. operating, 5.08.030 License prohibited to certain classes. _ conducting or maintaining an adult cabaret. . No license shall be issued to: - L. "Person" means any individual, partnership, A. A natural person who has not attained the . . _ . corporation, trust, incorporated or unincorporated. age of 21 years,except that licenses may be issued association,marital community,joint venture,goy- to persons who have attained the age of 18 years . • emmental entity, or other entity or group of per- with respect to cabarets where no intoxicating ' sons however organized. liquors are served or provided. M. "Member of the public" means any cus- B. A person whose place of business is con- torner, patron, club member, or person, other than ducted by a manager or agent,unless such manager an employee as defined in this section, who is or agent possesses the same qualifications required invited or admitted to a cabaret. of the licensee, or in the case of a manager or an N. "Sexual conduct"means acts of: adult cabaret, the manager has obtained a man- 1. Sexual intercourse within its ordinary ager's license. meaning,occurring upon any penetration,however . C. A copartnership, unless all the members slight; or thereof are qualified to obtain a license as provided • 2. Any penetration of the vagina or anus, • in this chapter. Such license shall be issued to the however slight, by an object;or manager or agent thereof. 3. Any contact between persons involving D. A corporation, unless all the officers and the sex organs of one person and the mouth or anus directors thereof are qualified to obtain a license as or another; or provided herein.Such license shall'be issued.to the 4. Masturbation, manual or instrumental, of manager or agent thereof. (Ord. 4692 § 2, 1994; - oneself or of one person by another; or Ord.4602 § 3, 1993; 1961 code § 5.32.030.) _:r 5. Touching of the sex organs or anus, whether clothed or unclothed, of oneself or of one 5.08.040 Application. person by another.(Ord.4735§ 1, 1995;Ord.4692 A. Cabaret License.Any person desiring a cab- § 1, 1994; Ord. 4602 § 1, 1993; 1961 code § aret license required under the provisions of this '5.32.010.) chapter shall file written application with the clerk f on forms provided by the clerk for that purpose.All 5.08.020 License required. applications shall be signed by the applicant and A. It is unlawful for any person to conduct, notarized or certified as true under penalty of per • - manage or operate a cabaret unless such person is jury. A failure to provide all information required the holder of a valid and subsisting license from the . on the form will constitute an incomplete applica- city to do so, obtained in the manner provided in don and will not be processed.The clerk upon pre- this chapter. sentation of a complete application and before act- B. It is unlawful for any person to conduct, ing upon the same shall refer such application to the manage or operate an adult cabaret unless such per- police department for a full investigation as to the son is the holder of a valid and subsisting license truth of the statements contained therein,and as to from the city to do so, obtained in the manner pro- any or all other matters which would aid the clerk vided in this chapter. in determining whether or not such application C. It is unlawful for any entertainer, employee should be granted. After the police department has or manager to knowingly work in or about, or to reported back to the clerk the result of such inves- knowingly perform any service or entertainment Ligation, and within 14 days of the daie of filing of . directly related to the operation of an unlicensed the complete application, if the clerk is satisfied adult cabaret. that the statements contained'in'such application D. It is unlawful for any entertainer to perform are true and that the applicant•meets all require- in an adult cabaret unless such person is the holder mens of this chapter, the .clerk.shall issue the ' • of a valid and subsisting license from the city to do . license applied for, provided however, that if the so. application does not meet the requirements of this E. It is unlawful for any manager to work in an code, then the clerk shall deny such license.appli- adult cabaret unless such person is the holder of a cation. valid and subsisting license from the city to do so. B. Adult Cabaret License. (Ord. 4735 § 2, 1995; Ord. 4602 § 2. 1993; 1961 1. All applications for an adult cabaret code § 5.32.020.) license shall be submitted to the clerk in the name of the person or entity proposing to conduct an adult cabaret on the business premises and shall be 5-11 GX� lt "�A�� 5q (Revised 2/95) Page 2 of_ • 1 5.08.040 • . signed by such person and certified as true under j. A complete set of fingerprints for the penalty of perjury. All applications shall be sub- applicant or each applicant control person, by mittcd on a form supplied by the city, which shall Bellevue police department employees. require the following information: k. A scale drawing or diagram showing . • a. For the applicant and for each appli- the configuration of the premises for the proposed cant control person,provide:Names,any aliases or adult cabaret, including a statement of the total previous names, driver's license number, if any, floor space occupied by the business, and marked • . social security number if any, and business, mail- dimensions of the interior of the premises. Perfor- ing, and residential address, and business tele- mance areas, seating areas, manager's office and phone number. • stations, restrooms and service areas shall be ' b. If a partnership, whether general or , clearly marked on the drawing.An application for limited; and if a corporation, date and place of in- a license for an adult cabaret shall include building corporation,evidence that it is in good standing un- . plans which demonstrate conformance with BCC der the laws of Washington,and name and address 5.08.070. of any registered agent for service of process. 2. An application shall be deemed complete c. Whether the applicant or any partner, upon the applicant's provision of all information corporate officer,or director of the applicant holds requested above, including identification of any other licenses under this chapter or any license. "none" where that is the correct response, and the . for similar adult entertainment or sexually oriented applicant's verification that the application is corn- business, including motion picture theaters and . plete. The clerk may request other information or panoramas,from the city or another city,county or clarification in addition to that provided in a com- state, and if so, the names and addresses of each plete •application where necessary to determine —:-- other licensed business. •compliance with this chapter. _, d. A summary of the business history of 3. A nonrefundable application fee must be the applicant and applicant control persons in own- paid at the time of filing an application in order to ing or operating the adult entertainment or other defray the costs of processing the application. sexually oriented businesses, providing names, 4. Each applicant shall verify,under penalty addresses and dates of operation for such busi- of perjury that the information contained in the nesses, and whether any business license or adult application is true. • entertainment license has been revoked or sus- 5. If any person or entity acquires, subse- pended, and the reason therefor. quent to the issuance of an adult cabaret license, a e. For the applicant and all 'applicant significant interest based on responsibility for man- control persons,any and all criminal convictions or agement or operation of the licensed premises or forfeitures within five years immediately preced- the licensed business, notice of such acquisition ing the date of the application, other than parking shall be provided in writing to the city clerk, no offenses or minor traffic infractions including*the later than 21 days following such acquisition.The dates of conviction, nature of the crime,name and notice required shall include the information location of court and disposition. required for the original adult cabaret license appli- f. For the applicant and all applicant con- cation. trol persons, a description of business, occupation 6: The adult cabaret license,if granted,shall or employment history for the three years immedi- state on its face the name of the person or persons ately preceding the,date of the application.. to whom it is issued,the expiration date,the doing- g. Authorization for the city, its agents • business-as name and the address of the licensed and employees to seek information to confirm any adult cabaret.The permit shall be posted,in•a con- statements set forth in the application. • •spicuous place at or near the entrance to the adult h. The location and doing-business-as cabaret so that it can be easily read at any time the name of the proposed adult cabaret, including a business is open. . legal description of the property, street. address, 7. No person granted an adult cabaret and telephone number,together with the name and license pursuant to this chapter shall operate the address of each owner and lessee of the property. adult cabaret business under a name nor specified i. Two two-inch by two-inch color pho- on the license,nor shall any person operate an adult tographs of the applicant and applicant control per- cabaret under any designation or at any location - ' sons, taken within six months of the date of not specified on the license. application showing only the full face. 8. Upon receipt of the complete application and fec,the clerk shall provide copies to the police, Exhibit- "A_ 5119 (Revised 2/95) 5-12 Page 3 of_1 2, Bellevue City Code . 5.08.040 fire, and community development departments for out an entertainer's or manager's license from the their investigation and review to determine compl- • city.Each applicant for a manager's or entertainer's - ance of the proposed adult cabaret with the laws and license shall complete an application on forms pro- _ regulations which each department administers. vided by the city containing the information iden- Each department shall, within 30 days of the date tified below. A nonrefundable application fee of of such application,inspect the application and pre- S100.00 shall accompany the application. A copy mises and shall make a,written report to the clerk of the application shall be provided to the police whether such application and premises comply department for its review,investigation and recom- with the laws administered by each department.No mendation. All applications for a manager's or . license may be issued unless each department entertainer's license shall be signed by the appli- • reports that the application and premises comply cant and certified to be true under penalty of per- with the relevant laws.In the event the premises is jury.The manager's or entertainer's license appli- not yet constructed,the departments shall base their cation shall require the following information: recommendation as to premises compliance on a. The applicant's name, home address, their review of the drawings submitted in the appli- home telephone number, date and place of birth, cation.Any adult cabaret license approved prior to ' fingerprints taken by Bellevue police department premises construction shall contain a condition that employees, social security number, and any stage the premises may not open for business'until the . names or nicknames used in entertaining. premises have been inspected and determined to be , b. The name and address of each busi- in substantial conformance with the drawings sub- . ness at.which the applicant intends to work. miffed with the application.A department shall rec- c. Documentation that the applicant has • ornmend denial of a license under this subsection if . attained the age of 18 years.Any two of the follow- it finds that the proposed adult cabaret is not in con- ing shall be accepted as documentation of age: • formance with the requirements of this chapter or i. A motor vehicle operator's license other law in effect in the city. A recommendation issued by any state bearing the applicant's photo- for denial shall cite the specific reason therefor, graph and date of birth; including applicable laws. ii. A state issued identification card 9. An adult cabaret license shall be issued by bearing the applicant's photograph and date or the clerk within 30 days of the date of filing a corn- birth; plete license application and fee, unless the clerk iii. An official passport issued by the determines that the applicant has failed to meet any United States of America; of the requirements of this chapter or provide any iv. An immigration card issued by the information required under this subsection or that United States of America;or the applicant has made a false,misleading or fraud- v. Any other identification that the ulent statement of material fact on the application city determines to be acceptable. for a license.The clerk shall grant an extension of - d. A complete statement of all convic- time in which to provide all information required dons of the applicant for any misdemeanor or fel- for a complete license application upon the request ony violations in this or any-other city, county, or of the applicant.If the clerk finds that the applicant state within five years immediately preceding the has failed to meet any of the requirements for issu- date of the application,except parking violations or ance of an adult cabaret license,the clerk shall deny minor traffic infractions. the application in writing and shall cite the specific • e. A description of the applicant's princi- reasons therefor, including applicable law. If•the . . pal activities or services to be rendered. clerk fails to issue or deny the license within 30 f. Two two-inch by two-inch color pho- days,of the date of filing of a complete application tographs of applicant, taken within six months of and fee,the applicant shall be permitted,subject to the date of application showing only the full face. all other applicable law,to operate the business for , g. Authorization for the city, its agents which the license was sought until notification by and employees to investigate and confirm any the clerk that the license has been denied,but in no statements set forth in the application. event may the clerk extend the application review h. Every adult entertainer shall provide time for more than an additional 20 days. his or her license to the adult cabaret manager on C. Adult Cabaret Manager and Entertainer duty on the premises prior to his or her perfor- Licenses. mance.The manager shall retain the licenses of the • 1..No person shall work as a manager,assis- . adult entertainers readily available for inspection tant manager or entertainer at an adult cabaret with- ' • • Exhibit "A° SW 5-12.1 (Revised 2/95) • Page;ot_ 5.08.050 • by the city at any time during business hours of the D. Any person desiring to obtain an adult caba- adult-cabaret. - ret entertainer's license shall first pay a license fee 2. The clerk may request additional infor- of $100.00 per year. (Ord. 4692 §.4, 1994; Ord. motion or clarification.when necessary to deter- 4602 § 5, 1993; 1961 code§ 5.32.050.) mine compliance with this chapter. • 3. An adult cabaret manager's or an adult 5.08.060 Appeal. entertainer's license shall be•issued by the clerk A. Denial of License.Any person aggrieved by within 14 days from"the date the complete applica- . the action of the clerk in refusing to issue or renew lion and fee are received unless the clerk deter- any license issued under this chapter shall have the mines that the applicant has failed to provide any right to appeal such action to the hearing examiner, information required to be supplied according to or to such other hearing body as•may hereafter be this chapter, has made any false, misleading or established by the city council for the hearing of • fraudulent statement of material fact in the applica- license appeals,by filing a notice of appeal with the tion, or has failed to meet any of the requirements clerk within 10 days of notice of the refusal to issue for issuance of a license under this chapter. If the or renew.The appeal shall be processed under Pro- clerk determines that the applicant has failed to cess VI,LUC 20.35.600,et seq.The hearing exam- qualify for the license applied for, the clerk shall .iner or other hearing body shall set a date for deny the application in writing and shall cite the hearing such appeal,to take place within 45 days of specific reasons therefor, including applicable the date of receipt of the notice of appeal.At such laws. If the clerk has failed to approve or deny an hearing the appellant and.other interested persons application for an adult cabaret manager's license may appear and be heard,subject to rules and reg- within 14 days of filing of a complete application, ulations of the hearing examiner or other hearing the applicant may, subject to all other applicable body.The hearing examiner or other hearing body laws, commence work as an adult cabaret manager shall render its decision on the appeal within 15 in a duly licensed adult cabaret until notified by the days following the close of the appeal hearing. clerk that the license has been denied, but in no B. Appeal to Superior Court. Any person 'event may the clerk extend the application review aggrieved by the decision of the hearing examiner time for more than an additional 20 days. or hearing body may appeal to the superior court 4. An applicant for an adult entertainer's for a writ of certiorari,prohibition or mandamus as license shall be issued a temporary license upon provided in LUC 20.35.635.(Ord.4735 § 4, 1995; • receipt of a complete license application and fee. Ord. 4692 § 5, 1994; Ord. 2070 § 3, 1974; 1961 Said temporary license will automatically expire on code § 5.32.055.) the fourteenth day following the filing of the com- plete application and fee,unless the clerk has failed 5.08.070 Standards of conduct and operation to approve or deny the license application in which —Adult cabarets. • case the temporary license shall be valid until the A. The following standards of conduct must be clerk approves or denies the application,or until the adhered to by employees of any adult cabaret while final determination of any appeal from a denial of • in any area in which members of the public are the application. In no event may the clerk extend allowed to be present: the application review time for more than an addi- 1. No employee or entertainer shall be tional 20 days. (Ord. 4735 § 3, 1995; Ord. 4692 § unclothed or in such less than opaque and complete 3, 1994; Qrd.4602§4, 1993; Ord.2070§5, 1974; • attire,costume or clothing so as to expose to view 1961 code § 5.32.040.) any portion of the female breast below the top of the areola or any portion of the pubic region,anus,' - " 5.08.050 Cabaret license fees. buttocks, vulva or genitals, except upon a stage at • A. Any person desiring to obtain a cabaret • least 18 inches above the immediate floor level and license shall first pay a license fee of$400.00 per removed at least eight feet from the nearest mem- year. ber of the public. B. Any person desiring to obtain an adult caba- 2. No employee or entertainer mingling ret license shall first pay a license fee of$700.00 with members of the public shall be unclothed or in 3er year. less than opaque and complete attire, costume or • C. Any person desiring to obtain an adult caba- clothing as described in subdivision 1 of this sub- .et manager's license shall first pay a license fee of section, nor shall any male employee or entertainer $100.00 per year. at any time appear with his genitals in•a discernibly turgid state, even if completely and opaquely cov- Exhibit "A_ 55I (Revised 2/95) 5-12.3 • Page of 12 Bellevue City Code 5.08.070 ered, or wear or use any device or covering which the pubic hair, buttocks, genitals, and/or anus may - simulates the same. - be visible outside of the adult cabaret. 3. No employee or entertainer mingling with No mernber•of the public,shall be permitted at • - members of the public shall wear or use any device any time to enter into any-of the nonpublic portions or covering exposed to view which simulates the of the adult cabaret,which shall include but are not ' • breast below the top of the areola, vulva, genitals, limited to:the dressing rooms of the entertainers or anus, any portion of the pubic region,or buttocks. other rooms provided for the benefit of employees, 4. No employee or entertainer shall caress, and the kitchen and storage areas; except that per- fondle or erotically touch any member of the pub- sons delivering goods and materials,food and bev- lic. No employee or entertainer shall encourage or erages,or performing maintenance or repairs to the - permit any member-of the public to caress,fondle premises or equipment on the premises may be per-' or erotically touch any employee or entertainer. tnitted into nonpublic areas to the extent required 5. No employee or entertainer shall perform , to perform their job duties. actual or simulated acts of sexual conduct as C. The responsibilities of the manager of an defined in this chapter,or any act which constitutes adult cabaret shall include but are not limited to: • a violation of Chapter 7.48A RCW, the Washing- 1.,A licensed manager shall be on duty at an ton Moral Nuisances Statute, or Chapter 10A.88 adult cabaret at all times adult entertainment is BCC. being provided or members of the public are • 6. No employee or entertainer mingling present on the premises. The name and license of with members of the public shall conduct any the manager shall be prominently posted during dance, performance or exhibition in or about the business hours. The manager shall be responsible _.J• nonstage area of the adult cabaret unless that for verifying that any person who provides adult _: dance,performance or exhibition is performed at a entertainment within the premises possesses a cur- distance of no less than four feet from any member rent and valid entertainer's license. - of the public. 2. The licensed manager .on duty shall not — 7. No tip or gratuity offered to or accepted be an entertainer. by an adult entertainer may be offered or accepted . 3. The manager or an assistant manager prior to any performance, dance or exhibition pro- licensed under this chapter shall maintain visual vided by the entertainer.No entertainer performing observation of each member of the public at all upon any stage area shall be permitted to accept any times any entertainer is present in the public or per- form of gratuity offered directly to the entertainer 'formance areas of the adult cabaret.Where there is by any member of the public. Any gratuity offered more than one performance area, or the perfor- to any entertainer performing upon any stage area mance area is of such size or configuration that one must be placed into a receptacle provided for manager or assistant manger is unable to visually receipt of gratuities by the adult cabaret or provided ' observe, at all times, each adult entertainer, each • through a manager on duty on the premises. Any employee, and each member of the public, a man- gratuity or tip offered to any adult entertainer con- ager or assistant manager licensed under this chap- ducting any performance,dance or exhibition in or ter shall be provided for each public or performance about the nonstage area of the adult cabaret shall be area or portion of a public or performance arca visu- placed into the hand of the adult entertainer or into ally separated from other portions of the adult cab:. a receptacle provided by the adult entertainer, and aret. - not upon the person or into the clothing of the adult 4. The manager shall be responsible for and entertainer. shall assure that the actions of metnbers of the pub- B. At any adult cabaret, the following are lic, the,adult entertainers and all other employees required: shall comply with all requirements of this chapter. - 1. Admission must be restricted to persons D. Premises—Specifications. of the age of 18 years or more.It is unlawful for 1. Performance Area.The performance arca any owner, operator, manager or other person in of the adult cabaret where adult entertainment as • charge of an adult cabaret to knowingly permit or described in BCC 5.08.070A1 is provided shall be allow any person under the minimum age specified a stage or platform at least 18 inches in elevation to be in o"r upon such premises. above the level of the patron seating areas, and 2. Neither the performance nor any photo- shall be separated by a distance of at least eight feet graph,drawing,sketch or other pictorial or graphic from all areas of the premises to which members of • representation thereof displaying any portion of the the public have access. A continuous railing at breasts below the top of the areola or any portion of least three feet in height and located at least eight • Exhibit "A" 557. 5-173 Pa Q 6 (Revised 2195) 9 _of12 , • 5.08.080 feet from all points of the performance area shall form on the premises as an adult entertainer,includ- separate the performance area and the patron seat- ing independent contractors and their employees, :ng areas. The stage and the entire interior portion as an entertainer.This information shall be open to of cubicles,rooms or stalls wherein adult entertain- inspection by the clerk during hours of operation of ment is provided must be visible from the common the business upon 24 hours' notice to the licensee. , areas of the premises and at least one manager's 5. Inspections. In order to insure compli- station. Visibility shall not be blocked or obstruct- ance with this chapter all areas of licensed adult . ed by doors, curtains, drapes or any other obstruc- cabarets which are open'to members of the public tion whatsoever. • shall be open to inspection by city agents and 2. Lighting.Sufficient lighting shall be pro- employees during the hours when the premises are vided and equally distributed throughout the public open for business.The purpose of such inspections areas of the premises so that all objects are plainly shall be to determine if the licensed premises are visible at all times.A minimum lighting level of 30. operated in accordance with the requirements of lux horizontal, measured at 30 inches from the this chapter. It is hereby expressly declared that floor and on 10-foot centers is hereby established unannounced inspections are necessary to insure for all areas of the adult cabaret where members of compliance with this chapter. the public are admitted. E. It is unlawful for any adult cabaret to be 3. Signs.A sign at least two feet by two feet, operated or otherwise open to the public between with letters at least one inch high shall be conspic- the hours'of2:00 a.m.and 10:00 a.m. uously displayed in the public area(s) of the pre- F. This chapter shall not be construed to pro- mises stating the following: hibit: 1. Plays,operas,musicals,or other dramatic =`'''� THIS ADULT CABARET IS REGULATED works that are not obscene; BY THE CITY OF BELLEVUE. ENTER- 2. Classes, seminars and lectures which are TAINERS ARE: held for serious scientific or educational purposes and which are not obscene; or A. NOT PERMITTED TO ENGAGE IN 3. Exhibitions, performances, expressions ANY TYPE OF SEXUAL CONDUCT or dances that are not obscene. These exemptions shall not apply to the sexual B. NOT PERMITTED TO APPEAR conduct described in RCW 7.48A.010(2)(b). SEMI-NUDE OR NUDE, EXCEPT ON G. Whether or not activity is obscene shall be STAGE judged by consideration of the following factors: 1. Whether the average person, applying C. NOT PERMITTED TO ACCEPT TIPS • contemporary community standards, would.find OR GRATUITIES IN ADVANCE OF that the activity taken as a whole appeals to a,pru- . THEIR PERFORMANCE rient interest in sex; and 2. Whether the activity depicts or describes D. NOT PERMITTED TO ACCEPT TIPS in a patently offensive way, as measured against DIRECTLY FROM PATRONS WHILE community standards,sexual conduct as described PERFORMING UPON ANY STAGE in RCW 7.48A.010(2)(b); and AREA 3. Whether the activity taken as_a whole lacks serious literary,artistic,political or scientific 4. Recordkeeping Requirements. ' value. (Ord. 4735 § 5, 1995; Ord.4695 § 1, 1994; a. All papers, records, and things Ord. 4692 § 6, 1994; Ord. 4602 § 6, 199-3; 1961 required to be kept pursuant to this chapter shill be code § 5.32.060.) open to inspection by the clerk during the hours ' • when the licensed premises are open for business, 5.08.080 License term—Assignment— upon two days' written notice.The purpose of such Renewals. inspections shall be to determine whether the A. There shall be no prorating of the;license papers, records, and things meet the requirements fees set out in BCC 5.08.050, and such licenses of this chapter. shall expire on the thirty-first day of December of -, b. Each adult entertainment business each year, except that in the event that the original ' hall maintain and retain for a period of two years application is made subsequent to June.30th, then the name, address, and age of each person one-half of the annual fee may be accepted for the employed or otherwise retained or allowed to per • - • .Exhibit 5S3 (Revised 2195) -12' Page 7 of 12 Bellevue City Code 5.08.100 - remainder of said year. Licenses issued under this B. A license procured by fraud or misrepresen- . chapter shall not be assignable. cation shall be revoked. Where other violations of - B. Application for renewal of licenses issued this chapter or other applicable ordinances,statutes - hereunder shall be made to the clerk no later than or regulations are found, the license shall be sus- - 30 days prior to the expiration of adult cabaret pended for a period of 30 days upon the first such licenses,and no later than 14 days prior to the expi- violation,90 days upon the second violation within ' ration of cabaret licenses and adult cabaret man- a 24-month period, and revoked for third and sub- ager and entertainer licenses.The renewal license sequent violations within a 24-month period, not shall be issued in the same manner and on payment including periods of suspension. of the same fees as for an original application C. The clerk shall provide at least 10 days' prior - -under this chapter.There shall be assessed and col- written notice to the licensee of the decision to sus- lected by the clerk,an additional charge,computed . pend or revoke the license. Such notice shall as a percentage of the license fee, on applications inform the licensee of the right to appeal the deci- notmade on or before said date, as follows: sion to the hearing examiner or other designated Days Past Due Percent of License Fee hearing body and shall state the effective date of 7—30 25% ' such revocation or suspension and the grounds for -31 —60 50% revocation or suspension. Such appeals shall be 61 and over 75% processed under Process VI, LUC 20.35.600 et C. The clerk shall renew a license upon applica- seq. The hearing examiner or other hearing body Lion unless the clerk is aware of facts that would • shall render its decision within 15 days following disqualify the applicant from being issued the the close of the appeal hearing. Any person license for which he or she seeks renewal,and fur- aggrieved by the decision of the hearing examiner ._ ther provided that the application complies with all or other designated hearing body shall have the provisions of this chapter as now enacted or as the right to appeal the decision to the superior court by same may hereafter be amended. (Ord. 4692 § 7, writ of certiorari or mandamus as provided in LUC 1994; Ord.2070 § 1, 1974; 1961 code§5.32.070.) 20.35.635.The decision of the clerk shall be stayed during the pendency of any appeal except as pro- 5.08.090 License suspension and revocation— vided in subsection D below. •Hearing. - D. Where the Bellevue building official or fire A. The clerk may,upon the recommendation of marshal or their designees or the King County the chief of police or his designee and as provided health department find that any condition exists in subsection B below, suspend or revoke any upon the premises of a cabaret or adult cabaret license issued under the provisions of this chapter which constitutes a threat of immediate serious at any time where the same was procured by fraud injury or damage to persons or property, said offi- of false representation of fact; or for the violation cial may immediately suspend any license issued of, or failure to comply with the provisions of this under this chapter pending a hearing in accordance chapter or any of the provisions of Chapter 10A.88 with subsection C above. The official shall issue BCC or any other similar local or state law by the. notice setting forth the basis for the action and the licensee or by any of his servants, agents or facts that constitute a threat of immediate serious employees when the licensee knew or should have injury or damage to persons or property, and known of the violations committed by his servants, informing the licensee of the right to appeal the sus- agents or employees; or for the conviction of the pension to the hearing examiner or other designated licensee of any crime or offense involving prostitu- hearing body under the same appeal provisions set tion,promoting prostitution,or transactions involv- forth in subsection C above, ptpvided, however, ing controlled substances(as that term is defined in that a suspension.based on threat of immediate seri- . Chapter 69.50 RCW)committed on the premises, ous injury or damage shall not be stayed during the or the conviction of any of his servants, agents or pendency of the appeal.(Ord.4735 § 6, 1995;Ord. employees of any crime or offense involving pros- 4692 § 8, 1994; Ord. 4602 § 7, 1993; Ord. 2070 § titution, promoting prostitution, or transactions 4, 1974; 1961 code § 5.32.080.) involving controlled substances (as that term is - ' • defined in Chapter 69.50 RCW) committed on the 5.08.100 Liquor regulations. premises in which his cabaret is conducted when Any license issued pursuant to this chapter shall the licensee knew or should have known of the vio- be subject to any rules or regulations of the Wash- lations committed by his servants, agents or ington State Liquor Control Board relating to the employees. - sale of intoxicating liquor.In the event of a conflict • Exhibit "A" 554 5-12.5 (Revised 2/95) Page 8 of 12 s.08.110 • between the provisions of this chapter and the 5.08.150 Severability. applicable rules and regulations of the Washington If any portion of this chapter, or its application State Liquor Control Board, the rules and regula- to any person or circumstances,is held invalid, the dons of.the Washington State Liquor Control validity of the chapter as a whole,or any other por- Board shall control. (Ord. 4692 § 9, 1994; 1961 don thereof, and its application to other persons or code § 5.32.090.) • circumstances, shall not be affected. (Ord. 4692 § 13, 1994.) 5.08.110 •Suspension or revocation of licenses. Repealed by Ord. 4692. (Ord. 2094 § 1, 1974; 1961.code§ 5.32.095.) 5.08.120 Violation a misdemeanor. Ariy person violating any of the provisions of this chapter is guilty.of a misdemeanor.(Ord.2070 • . § 2, 1974;°1961 code § 5.32.100.) 5.08.130 Nuisance declared. A. Public Nuisance..Any adult cabaret oper- ated, conducted, or maintained in violation of this chapter or any law of the city of Bellevue or the state of Washington shall be, and the same is, declared to be unlawful and a public nuisance.The • city attorney may, in addition to or in lieu of any other remedies set forth in this chapter,commence an action to enjoin, remove or abate such nuisance in the manner provided by law and shall take such other steps and apply to'such court or courts as may have jurisdiction to grant such relief as will abate or remove such public nuisance, and restrain and enjoin any person from operating, conducting or maintaining an adult cabaret contrary to the provi- sions of this chapter. B. Moral Nuisance.Any adult cabaret operated, conducted or maintained contrary to the provisions of Chapter 7.48A RCW,Moral Nuisance,shall be, and the same is declared to be,unlawful and a pub- lic and moral nuisance and the city attorney may, in addition to or in lieu of any other remedies set forth herein, commence an action or actions, to abate, remove and enjoin such public and moral • nuisance, or impose a civil penalty, in the manner provided by Chapter 7.48A RCW.(Ord.4692§ 11, 1994.) • L ' • 5.08.140 Additional enforcement. • The remedies found in this chapter are not exclusive,and,the city may seek any other legal or • equitable relief,including but not limited to enjoin- ing any acts or practices which constitute or will constitute a violation of any business license ordi- nance or other regulations herein adopted. (Ord. 4692 § 12, 1994.) —Exhibit "A" (Revised 2/95) 5-12.6 555 Page 9 of 12 WP0428C-ORD 03/02/95 • CITY OF BELLEVUE, WASHINGTON • ORDINANCE NO. 46i/5. AN ORDINANCE amending Ordinance No. 4602, Section • 6; Ordinance No. 4692, Section 6; Ordinance No. 4695, Section 1; Ordinance No. 4735, Section 5; and Bellevue City Code Section 5.08.070 clarifying regulation of adult • entertainment, and declaring an emergency which requires the ordinance be immediately effective. WHEREAS, the City Council finds it necessary to modify regulations for adult cabaret businesses to clarify the definition of sexual conduct and thereby increase the enforceability of this chapter, and to conform it to constitutional • constraints; now, therefore, THE CITY COUNCIL OF THE CITY OF BELLEVUE, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 5. Ordinance No. 4602 Section 6, Ordinance No. 4692, Section • 6, Ordinance No. 4695, Section 1, are hereby amended to read as follows: • W yx,..y„�•ww,v...,r,. These exemptions shall not apply to the sexual conduct ti'ef €i n y.•v..•,vx{;�..rv.;•w�.ww!V•..y:nJ?Ln;.ntnww�..yMY!:..'!^lmwviiwi{..v.�!!viY'.�^:1.:v.}�tt..r•Y.M.w/iivi:4 S ffsedtinn:»5: $ 1O t rsfi <t ;tl to «> tffie is of>baitti.tc: described in ....:...:.....•::..: :•::.:..:.....,., ,.::...,.:.:,..„,.:a..::.::.:..?:::•:::•:::._.......,.i..a,....... ::��aRSa:�:<:ic::ua::�...:::::;::•'t::::av�:%.+c:::::a.4::Y[5:: RCW 7.48A.010(2)(b) )' td` 1 . • A.iO};;nK..iAww...w.w.•. Section 2. The City Council finds that a public emergency exists, and that this ordinance is a public emergency ordinance necessary for the protection • of the public health,. safety, and peace, and should therefore take effect upon adoption. The facts upon which such determination of emergency is based are: 1 . The existing provisions of Bellevue City Code Section 5.08.070(F) provide that the "dramatic works" exemption shall not apply to • sexual conduct, including simulated sexual conduct. That section was not intended to prohibit the simulation of sexual acts which are part of nonobscene protected expression. If it were so construed it would be unconstitutional under the holding of the United States Supreme Court in Miller v. California, • 413 U.S. 15, 37 L.Ed.2d 419, 93 S.Ct. 2607 (1973) and the Washington Supreme Court in O'Dav v. King Cv, 109 Wn.2d 796, 749 P.2d 142 (1988). To avoid such a construction it is necessary to clarify that nonobscene expression involving simulated sexual conduct is not prohibited by that section. • 82 • Exhibit "A_ • Page_L of_ SSIP WP0428C-ORD 03/02/95 Section 3. In accordance with RCW 35A.13.090 this ordinance, as a public emergency ordinance, shall take effect and be in force immediately upon adoption. • PASSED by a unanimous vote of the entire membership of the City Council this day of , 1995, and signed in authentication of its passage this day of , 1995. (SEAL) Donald S. Davidson, DDS, Mayor Approved as to form: Richard L. Andrews, City Attorney • Lori M. Riordan, Assistant City Attorney Attest: • Myrna L. Basich, City Clerk Published • • • • • 83 • Exhibit, °A" SS'? • Page 12 of_ irle �' 1 ut .i.ji. y O • FESRWRY 28,1995 ale CIFInt8 • `I'll never be retire d etired. Not until I'm in the gave' Frank ColacurcioSi : He did • it his wa " • vvith no regrets By SUSAN L;YRNFS � S n- +a`4.4 i .� ; i'} i ?-eL�i� jar' 1 ,J� + AND KATHERINE LONG I. �rsi}'.. -a 4 C i"J7`r- !- 'tom^�A~t' _ _ Searrte Times liar!bureau 4 ..* Y r Y 4 n r tf' For decades, his name conjured t x ` �� :T�� �Y� 1{ _ .t"`� 1 x 6Y:�'f' up a seamy underworld of hand- „¢ , ' •' if x 1' - " }.;'y1 shake deals, bare-breasted a r f `- .A 1, ' ,4.4T--+z K t`+--�. : women and bundles of cash a '4; r`.h A s+ w4 Millions of dollars, several prison ti t a" °c� X _ .1 .1-�yam, c ..,,, terms and dozens of headlines later, f ;.�t S sh �, �,-•; � L {�, ,L�, 4 what's most striking about Frank Cola- ', i �.r ..ti .`''.,i ,a ;3 curcio Sr. is what he's not ominous, I , '-. � `1�,sr c y• ,,� � '' `ic regretful or totally retired. 'J ,t L� ,`�-r .g;f Now banished to the sidelines by the , ' k,,i "t x a <s <�. terms of his probation for a tax-fraud • t } i f•r , , • ' conviction, Seattle's former topless- <, 3r �+ dance king,now nearing 80,is not allowed -,. , •` a--. - , -, �. < •:= to work for or even frequent the adult- 1 < entertainment clubs he once ruled. a - it '' - f .;_ Still, he spends nearly every day at .., ' Talents West. the cramped, cluttered fi ; T.r�$.� , Lake City hiring headquarters for the 't,4-'.;� I tik-.,..zu,f Y j clubs.He says he plays cards,dabbles in ,t "y"f ,.-t ` y `� real estate and gives advice to his son and 5 -���",_- �y other associates who run the strip joints. +- 'r;;`' '' "I'll never be retired retired," says •.,— ' ' 4 f LY. Colacurcio, 78. "Not until I'm in the ,... ., grave." t Out of the spotlight for several years, `' �� the Colacurcio name has resurfaced in l recent weeks with the opening of two adul t t..'1u 1 . •...•r. .' .. it Bellevue's Overlake area and Babe's in `.��s t 1' ,' N , , . c C i; that city's Factoria neighborhood. ��i ,Y :,r rt < r. ` Colacurcio's only son,whom everyone r�,q„r., <„i , ' M calls Frankie,pleaded guilty in the same rl .s:r C;i'i A* J <a .' F 1991 case that prohibited his father from -.�rs��u iyc�.f. working in the business.His parole offi- . a�: - >: R,, eer said a plea agreement designed by his .`r � � T lawyer ensured that Frankie, now 33, r; +Fr t.' Ti' �' + , + 4,1 t would be allowed to run the clubs once he ' �h ' 'k' i,rt�, t< < �41. Yi:. ,.,i.,tj.yJ �,�•; ` r, •-• i was released. ,,.:i-, 5 y t^ • n Still, in divorce papers filed in 1993, kti:'':�` �� ?s`�' 'r t;'1 r: `• , i� Frankie's mother, Jackie — Colacurcio r"."•:�"l ',, 3;' ? � ° +vy Sr.'s wife of36 years—said she believed 1:`[tr;'-.• a '-''� t`., ;..;;�.•.•1.' it `•s 4 her ex-husband was still running the ,'_;/' ,• . ;., 1..•; y1,.-tt SNOW. 1'e n■Lunn,I,S,•rn.r.Tlwr,,1101 Frank Colacurcio Sr.,Seattle'sformer topless dance-club king,is l'LLASF.Sh:t.Colncurcio ON A R back in the news as his son,Frankie.has opened clubs in Bellevue. • II D11 5Li5 . Exhibit__,_, Page`ol ? i - _ *ay- p . a ,-,a, .,,,J ., . - • • err v S." vv N evvv v • - - _I. . says. roar keep so busy,1. got so 1. many things on my mind." ( Like his father, Frankie sees ' Colacurcio fled that the nightclub operator also 'I have a conscience like its associates • reaped in profits over nothing wrong with the adult-enter ' was being investigated for vice,nar- the years remains a mystery. In rainmrnt industry and says he CONTINUED FROM PACE 1 eotics,dangerous drugs,assaultsand everybpdy else.Idon'fflan depositions,Colacurcio has said he doesn't understand what all the pro- prostitution. I did anything thatwould often had$100,000 in cash on hand. tests are about. f A lesser luminary But the detective acknowledged Y g Still,after all the money Colacuf- "I see it no differently than a' i . 1"Aeause in my opinion,he's the that nothing could be substantiated deliberately hurt anyone. do earned- his 1993 divorce re- Denny's, a Fred Meyer or a Hare' J at has all the authority, of kaki-ins with the law. Bill was con-"she Other Colacurcio brothers had -I- a deposition"It's 36 years I've never been an cords listed more than$2 million in Rock Cafe."he says."None will last ' assets - he hardly lives in luxury. if not nun properly." 1" being with him that I've watched.... victed in 1980 of racketeering and extravagant person.I ha His house is jammed between its. The key to a good business,he L I(eel like Frankie,if he had to run it gambling in.New Orleans.in 1988. what I desire.... neighbors on a busy strip of Bothell says,is consistency.i and his father wasn't around,I don't Sami pleaded guilty to profit skim- Way Northeast in Lake Forest Park. Yet he is oonsiitently vague about I think he's capable of doing it." ming Daniel pleaded guilty to cab Naturally,being Italian He dresses in golf shins and a simple• how many g he employs ant t The Colacurcio name still revel- attracting an investigation by provid• gold chain and drives a used Lincoln how many clubs he runs. berates in the cash-rich world of nude ing filse information to investigators and being a man my age, worth s1.500. "I never nay attention."he says women three decades after Colacur- and prosecutors.and Patrick Cola- do love women.. "i've never been an extravagant every time.he's asked.'To tell you do and his brothers, William and curcio pleaded guilty to attempted . person,"he says.quickly adding,"I the truth.my menory's really hazy." 1 Sam, started a jukebox business. trafficking in stolen property,all re- ! That is a source ofoutrage to some lated to the operation of topless CotACURCIo have what I desire." According to legal documents topless bars He says his one indulgence is his property records and what can be :j and frustration to others. in Arizona. t,em ' boat, a 38-foot Bertram called extracted from his)nemory,F iaki. "It's not for lack of trying,"says Besides the assault and tax-eva- 4PLAY, worth about $80,000. He is connected to vat's. Honey's { (orrtuer vice trait supervises for King Sian convictions, Frank Colacurcio• kM1 owns it with a nephew and uses it for Ricks.Fnx's.Paoacavo's and Babe's I County Police, Sgt. Frank Kinney, was Convicted in 1971 of racketeer- curcio pleaded gtuity to two cdumts 4t fishing expeditions in Alaska. dance dubs.In some cases he owns • j who tracked the Colacurdos and ing for bringing illegal bingo cards aiding and assisting in the prepares- After release from prison in 1985 the property;in others he works as a t their associates for years but was into the state. Lion of false income-tax returns m l for tax evasion, he continued to "consultant." never able to deal the blow that During the bingo-card trial,US. 1984. Frankie pleaded guilty to aj,receive consulting fees from Huns Franlde doesn't deny that he of- would knock them out. "In adult attorneys exposed Colacu do's role single felony tax large.Prosecutors.','- Inc..one of the corporations that runs ten turns to his father for advice. entertainment,the beat goes on."- in an extensive payoff and extortion said the Colaaudos bad skimmed# adult-entertainment dubs. Accord- "We've always been very dose: At one time. the Colacurcios system,in which Seattle and King profits at two Alaska topless bars. , ing to his divorce records, he re- he's always given,me advice on dominated the toeless-nirrhtdub in- County police were getting paid in The key to this.case:testimonyl! ceived$480,000 in wages from Huns 'everything,' he says."He gives me • dustry in the Puget Sound area and return for tolerating illegal gambling. by Gilbert Pauole,•the manager d: in 1990,most of which was paid to his advice on what shoes to wear." were financing clubs in Alaska,Ari- -A nightclub owner testified he paid one of the Alaska nightclubs,who is attorneys for legal fees. Frankie pleaded guilty in 1991 to zona,Texas,Oregon and New Mexi- Colacurcio$3,000 a month for police now in the witness-protection pro- Since the divorce settlement,ex- the felony charge of tax fraud but,irlce cq,Sonic in law enforcement believe protection gram. wife Jackie Colacurcio has lived in a his father,says it was a setup. Colacurcio's time in prison opened The extent of Colacrdo's in- Though Colaeurcio admits he modest bayfront home in.Poulsbo, "I've never done anything, '• the door to competition and today volve rent in the nightclub industry isn't a"etraight arrow"he hesitates trying to avoid the spotlight Aside wrong," he says, quickly adding. the Detroit-based Deia S/u chain has may never be known.Thanks to a when aekrd if he in a criminal • from a brief partnership with a friend "Does that include traffic violations? 1, the edge on the number of local strip host of associates„he was often able "How do you define criminal?"he as an interior designer,Jackie Cola- That's been my one drawback." dubs. to remain a silent partner. eramters with a sly smile."I don't curcio says she dedicated her life to He says the months he spent iw Kenney believes the Colacurcios In his 1974 federal court tax- break the law but who knows? raising her only son The divorce prison were"more or less a vara- ( have no connection to East Coast evasion trial,Colacurcio conceded he We've all done things that weren't settlement left her with several prop- lion." crime families but are "their own had interests in a number of estab- right up to kosher." erties in addition to the Poulsbo "It didn't bug me that much ex- variant of organized crime" - a lishm ants but said he often kept his Colacurcio says he doesn't spend house and$3,000 a month,but she cept you don't have womerw which is notion Colacurcao has long scoffed at. interests secret to avoid being denied much-time wondering how'things says she is hardly living in luxury. . horrible,"he says. "Mafia malarkey,"he said recent- liquor licenses by the state Liquor might have been In fad,he credits Frankie is a different story. The elder Colacurcio,after talk- •v."The majority of the attention we Control Board.His conviction in that the trouble with making the good "Some people would call it ex- ing to an unexpected visitor for a:: -asn't deserved." case was reversed on appeal. times seem better.His prison time, travagant,"the younger Colacurcio hour on a recent Friday evening A report issued by the State mostly spent reading westerns,did• says of his lifestyle."I call it comfort-. suddenly looks at his watch ark i /attention Patrol Organized Crime Unit to law- him some good,he reasons.He was able." stands up. 1 The attention began in 1943.Co- enforcement agencies in 1979 al- behind bars for a total of about six Frankie lives with his wife and 14- "I've got to go play," he says I Ixvrcio,the eldest son in a family of leged that Colacurcio controlled a years on separate convictions. year-old daughter in Arlington,Sno- ushering his guest to the door."Nat eight children,was convictedof"car- crime group operating topless tav- "1 have a conscience Re every- homish County,drives a 1991 Car- urally,being Italian and being a ma: r nal knowledge" with a 16-year-old erns and other businesses in the body else,"says Colacurcio."1 don't vette and collects muscle cars as a my age,I do love women." girl. He was 25 at the time and state.Colacurcio strongly denied it. think I did anything that would'delib- • hobby.His income has been estimat- {i worked as a truck driver, hauling In 1991, Frank Sr.and Frankie erately hurt anyone." ed at$800,000 to$1 million a year. Seattle Times staff reporter Louis T. fruits and vegetables from local farms were back in court.The elder Cola- Exactly how much the family and Still, he professes to not even Coisaletti contributed to this report i to wholesale distributors. He was- - I paroled a year later. The trucking business was so I good he took on a partner and set up an office at Western Avenue and 'k Madison Street in Seattle. In the 1 1950s,Colacurcio and his brother Bill were distributing vending,slot,pin- ball and cigarette machines. in 1959,Colacurcio was subpoe- • nae f d by the US. Senate Rackets Investigating Committee to testify in a nationwide probe of the coin-ma- I chine industry.At the same time,the • l local prosecutor said the Colacurcios' . j business efforts had "all the ear- 1 marks"of a well-financed attempt to l take control of the jukebox business in Seattle. Charges were never filed, but • when rival operators claimed`the brothers threatened them with bodi- I ly harm if they didn't join the Cola- curcio Bros. Amusement Co.. the Seattle City Council refused to re- 3 new William Colacurcio's operating I license. I By 1962.Colacurcio had an inter- est in several bars, restaurants or •, 'ttclubs,including a beer garden at • World's Fair, and had brought ' ,.css dancing to Seattle. • The mostly cash businesses kept ' • �'"1 I,t investigators close on his trail,trying L`a' to expose crimes associated with the a—=During11ibit strip clubs. During a 1970 trial, in Exhibit which Colacurcio was found guilty of • assaulting a former bartender wilt Page 2 of 2 • was a police agent.a detective testi 1-n\)Js�� • • LAKE FOREST PARK Adult Entertainment Documents from City of Tukwila • CITY OF TUKWILA INDEX of Tukwila Police Department Reports Date Document Tab 01/14/94 Case Report 94-00449 - Video documentation of 1 01/27/94 dancers: 02/11/94 (Anselmo, Tayloer A. DOB 072562) (Blackman, Quitonna S. DOB 050972) (Donley, Jennifer K. DOB 061370) (Dufour, Kelly Ann DOB 030470) (Kimble, Martha A. DOB 120563) (Meyers, Lath R. DOB 041170) 02/24/94 Case Report 94-6836/A-007 2 (Haddix, Helena Amanda DOB 012373 02/25/94 Case Report 94-6839/A-010 3 (Brink, Shara G. DOB 110272) 03/14/94 Case Report 94-6849/A-020 4 (Lehner, Delilah Theresa DOB 122674) 03/07/94 Case Report 94-6852/A-023 5 (Harris, Theresa Anita DOB 071771) 03/08/94 Case Report 94-6854/A-025 6 (Harris, Monique A. DOB 031670) 03/10/94 Case Report 94-6858/A-030 7 (Morrison, Nicola Edwina DOB 012073) 03/14/94 Case Report 94-5602/A-033 8 (Parker, Mary A. DOB 071867) 03/22/94 Case Report 94-6868/A-045 9 (Jurtsuk, Gabriel DOB 073168) 03/22/94 Case Report 94-6867/A-046 10 (Michaud, Dahmon Rochelle DOB 080272) 03/23/94 Case Report 94-6869/A-046 11 (Nines, Arvilla J. DOB 032671) 04/05/94 Case Report 94-7062/A-060 12 (Meyers, Lani Rochelle DOB 041170) 04/06/94 Case Report 94-7064/A-062 13 (Morrison, Nicola Edwina DQB 012073) 04/11/94 Case Report 94-082/A-009 14 (Parker, Mary A. DOB 07/18/67) 04/11/94 Case Report 94-7068/A-066 15 (Parker, Mary A. DOB 071867) 04/25/94 Case Report 94-7015/A-076 16 (Stisser, Shelly Suzette DOB 010867) 05/12/94 Case Report 94-4942/A-090 17 (Neal, Kimberly B. DOB 112269) 05/26/94 Case Report 94-4944/A-103 18 (Neal, Kimberly B. DOB 112269) (Lee, Hanna Mary DOB illegible) 05/27/94 Case Report 94-4592 19 (Neal, Kimberly B. DOB 112269) (Lee, Hanna Mary DOB unknown) 01/09/95 Case Report 95-280 20 (Hamm, Tiffnay Dawn DOB 041473) 06/14/95 Letter to R. McCormack at Deja Vu from Chief of 21 Police R. Waldner re specific recommendations to comply within the law 07/05/95 Memo to L. Cohen from Sgt. McOmber forwarding 22 copies of "worst" cases from the Deja Vu 07/12/95 Summary of charges and pleas on dancers 23 • -••••••.=- • •,.•- 1 • • . . • • • • . . • • • • . . • • , . . • . . • • • • • • • • • • e --.--r CASE ' NUMBER e_—_,•Oc,/<_/9 Tukwila Police Department ense( de`1-(Offense/InudentLiteral) 1 ❑tmpt .I INCIDENT REPORT FORM /<,/'� p&�7 7 ki i /../...�—TAG 7 .2' I Om*le 'ed Date Reported Time Offense Code 2 2 0 Attempt ^,:i_F' -// / ./.i 0 Complete Location / Offense Code 3 3 0 Attempt /' '// .o/c..- C- .-J ✓ 'r ❑Complete Distna of Occurrence ' RD Disclosure? Occurred Date Occurred Time Dispo(A-Z) Status / How Received • —T— ?�103 t❑Yes Oi/.-i -/ /�-�/S ,4 f ' .- A Q , GENERAL IBR INFORMATION(required on all criminal incide ts) Location Type Offense Related to: CAWNCE TYPE: AA-Arrest Adult Bias Motivation? Domestic Violence? Child Abuse? / 0 Alcohol ❑Somputer ,' Not Applicable CIAJ-Arrest Juv (specify code): ❑�Ges ❑Yes ` '( A ❑ DrugsNot Applicable 0 Exceptional(specify Cade): iA (88) o No Cnminal Activity Weapons Used? Caliber. Length: ESE ITEMS♦ e Units Entered Entry Meth Tools iced Prem.Smith.); — ❑ (sp�H code): Gauge: Grips/Finish: FOR BURGLARY (90) ,REPORTS ONLY J NARRATIVE in...,Z r-fG.C.T:Y-' / O,=-G--<i,-r.<�4'C:7.-'r -/ .-T- /,6:'-‹,—✓-) GL . /A.p /',—.... ,�?-7Z /r lrys-. /JSTit'7. -- /-/ icin-6 L�.....4.•‘-7---/ !:✓c-& . SOLVABILITY ❑01 Suspect arrested ❑04 Suspect can be ID'd ❑07 Witness to crime ❑10 Significant MO present FACTORS: ❑02 Suspect named ❑05 Suspect described ❑08 Crime scene processed ❑11 Useful physical evidence ❑03 Suspect can be located ❑06 Suspect veil described ❑09 Stolen property traceable ❑12 Related/similar incidents INV. Cy4cem 0 Complainant 0 Offender VICTIM ❑Individual ❑Government ❑Other PCN(Process Control Number) • CODES -Witness 0 Registered owner 0 OwNer TYPE ❑Business 0 Religious ❑Unknown Offender Involvement Only 0 Suwt 0 Driver 0 Missing Person CODES 0 Financial Institution 0 SociPublic 0 Police Ofc. 1'io• Stmt. Yes Name(last,first,middle) ace Sex DOB/Age Range taken? 0 No c��,‘..,�' /L//�c c--./',� .✓ /;') — Address City State Zip home P Place o Employment "./••-6 ��%._---/ :—/C. — S /J. E'— / /1cc��s Work Phone OLN State SOC D SID FBI • Heignt Weight Hair Eyes Ethnicity Residency Charge(s)and/or Citation No. Flag SmLody u Arrest T Jail Booking No. Jed 1 A Alias Names/lden Clothing • INV. 0 Victim 0 Complainant 0 Offender VICTIM 0 Individual ❑Government ❑Other PCN(Process Control Number) CODES 0 Witness 0 Registered owner ❑OwNer TYPE 0 Business 0 Religious 0 Unknown Offender Involvement Only 0 Suspect 0 Driver • 0 kissing Person CODES 0 Financial Institution 0 SoOPudIC 0 Police Ofc. No. Stmt ❑Yes Name(last firs;middle) _AdSex I DOB/Age Range taken? ❑No Street Address City State Zip Home Phone Place o Employment • Work Phone OLN State SOC 'T� SID FBI Height Weight FL Eyes Ethnicity ResidencyCharge(s)and/or Citation No. • _ Flag Cush Arrest I Jail Booking No Jan 1 A 2 • • Alias Names/identifiers/Clothing • VEHICLE INFORMATION ' "1 .aspect Vehicle Lie.No. Lic.State Veh.Yr. Vehicle Make Veh.Model VehTypd Color VW t• m Vehicle - -I{°„xipnon Oil. t' lnvestigati ag Officer Badge No. Supervisor ' 1_ ///-/ ti ..--4-7. I. •fir /"!�_.�t�is Rev1142 CASE NUMBER: 94-00449 DATE: 01-14-94 TYPE OF REPORT: CONTINUATION TYPE OF CASE: DEJA VU DANCE CLUB INVESTIGATION - VIDEO DOCUMENTATION IBR CLEARANCE: OPEN 3. Adult entertainer dance club, open for business. 5. On 01-14-93 at approx. 1915 hrs., I began video documentation of the activities which were being conducted inside the Deja Vu Dance Club located at 15011 Pacific Highway South. I was assisted by King County Police Detective Malcom Chang. Chang is currently assigned to King County's Criminal Investigations Section (CIS) . Det. Chang is familiar with the operation of both audio and visual surveillance equipment and techniques. I solicited his help in taking video footage of the inside of the Deja Vu Club. Det. Chang was outfitted with a small video camera which would be utilized to video tape any violations which would be occurring during our time in the club. It was predetermined that we would spend approx. one hour inside the club taking video tape. The tape would include violations which would occur while dancer/employees were performing for me, while they were performing for other patrons, and video tape of managers and waitresses who are aware of the, style of dances which are being given to the patrons. The dances in question are those in which the dancers expose breast and/or .pubic region, and those who are touching the patron for the purpose of exciting and/or arousing the patrons sexual desires. On 01-14-94, Det. Chang and I were in the club from approx. 1915 hrs. to 2015 hrs. While in the club, I received dances from "Crystal", "Kelsie", "Reo", "Montana", and "Rayna" , I would be able to identify all these dancers by stage name and application photograph once I returned to my office at the completion of this portion of the investigation. All the above dancers, except "Rayna", would be captured on video tape. These dancers I had personal contact with. All of them violated the Tukwila Municipal Codes for exposing and touching the patron. The videotape shows the type of dances which were received by these dancers. The video also shows the presence of waitresses and managers which were working at the time and who were observing the violations which were occurring. At no time did any of the waitresses or managers make any attempt to intervene and • 1 I45 0 • • discipline the dancers for their clear violations. Det. Chang and I were seated in the north section of the club. This is the darkest section of the club and is notorious for violations occurring on the couches. The north wall consists of a row of couches which wrap around on the northeast and northwest corners. Det. Chang and I. sat at a small table in front of the couches. The table had three chairs around it, however we were the only two seated at this table. From our table, I could clearly view the main stage, the couches on the north side of the club, the couches in front'of the VIP lounge, the walkway from the bar to the dressing room, and the group of tables in this portion of the club. I had looked around the club and noticed only a few patrons. There was one sailor, in uniform, seated in the far northeast, corner on a couch. This sailor would remain for the hour that I was in the club. I observed approx. three patrons at the front of the main stage. I observed two patrons at separate tables that were . seated to the right of my table and two black . males seated on a couch next to the VIP lounge. There was one other white male seated on a couch on the north wall near the dressing room. In the hour that I was there, only a hand full of other patrons entered the - club. At the time I left the club, the rest of the couches on the north side were occupied by patrons. The video begins with a white male on the couch directly to my left. He is receiving a dance from "Kelsie", Dufour, Kelly Ann DOB 030470. I would later receive a Texas Tease style couch dance from her, and be able to identify her. Dufour allows the patron to touch and caress her legs as she dances. She then uses both of her hands to rub and massage his groin area. The sailor is observed to the left of the monitor screen. Dufour straddles the patron, facing away from him and supporting herself on the table in front of the couch. The patron is - allowed to touch and rub her thighs and buttocks. She then gives him a kiss on his left cheek. Dufour repositions herself so that she now faces the patron and straddles his crotch and groin. Dufour allows the patron to caress her thighs and buttocks. Dufour leans in closer to the patrons face and appears to rub her breasts and press them to the patrons face. Dufour lowers herself and begins to grind her breasts on the patrons crotch. A waitress is observed walking by the couch. Dufour turns around, places her buttocks on the patrons crotch and begins to grind her buttocks in a sexual fashion. The song soon ends. The monitor shows the sailor, who is seated on a corner couch, receiving a dance from "Maria", Kimble, Martha A. DOB 120563 . After the dance, Kimble sits and talks with the sailor. The current dancer on stage is Dufour. - A new dancer appears on stage at the completion of Dufour's performance. This dancer is "Armani", Meyers, Lani R. DOB 04117.0 . . . 2 • JOY Meyers comes down off the stage and contacts the white males seated at the front of the main stage. Meyers allows the patrons to place money in both the front of her bra and the front of her panty. Meyers is then observed leaning over the table and pressing her breasts to the face of one of the patrons. Toward the right of the monitor, a manager is observed walking down the aisleway. Two waitresses are observed in the background. Meyers returns to the main stage to complete her dance and the two patrons are joined by two other dancers who sit with them. At this point I receive a couch dance from "Crystal", Blackmon, Quitonna S. DOB 050972. The sailor is observed getting up and going to the restroom. He later returns to his same couch. There is another dancer on stage who I am unable to identify. Det. Chang adjusts to observe a table dance which is occurring to the right of our table. This dancer is identified as "Montana", Anselmo, Taylor A. DOB 072562 . Anselmo proceeds to press her breasts against the face of the patron. A manager is observed walking by, directly behind the table. The manager then walks back toward the south of the club. A waitress is also visible walking by our table. Anselmo straddles the patrons crotch and lap and begins to grind up and down while on the patrons lap. Another unidentified dancer is on stage. Anselmo is observed escorting the patron from his table. They move to the couch directly behind me and Det. Chang. Anselmo is observed sitting on the patrons crotch. Anselmo rubs her buttocks up and down against the patrons crotch and groin, grinding in a sexual manner. A waitress is observed walking by the couch. The waitress walks by a second time as Anselmo continues to grind and rub her buttocks against the patrons crotch. The patron pays for the dance. The next song is a Texas Tease. This is a complimentary dance by the club. The dancer performs but receives no payment in exchange for the dance. I receive a Texas Tease from Dufour. The sailor who is seated to the left of the monitor, receives a dance from Kimble. Kimble allows the sailor to rub and caress her thigh. both Kimble and the sailor embrace and she remains on his lap even after the song is over. The next song begins and the sailor keeps Kimble for the next dance. Kimble rubs her breasts to the face of the sailor. She allows the sailor to continue to caress her legs. Kimble leans back and begins to grind on the sailor's crotch. Grinding her crotch against his groin. Kimble stands up on the couch, facing the sailor. The sailor is observed rubbing his hands along her legs and appears to rub her crotch against his face. Kimble turns around and faces away from the sailor. The sailor grabs her thighs and pulls her buttocks to his face. Kimble lowers herself and lays across the table directly in front of the couch. She rubs and grinds her crotch against the sailor's crotch as the sailor caresses her buttocks. Kimble starts moving her hips up and down simulating_ a 3 IQ? sexual. act. Kimble continues to allow the sailor to touch and caress her legs and buttocks. Kimble turns around and places her right leg over the shoulder of the sailor. Kimble replaces her leg and then straddles the sailor's lap. Kimble leans back and begins to pump and grind her crotch against the sailor's crotch. A waitress leans into the frame as she delivers drinks to my table. The video then shows Kimble spreading her legs and using her hand to play with herself in a masturbatory fashion. Kimble continues to grind on the sailor's crotch and the two are observed embracing as the song ends. The next song "on the video, I receive a couch dance form "Reo", Donley, Jennifer K. DOB 061370. An unknown white female is observed on the main stage after my dance from Donley. Another dancer is seen going on the main stage after the previous performance. This is a black female adult known as "Indigo" . Her entire performance is on the tape. I receive another couch dance, this dancer is "Montana", who was identified. as Anselmo. Towards the end of the couch dance, a waitress appears in front of the couch. This waitress walks over to the table which is to the immediate right of the couch I am seated at. Anselmo is grinding on my crotch as the waitress is in view. A second waitress arrives and talks with the first waitress. Anselmo is now smothering me with her breasts, in front of the two waitresses. The waitresses are then seen walking away. The song ends and I pay Anselmo for the dance. An unknown white female is observed performing on the main stage. The camera moves around the room and then is repositioned, showing the unlit main stage. At this time a Texas Tease has been announced to the club. I receive a dance from "Rayna", Croteau, Lea A. DOB 051572. This dance would not be captured on the video. Det. Chang gets up from the table and walks around the club getting overviews of the club layout. Kimble is observed performing on the main' stage. The bar area is observed along with the bathroom and then the VIP lounge area. Det. Chang then returns to the table. Prior to leaving the club, the main stage performance of Donley is video taped. Once her performance is complete, Det. Chang and I leave the club. The original copy of this tape has been placed into evidence. No further information at this time. Det. M. T. . Hayden Approval: McOmber _ • ElIncident Number 2L Continuation ; °" King County Police - p Officers Witness Statementa �4 0 i 9 Officers tnes � Continuation/Statement/O.R. Da01-14-94 m 2120 port Name(Last.First.Middle) Residence Phone Business Phone Residence Address City State Zip \Occupation Race Sex DOB ' To Via Subject CASE FILE DIRECT I am a Detective with the King County Department of Public Safety currently assigned to the Criminal Information Section. Some of my responsibilities are to assist in . the operation and maintenance of the audio intercept and video recording equipment assigned to this unit . • • On 01-12-94, I was contacted by Det. Mark Hayden of the Tukwila Police Department' s Special Operations unit who requested my assistance in video recording the interior of DeJa Vu (Topless Club) located at 15011 Pacific. Hwy. So . in the City of Tukwila in an attempt to record violations of the Tukwila Municipal Code (standards of conduct for entertainers/dance violations . ) He said that he would like me to accompany him to this location on 01-14-94 at about 1900 hrs. He further stated that he wanted me to video record him as he received dances from the female entertainers at this business as well as any other dance violations I may see along with a general over view of the interior of this club. )n 01-14-94 at approx. 1715 hrs . , I . prepared the equipment to be used by placing a new Maxell GX-MP 120 8mm video tape in a Sony GV-U5 8mm video cassette recorder and attaching to it a Chinon video camera. At 1835 hrs . , I met • with Det . Hayen in his office at the Tukwila Police Department . At approx. 1906 hrs . , I activated the Sony video recorder. At about 1915 hrs . , we arrived at DeJa Vu and walked into this establishment and took a seat at one of the tables in the north/east portion of the club which faced the stage. • During this period of time, I observed numerous dancers to be approaching the male patrons who were seated in the near vicinity of me and asking them if they would like a dance. Throughout this time, I saw many of the dancers providing private dances for the patrons who were seated at the couches and upon completion of these dances, the patrons were seen giving money to them. From my vantage point, I could see many of the dancers while dancing for these patrons to be exposing their bare breasts and pubic areas while rubbing their bodies against each patron. In some instances, some of the dancers were rubbing the crotches of patrons in an up and down motion with their hands, buttocks, and vaginal areas masturbating their clients from the out side of their trousers . • During this time, I pointed the hidden video recording device at some of the violations I could see throughout the club as well as towards Pet`tiv=Hayden as he received approx. 5 dances . /07 •�''-'•••T`:?f\�^����•t.•-R'r• rut o. upennsor reviewing Date Copies to MaW6601 o m Chang • 0779' #291 KCP (C-102C) 1ro1 IP • Page of n PAGE TWO 94-00449/SPECIAL INVESTIGATIONS JANUARY 14, 1994 At about 2020 hrs . , we exited this business and returned to my office. Det . Hayden and I discussed the dancers that danced for him and identified the following dancers who performed for him: • 1) Quintana Blackman Sheena (possible stage name) (Black female) 2) Unknown white female • 3) _ Rio Hispanic/White female 4) Montana White female 5) Unknown white female At 2115 hrs .", I removed the video tape from the Sony video recorder and made two original working copies of this tape by placing them on two 3M T-120 VHS video cassette tapes and provided them to Det . Hayden. At 2230 hrs . , I gave the original video tape, (Maxell GX-MP 120 8mm video tape) to Det . Hayden so that he could submit it into his evidence system with his department . EQUIPMENT USED: Sony GV-U5 8mm video cassette recorder; ser. # 1035232 Chinon video camera Maxell GX-MP120 8 mm video tape 3M T-120 VHS video cassette tapes • 200 Det . Malcolm Chang 07796 #291 I UISVVILN f"'•JLI'.,L i.m.r-rrs I r nro.-rvi r ' "*" / ... PROPERTY / EVIDENCE FORM , , CASE NO. INVOLVEMENT CODES (maximum 3 per item) EVIDENCE NO. G-'•evidence I-To be destroyed L-Lost A-Analyze for . ound, unknown owner S-Stolen D-Damaged controlled substance z! / 1 A-Safekeeping,known owner R-Recovered 0-Other P-Process for printsO ITEM NO. I Inv.Code(s Quantity Item Name Brand Model/Style Caliber Value Owner Rtn to stock?: ✓/ ENO / --�JA�' /1�1/-,�,.��c�� G�/t�� — TPA ❑Yes Color Serial Number Desaptan /?p--c.,,ti --��o=-- ,�f/-A/c,l. (A �,.,..../, v.: •" Evidence.Type .✓/t T — v.n7. S� IBR INFO Property Type Offense Code Loss Type Dale Reported Stolen Date/ Q Recovered Drug Typeuantity Measure Evidence Storage Location(ET use ony) • ITEM NO. I I . Inv.Code(s'Quantitj Item Name Brand - ModeVStyle Caliber Value Owner Rtn to stock? _ ❑Yes ❑No Color Serial Number. Description Evidence Type • IBR INFO Property Type Offense Code Loss Type Date Reported Stolen Date Recovered Drug Type Quantity Measure Evidence Storage Location(ET use ony) ! EM NO I I ILName.Codes,Quantity hem Brand Model/Style Caliber Value Owner Rtn to stock? ❑Yes Cl No - Color Serial Number Desorption .' • Evidence Type IBR INFO Property Type Offense Code Loss Type.Date Reported Stolen Date Recovered Drug Type Quantity Measure Evidence Storage Location(ET use only)) ITEM NO. I I Inv.Code(s Quantity hem Name Brand • Model/Style Caliber Value Owner Rtn to stock? ❑Yes O No Color Serial Number Desorption Evidence Type IBR INFO Property Type Offense Code Loss.Type Date Reported Stolen Date Recovered Drug Type Quantity Measure Evidence Storage Location(ET use any) ITEM NO. I I Inv.Code(s Quantitl hem Name Brand ModeVStyle Caliber Value Owner Rtn to stock? O Yes ❑No Color Serial Number ,.Desorption Evidence Type .-J-BB INFO 'rty Type Offense Code Loss Type Date Reported Stolen Date Recovered Drug Type . Quantity Measure Evidence Storage Location(ET use my) __I , 20/ Total Loss: $ Total Recovery: $ Submitted by: Badge: Date Time . Evidence received by: (ET use on Date Time � ^—,i Rev.OU93 CASE NUMBER: 94-00449 DATE: 01-27-94 TYPE OP REPORT: CONTINUATION TYPE OP CASE: DEJA VU DANCE CLUB INVESTIGATION - VIDEO DOCUMENTATION IBR CLEARANCE: OPEN 3. Adult entertainer dance club, open for business. 5. On 01-27-94 at approx. 2135 hrs., I completed a second video documenting the activities which were being conducted inside the Deja Vu Dance Club located at 15011 Pacific Highway South. I was assisted by King County Police Detective Malcom Chang. Chang is currently assigned to King County's Criminal Investigations Section (CIS) . Det. Chang is familiar with the operation of both audio and visual surveillance equipment and techniques. I solicited his help in taking video footage of the inside of the Deja Vu Club. Det. Chang was outfitted with a small video camera which would be utilized to video tape any violations which would be occurring during our time in the club. It was predetermined that we would spend approx. one hour inside the club taking video tape. The tape would include violations which would occur while dancer/employees were performing for me, while they were performing for other patrons, and video tape of managers and waitresses who are aware of the style of dances which are being given to the patrons. The dances in question are those in which the dancers expose breast and/or pubic region, and those who are touching the patron for the purpose of exciting and/or arousing the patrons sexual desires. On 01-14-94, Det. Chang and I were in the club from approx. 1915 hrs. to 2015 hrs. While in the club, I received dances from ."Tenessa" and "Robin" . I would be able to identify both these dancers by stage name and application photograph once I returned to my office at the completion of this portion of 'the investigation. Neither of these dancers would be captured on video tape. These dancers I had personal contact with. both of them violated the Tukwila Municipal Codes for exposing and touching the patron. Det. Chang and I were seated in the south section of the club. • The south wall consists of a row of couches. Det. Chang and Isat at a small table in front of the couches. The table had three chairs around it, however we were the only two seated at this 1 zoa- 0 table. From our table, I could clearly view the main stage, the couches on the south side of the club, the couches in front of the VIP lounge, the walkway from the bar to the dressing room, the entry way to the club, the bar area, and the group of tables in this portion of the club. I had looked around the club and noticed only a few patrons. There were five patron sitting at two table directly to the left of our table. There were approx. eight other patron at various table on the north side of the club. Several dancer were seated on the, couches in front of the VIP area. it is. to be noted that only a few patrons received dances from the dancers during this hour Det. Chang and I were in the club. This video begins and shows the entry to the club. The doorman and south club area is visible on this portion of the video. Patrons are visible, seated a various tables and the bar area and entryway are visible. Waitresses are visible in the background. The VIP area is also visible. The rest of this video only shows a small portion of the activity inside of the club. Det. Chang was positioned poorly and the camera was at an angle facing down. It is also to be noted that only a few of the patrons spent money on dances. The end of the video shows the south portion of the club and the bar area. The original copy of this tape has been placed into evidence. No further information at this time. • • • Det. M. T.• Hayden Approval: McOmber_ 2 nn .C1J� Continuation Incident Number TIJK IILA'P.D. 0 Statement <JJ King County Police ol 4 0 0 Orr Officers Witness Statement `, Continuation/Statement/O.R. 01-27-94 1 2355 1111����k Officers Report Name(Last.First.Middle) Residence Phone 'Business Phone Residence Address City State Zip Occupation Race Sex DOB To Via Subject CASE FILE DIRECT i 5 I am'.a Detective with the King County Department of Public Safety currently assigned to the Criminal Information Section. Some of my responsibilities are to assist in the operation and maintenance of the audio intercept and video recording equipment assigned to this unit . . On 01-24-94, I was contacted by Det . Mark Hayden of the Tukwila Police Department' s Special Operations unit who requested my assistance in video recording the interior of DeJa Vu (Topless Club) located at 15011 Pacific Hwy. So . in the City of Tukwila in an attempt to record violations of the Tukwila Municipal Code (standards of - conduct for entertainers/dance violations . ) He said that he would like me to accompany him to this location on 01-27-94 at about 2130 hrs . He further stated that he wanted me to video record him as he received dances from the female entertainers at this business as well as any other dance violations I may see along with a general over view of the interior of this club paying particular attention to the , front ' entrance and bar area where the managers would be . On 01-27-94 at approx. 2030 hrs . , I prepared the equipment to be used by placing a new Maxell -GX-MP 120 .8mm video tape in a Sony GV-U5 8mm video cassette recorder and attaching to it a Chinon video camera. At 2115 hrs . , I met with Det . Hayden in his office at the Tukwila Police Department . • At approx. 2130 hrs . , I activated the Sony video recorder. At about 2135 hrs . , we arrived at DeJa Vu and walked into this establishment and took a seat at one of the tables in the south portion of the club which faced the stage. • During this period of time, I observed numerous dancers to be approaching the male patrons who were seated in the near. .vicinity of me as well as on the north side of the club and asking them if they would like a dance. Throughout this time, I saw a few of the dancers providing private dances for the patrons who were seated at the couches and upon completion of these dances; the patrons were seen giving money to them. For the amount of customers in this club, there did not appear to be that many receiving any dances from the entertainers . From my vantage point, I could see some of the dancers 'rubbing their bodies against each patron. During this time, I attempted to point the hidden video recording device at some of the dancers throughout the club as well as towards the- front I entrance-way of the club. • 2041 Unit No. (Supervisor reviewing Date Copies to Malcolm Chang #0 96 #291 KCP (6102C) 1191 • t Page t of I PAGE TWO • 94-00449/SPECIAL INVESTIGATIONS • -• JANUARY 27, 1994 At about 2250 hrs . , we exited this business and returned to my office . Det . Hayden and I discussed the dancers that danced for him and identified the following dancers who performed for him: 1) Tenessa White female (no video was taken of this dance as Det . Hayden was led to the couches to the north side of the club, 2) Robin Black female (no video was taken of this dance as it could not be done covertly from my location to Det . Hayden) NOTE : I did see this dancer expose her bare breasts to Det . Hayden and rub it in his face . She was also seen rubbing her vagina and buttocks against the crotch of Det . Hayden. At 2345 hrs . , I removed the video tape from the Sony video recorder and made two original working copies of this tape by placing them on two 3M T-120 VHS video cassette tapes and provided them to Det . Hayden. At 0100 hrs . , I gave the original video tape, (Maxell GX-MP 120 8mm video tape) to Det . Hayden so that he could submit it into his evidence system with his department . EQUIPMENT USED: Sony GV-U5 8mm video cassette recorder; ser. # 1035232 Chinon video camera Maxell GX-MP120 8 mm video tape 3M T-120 VHS video cassette tapes • I\L—C---\10A Det . Malcol Chang #07796 #291 . TUKWILA POLICE DEPARTMENT Page / of / i PROPERTY / EVIDENCE FORM CASE NO. INVOLVEMENT CODES (maximum 3 per item) EVIDENCE NO. Evidence I-To be destroyed L-Lost A-Analyze for r -Found, unknown owner S-Stolen D-Damaged controlled substance -Z-- -/F X-Safekeeping,known owner R-Recovered 0-Other P-Process for prints • ITEM NO. I I Inv.Code(s Quantity Item Name Brand , ModeVStyle Caliber Value Owner Rtn to stock? / :✓r "� "- "."--—,r;1--<___ G A Z — _ %Z>/) ❑Yes' Ala/ Color Serial Number Description�G�- c- /��. GF /,�C�, � ;✓ ,�. Evidence Type 4.5. IBR INFO Property Type Offense Code Loss Type Date Reported Stolen Date Recovered Drug Type Quantity Measure Evidence Storage Location(ET use only, �7 Q1/4�t '.G3 �i Z��� -- - L ITEM NO. I I Inv.Code(s'Quantity hem Name Brand Model/Style Caliber Value Owner Rtn to stock? � / S p�,T/1—✓� _. — — T7 ) ❑Yes dO Color Serial Number — Description , - ,c,�- � �,� �%z 7�j1 • Evidence Type y • IBR INFO Property Type Offense Code Loss Type Date Reported Stolen Date Recovered Drug Type Quantity Measure Evidence Storage Location(ET use only) • Z Z c•-"---- O — oiz75' L ITEM NO. I 1 ede(s'Ouantitj hem Name • Brand ModelStyle Caliber Value Owner Rtn to stock? L ❑Yes ❑No Color Serial Number Description Evidence Type IBR INFO Property Type Offense Code Loss Type Date Reported Stolen Date Recovered Drug Type Quantity Measure Evidence Storage Location(ET use only, ITEM NO. I I Inv.Code(s"Quantity hem Name Brand Model/Style Caliber Value Owner Rtn to stock? • ID Yes ID No Color Serial Number Description Evidence Type IBR INFO • Property Type Offense Code Loss Type Date Reported Stolen Date Recovered Drug Type Quantity Measure Evidence Storage Location(ET use ony, ITEM NO. 1 Inv.Code(s"Quartity hem Name Brand ModelStyle Caliber Value Owner • ' Rtn to stock?, • El Yes ❑No ' Color Serial Number Description Evidence Type - -, _ INFO :.erty Type Offense Code Loss Type Date Reported Stolen Date Recovered Drug Type Quantity Measure Evidence Storage Location(_Ruse only; • • Total Loss: $ • Total Recovery: $ 9-04P Submitted•y: Badge 0 Date Time Evidence received by. (ET use or* Date lime -/D -- - ' 7' e3r/L , //Ze/(� I Ray.04193 • CASE NUMBER: 94-00449 DATE: 02-11-94 TYPE OF REPORT: CONTINUATION TYPE OF CASE: DEJA VU DANCE CLUB INVESTIGATION - VIDEO DOCUMENTATION IBR CLEARANCE: OPEN 3. Adult entertainer dance club, open for business. 5. On 02-11-94 at approx. 2255 hrs., I completed a third video documenting the activities which were being conducted inside the Deja Vu Dance Club located at 15011 Pacific Highway South. I was assisted by King County Police Detective Malcom Chang. Chang is currently assigned to King County's Criminal Investigations Section (CIS) . Det. Chang is familiar with the operation of both audio and visual surveillance equipment and techniques. I solicited his help in taking video footage of the inside of the Deja Vu Club. On 02-11-94, Det. Chang and I were in the club from approx. 2255 hrs. to 0013 hrs. While in the club, I received a table dance from "Leiloni", Douglas, Lelania. I would be able to identify her later by her stage name and application photograph once I returned to my office at the completion of this portion of the investigation. "Leiloni's" dance would be captured on video tape. "Leiloni" did not violate the Standards of Conduct while performing for me. Det. Chang and I were seated in the south section of the club. The south wall consists of a row of couches. Det. Chang and I sat at a small table in front of the couches. The table had three chairs around it, however we were the only two seated at this table. From our table, I could clearly view the main stage, the couches on the south side of the club, the couches in front of the VIP lounge, . the walkway from the bar to the dressing room, the entry way to the club, the bar area, and the group of tables in this portion of the club. I had looked around the club and noticed that there were numerous patrons at the club. The table directly to my left was vacant for most of the night. Most of the other tables in the club were occupied by patrons. Det. Chang and I were sitting next to the fire exit, with one table in front of us as we faced the main stage. 1 20' This video begins and shows the entry to the club. The doorman and south club area is visible on this portion of the video. Patrons are visible, seated at various tables and the bar area and entryway are visible. Waitresses are visible in the background. The VIP area is also visible. There is a heavy set white female dancer performing on the main stage. While at the club, I was able to identify the following dancers: Tenessa, Rayna, Valkrie, Kelsie, Robin, Leiloni, Saphire, Charade, Ronnie, Karana, Cheresse, and Candice. These dancers were recognizable to me from previous contacts and investigations. The south couches of the club are visible in the beginning. There is a dancer seated to the far left of one of the middle couches. She is barely visible in the shadows. In the background, the bar area is visible. There is a male patron seen receiving a couch dance from a female employee/dancer. During this couch dance a waitress is observed walking by the couch. The camera moves to the main stage where a white female dancer is performing. For the first song, the dancer moves around to all the patrons seated in the front row. She climbs up on the tables and allows the patrons to place dollar bills in the front of her panty. It is not visible on the video, however, the dancer pulls her panty to the side exposing her vagina as the patrons place money in their mouth and then in her panty. The dancer allows this from all the patrons. This is all occurring with the main stage well lit and in plain view for the D.J. and management. The dancer returns to the stage for the second song and to remove all her clothing. The camera shows a patron receiving a table dance. The first dancer is leaving the stage and the next dancer on the stage is "Valkrie", Brink, Shara. "Valkrie" climbs on the front row of tables and places her legs over the shoulders of the patrons seated in the front row. She exposes her breasts and vagina as the patrons are allowed to place money in their mouths and tip her as they did with the previous dancer. The main stage is still well lit. For the second song, "Valkrie" returns to the main stage to perform. _ The camera shows a single dancer seated on one of the couches on the south side of the club. This dancer is "Candice", Fitzgerald, Alli. "Candice" had approached my table and I believed to observe injection marks on the inside of her arm. It appeared that "Candice" was under the influence of some sort of narcotic drug. When she asked if I wanted a dance from her, I did not smell any odor of an intoxicant. "Candice" appeared to remain on the couch because she was unable to perform. 2 • 261 The camera shows a black female dancer performing a couch dance for a patron on the last couch on the south wall . Det. Chang and I were able to identify this dancer as "Cheresse", Sebastian, Sandra. She is observed grinding and pumping her crotch against the patron. During this dance for the patron, I observed a bouncer or manager watching from the bar area. He was a large white male, dressed all in black. The video shows a third dancer making her way around the front row of patrons, at the main stage. She places her legs over the shoulders of the patrons and the same sort of "tipping" occurs as with the other dancers. She exposes her breasts and vagina as the patrons tip her. The D.J. announces that one of the white males in the front row is a bachelor. The large white male, dressed all in black, places a chair in the center of the main stage. All the dancers line up on the north side of the stage.. The dancers make their way up to the bachelor on the stage and are seen rubbing breasts and embracing the white male on the well lit main stage. The white male employee would remove the chair. The video now shows a patron receiving a table dance. The dancer grinds her buttocks against the patrons groin. "Valkrie" aka Brink, is shown giving a patron a couch dance on the south wall . She is seen straddling and grinding on the patron. She is also observed laying her body on the patron. I am seen in the foreground, receiving a table dance from "Leiloni" . In the background, there is a patron receiving a table dance. The patron in the background is seen with the dancer grinding on him as she performs. A waitress is seen walking by. Another couch dance is observed on the south wall . The dancer places her breasts to the patron's face and she straddles his crotch and groin. They are observed embracing. The patron is observed squeezing the dancer's buttocks. Both the patron and the dancer leave the couch. The dancer on the couch was "Charade", Hart, Laura. • The video shows two table dances occurring at the same time, at different tables. The dancers are pressing their breasts to the patrons faces. They are observed grinding their buttocks to the patrons groins. The dancer is observed laying on the patron and grinding her crotch to the patron's crotch. The wide shot shows the same occurring at the table to the left. The dancer to the right • presses her breasts to the patron's crotch. Both patrons are receiving the dancer's breasts to their faces. Violations are clearly visible at both tables. Waitresses are in the background. One is cleaning up at my table. Zi`7 Det. Chang goes to the men's room. Det. Chang returns, and a white female dancer is observed sitting with a white male patron. They are seated on a couch on the south wall . Det. Chang and I move to the VIP Lounge area to receive a shower dance from "Valkrie", 'aka Brink. The shower is located in the southwest corner of the VIP Lounge. Brink is observed removing her outfit, as she enters the shower. Brink uses shaving cream from a can of Barbasol to spread over her body as she performs. She is observed rubbing her fingers along her vagina. Brink performs part of her song on the..floor of the shower. This is not seen on the video due to the positioning of the camera. Brink rinses off at the end of the song and is seen drying herself with a towel . At the end of the shower dance, Det. Chang and I leave the club. I am seen purchasing a club magazine prior to leaving. The end of the video shows the south portion of the club and the bar area. The original copy of this tape has been placed into evidence. No further information at this time. • • Det. M. T. Hayden Approval: McOmber • 4 - 2Ia L Continuation Incident Number T 1LA P.D. C Statement � King County Police pp -C Officers Witness Statement '� DI4 0 4 innt 9� - Officers Witness Continuation/Statement/O.R. 02-14-94 1405 eport Name(Last.First.Middle) Residence Phone tBusiness Phone Residence Address City State Zip Occupation Race Sex DOB To Via Subject CASE FILE DIRECT • I am a Detective with the King County Department of Public Safety currently assigned to the Criminal Information Section. Some of my responsibilities are to assist in the operation and maintenance of the audio intercept and video recording equipment assigned to this unit . On 01-27-94, I was contacted by Det . Mark Hayden of the Tukwila Police Department' s Special Operations unit who requested my assistance in video recording the interior of DeJa Vu (Topless Club) located at 15011 Pacific Hwy . So . in the City of Tukwila in an • attempt to record violations of the Tukwila Municipal Code (standards . of conduct for entertainers/dance • violations . ) He said that he would like me to accompany him to this location on 02-11-94 at about 2230 hrs . He further stated that he wanted me to video record any dance violations I may see along with a general over view of the interior of this club. Ii I On 02-11-94 at approx. 2130 hrs . , I prepared the equipment to be used by placing a new Maxell GX-MP 120 8mm video tape in a Sony GV-U5 8mm video cassette recorder and attaching to it a Chinon video camera. • At 2230 hrs . , I met with Det. Hayden in his office at the Tukwila Police Department . • At approx. 2255 hrs . , I activated the Sony video recorder. At about 2259 hrs . , we arrived at DeJa Vu and walked into this establishment and took a seat at one of the tables in the south portion of the club which faced the stage . . During this period of time, I observed numerous dancers to be approaching the male patrons who were seated in the near vicinity of me as well as on the north side of the club and asking them if they would like a dance. Throughout this time, I saw a several of the dancers providing private dances for the patrons who were seated at .the couches and upon completion of these dances, the patrons were seen giving money to them. These dancers were seen • sitting on the laps of their customers rubbing their genitals and buttocks against customers' crotch area. They were also seen placing their .genital and buttocks in the faces of their customers as well as placing their faces in the crotches of the patrons . During this time, I attempted to point the hidden video recording -device at some of the dancers throughout the .club as well as towards Det . Hayden who received a table dance from a female who identified herself as "Leilani" . ' I also recorded a dancer who identified herself as "Valkrie" as she performed a "shower dance" in the "V. I .P . " portion of the club. which would be in the i e Unit No. Supervisor reviewing Date • Copies to O m a r 96 . 291 ga KCP (C-102C) 1/01 'Page ` of a FAGE TWO , 94-00449/SPECIAL INVESTIGATIONS EBRUARY 14, 1994 northwest area of this business . During this dance, the dancer was seen wetting herself down and then apply shaving creme on her body and rubbing it onto her breasts, stomach,. vaginal and buttocks areas . At various times throughout her dance, she would expose her vagina and anus to us and rub the the shaving creme around the outer area of her vagina . This dance was done on a lighted stage that had a built in shower on it . At about 0013 hrs . , we- exited this business and returned to Det . Hayden' s office . I secured from this location at 0045 hrs . keeping all equipment in my possession. On 02-14-94 at 0930 hrs . , I removed the video tape from the Sony video recorder and made two original working copies of this tape by placing them on two 3M T-120 VHS video cassette tapes . At 1530 hrs . , I gave the original video tape, (Maxell GX-MP 120 8mm video tape) as well as the original working copies to Det . Hayden. EQUIPMENT USED': .ony GV-U5 8mm video cassette recorder; ser. # 1035232 Chinon video camera Maxell GX-MP120 8 mm video tape 3M T-120 VHS video cassette tapes • • D . Malcol hang #07796 #291 TyKWILA POLICE DEPARTMENT Page / of / `,PROPERTY / EVIDENCE FORM . CASE NO. �cp/— ��V9 INVOLVEMENT CODES (maximum 3 per item) EVIDENCE NO. "vidence I-To be destroyed L-Lost A-Analyze for ound, unknown owner S-Stolen D-Damaged controlled substance ZZ f . X-Safekeeping,known owner R-Recovered 0-Other P-Process for prints ITEM NO. I I Inv.Code(s'Ouantitty Item Name Brand Model/Style Caliber Value Owner Rtn to stock? v/CEO — — T-I ' 7"! %,«�— G,G-/Lim T3 C Yes 44 i Color Serial Number Descr on / ZG'�y.--. ,...Q4-7=> 7,-/=:,,�- �r v ovQ 7o,,••-.T. Evidence Type -5-T7- ,-z i# o^i /-i 94.,./ /Jo4-- c.c7 i+-,...�, IBR INFO Property Type Offense Code Loss Type Date Reported Stolen Date TJ ® Recovered Drug Type Quantity Measure Evidence Storage Location(ET use ony) <,t� d' '/#4,4 3(7/ . ITEM NO. Inv.Code(s'Quantity Item Name Brand Model/Style Caliber Value Owner Rtn to stock? C.Yes C No Color Serial Number Description Evidence Type • IBR INFO Property.Type Offense Code Loss Type Date Reported Stolen Date Recovered Drug Type Quantity Measure Evidence Storage Location(ETuse any) ITEM NO. I I ilnv.Code(s Quantity Item Name Brand ModeVStyle Caliber Value Owner Rtn to stock? 0 Yes ❑No Color Serial Number Description Evidence Typel IBR INFO Property Type Offense Code Loss Type Date Reported Stolen Date Recovered Drug Type Quantity ,Measure Evidence Storage Location(ET use ony) ITEM NO. I I Inv.Code(s Quantity Item Name Brand • ModeVStyle Caliber Value Owner Rtn to stock? ID Yes C No Color Serial Number Description Evidence Type IBR INFO Property Type Offense Code Loss Type Date Reported Stolen Date Recovered Drug Type Quantity Measure Evidence Storage Location(ET use DIY) . ITEM NO. I I Inv.Code(s'Quantity Item Name Brand • Model/Style Caliber Value Owner Rtn to stock? C Yes C No • Color Serial Number Description Evidence Type rag INFO rty Type Offense Code Loss Type Date Reported St Date Recovered Drug Type Quantity Measure Evidence Storage Location(ET use anlyi • Total Loss: $ Total Recovery: $ 2/3 Submitted by: Badge# I Date I Time Evidence received by: (ET use on Date Time / , Rev.04/93 • • • • • 2 • • 1 1 _� r- 1 • .� a CAS NUMBER 9 — C936, Tukwila Police Department OffenseCode-1 . (Oflense/kiadent Literal) 1 ❑Atiem t t INCIDENT REPORT FORM • �� Ei—��,�—�i/.s_-_/.2 /o n�� t:ompete Reported Date ReportedTime Offense Code 2 2 0 Attempt / 0 Complete Location / 'Intense e 3 3 0 Attempt • To/ ,/ f• /.=/c.- -✓� -`-/ V _ ❑Complete District of Occurrence RD Disclosure? Occurred Date Occurred Time Dispo�J/J(A-Z) Ai SStatusFlow d �� - ZC�J ❑Yes OLZf,/ / /*O — 4 . GENERAL IBR INFORMATION(taqulred on all criminal incidents) • Location Type Offense Related to: CLEARANCE TYPE: 0 AA-Arrest Adult Bias Motivation? Domestic Violence? C ild A? - 0 Alcohol ❑comp�r ❑N-Not Applicable ❑AJ-Arrest Juv . 4 ❑ Gas(speay code): ❑e �.. , 0 Drugs t Applicable ❑Exceptional(seedy code): ���lo(88) g lO \ Criminal Activity Weapons Used? .. . Caliber: • Length:• • . • THESE ITEMS-1 1Units Entered EMI Method Tools-Used Prem. eS -Fi y.:.. N ❑ (specify code): Gauge:. .. GripsIFmish: FOR BURGLARY NARRATNE • ' ) , REPORTS ONLY /�//Joc -"S, /..1"...r C''ctiiT/ '^.(•44-e- .0���/r-/t.7.^•G Fa/.Z ,..4/"..C`or/,/T. S . SOLVABILITY ❑01 Suspect arrested • ❑04 Suspect can be ID'd ❑07 Witness b crime ❑10 Significant MO present FACTORS: ❑02 Suspect named • ❑05 Suspect described ❑08 Crime scene processed ❑11 Useful physical evidence • ❑03 Suspect can be located ❑06 Suspect veh described • ❑09 Stolen property traceable ❑12 Related/similar incidents . INV. 0 Victim 0 Complainant Ihender VICTIM 0 Individual •0 Government 0 Other PCN(Process Control Number) • CODES 0 Witness 0 Registered owner ❑OwNer TYPE 0 Business - • 0 Religious 0 Unknown Offender Involvement Only 0 Suspect • 0 Driver 0 Missing Person CODES 0 Financial Institution 0 Soo/Public 0 Police Ofc. • . Na Stmt ❑yes Name(last,first,middle) ce Sex DOB/Age Range O/ taken? ,fib /„ /e(/s‹ /-�E{��,- 4sq �/�1-tani/�,�1 o/Z3-7 yeet Address City State Zip Rome Place o Employment -7ZZ ' / —C— /4:74 ' ' �, ...,./ci /� (..,.4_�i'p/'p - zp z -,, f�-4—./-� Work Phone OLN. State SOC ID SID FBI z<./p / -7 2 ' 733 . Height Weight Hair Eyes Ethnicity Res. Charges)and/or City i No. Flag Custody Arrest T Jail Booking No, Jail �- A/ 1 966Y,,3 Status d, /20 G,G✓ A2 Ttv i-4NC/ • — A. Alias Names4dentifiers/Cbthing INV. ❑Victim 0 Complainant 0 Offender VICTIM 0 Individual 0 Government 0 Other PCN(Process Control Number) CODES' 0 Witness 0 Registered owner ❑OwNer TYPE 0 Business 0 Religious 0 Unknown Offender Involvement Only ❑Suspect 0 Driver ❑Kissing Person CODES 0 Financial Institution 0 Soc/Public 0 Police Ofc. No. Stmt 0 Yes Name(last,first,middle) oe Sex DOB/Age Range • taken? ❑No Street Address City I State Zip Home Phone Place of Employment I Work Phone OLN State SOC Tib SID FBI • Height Weight Hair Eyes Ethnicity Residency Charges)and/or Citation No. Flag Custody Arrest T Jail Booking No Jail . 1 Status 2 A Alias NamesAden'iers/Clothing • VEHICLE INFORMATION i 0 Suspect Vehicle tic.No. Lic.State Veh.Yr. Vehicle Make Veh.Model Veh TypE Color VW _.)„ ',vim Vehicle • 1. +aipuon • ---rnvesigong Officer Badge No. Supervisor 1? Rev 11/92 /�-- -ti,. - CASE NUMBER: 9y-// r'' DATE: 02-24-94 TYPE OF REPORT: 'CONTINUATION TYPE OF CASE: ENTERTAINER/DANCER VIOLATION IBR CLEARANCE: OPEN • 3. Adult entertainer dance club, open for business. 5. On 02-24-94 at approx. 1750 hrs., I entered the Deja Vu Club located at 15011 Pacific Hwy. S. for the purpose of investigating suspected prostitution activity and ascertaining if any adult entertainer violations would occur in my presence. I entered the clubthrough the front door. I was contacted by a male employee who was responsible for taking the cover charge from the patrons. He was a white male, approx. 05-09 and 190 pounds. He was shorter than me and wore a black leather coat over a white shirt. He wore a black tie. This employee came from the office and told me he was sorry I had to wait for him to take the cover charge. He told me it was $5.00 to get into the club. I gave the employee five $1 bills. In return he gave me a small blue ticket in order to get back into the club in case I had to leave and come back. I took the ticket and entered the lounge area of the club. I took a seat at a table located on the north side of the club. The table was approx. three tables back from the main stage. I sat at a table that was located on the corner of the aisle way areas which ran from the front of the VIP lounge area to the dressing room. I sat on the right. side of the table, facing the main stage. There was a white female dancer completing a stage performance during the time I took my seat. The announcer would identify the dancer as "Maria", (Schaeffer, Suzanne A. DOB 022571) . I would return to the station and identify her from the application photos. I looked around the club and observed approx. fifteen patrons seated throughout the lounge area. All the patrons were seated at tables and there were no patrons receiving any couch dances. I observed approx. eight dancers throughout the club. During the first ten minutes in the club, only two dancers were actively trying to contact customers for dances. I was in the club from approx. 1750 hrs. to 1835 hrs. I was approached by a waitress who asked what I would like to drink. I ordered a cup of coffee. The waitress had returned with the coffee and told me that refills were free. I gave her $5.00 for the coffee. I observed only two different waitresses serving the patrons at the club. • 2/5 I was seated at the table and had observed two dancers perform - on the main stage when I was approached by "Lanae", who would later be identified as Haddix. Haddix was a light skinned black female. Haddix asked if I would like a couch dance. I told her I would and she escorted me to a couch near the doorway to the dressing room. Haddix had me sit in the center of the couch. The couch was right next to the dressing room and faced out toward the lounge area of the club. I sat down and observed that there were no other patrons on any of the couches along the north wall . The D.J. announced that the patrons who received couch dances for this next song would receive a free couch dance following the songs completion. The music had not yet started, when Haddix leaned in towards me and asked if I would like a $22.00 or $32 .00 couch dance. I asked her what the difference was in the two dances and Haddix stated that the "$32 .00 dance is much better" . I told her I would take the $32 .00 dance. Haddix had black hair that was pulled back, tight, along the top of her head. I could not tell what she used to keep her hair in place. In the back, her hair was bushy and curly, and appeared that it was fairly short if left to hang free. Haddix wore no make-up. • Haddix wore thin, gold hoop earrings. They were approx. an inch • in diameter. She wore one solid gold necklace with an extremely small gold charm. The gold charm was round and appeared to be soled. The charm was smaller than a dime. Haddix wore white high heeled shoes, which she would remove before dancing for me. Haddix wore a two piece, white lace, satin bra and panty. Both the bra and panty appeared to match in design. The bra had underwire cups and a white lace design covering the cups, however it was not sheer or see-through. The bra clasped in the back and I observed it had adjustable shoulder straps. The matching panty had a white satin front with a lace design and a thong back. I noticed that Haddix had noticeable stretch mark scarring on her lower abdomen. Haddix began her dance by removing her high-heeled shoes and climbing from the floor to my lap. I was seated upright with my legs apart and my hands resting on my thighs. Haddix spread her legs and straddled my lap. She firmly pressed her crotch against mine, and began to grind against me, in rhythm with the music. Haddix remained, slowly grinding on my crotch, and was sitting upright. She used both her hands to slowly massage her covered breasts. She would squeeze and rub her breasts for only a few seconds. She then pulled the cups of her bra down, exposing both her breasts and nipples. Haddix used her index fingers and thumbs to pinch and tug at her exposed nipples, making them erect. Haddix continued this for approx. 15 seconds and then replaced her bra. Haddix leaned forward and pressed her chest to my face. She moved from side to side, rubbing her breasts against my face. She held my face between her breasts as she squeezed her shoulders together, engulfing my face between her breasts. Haddix leaned to her right and brought her left hand up to her left breast. She used her hand to pull her bra cup to the side and expose her left breast and nipple. She pinched her nipple to make it erect and then pressed her nipple against the lips of my mouth and held it there for a few seconds. . She began to squeeze her breast with. her hand as if she was trying to feed it to me. Haddix continued this for several seconds. Haddix replaced her bra and slowly stood up in front of me. Haddix turned around and lowered her buttocks, pressing it against my crotch and groin. She began to rub her buttocks up and down, pressing firmly on my crotch. Haddix leaned back and placed her head on my left shoulder. She used both her hands to expose her breasts and nipples. Again, she used her index fingers and thumbs to pinch and tug at her nipples, making them erect. She left her breasts exposed and continued to squeeze her breasts under my face. I observed a male employee at the end of the aisle way, in front of the VIP area. I saw him look in my direction, smile at a dancer that was coming out of the dressing room, and then walk away. Haddix would replace her bra and slowly stand up in front of me. Haddix faced away from me and bent forward, supporting herself on the table which was directly in front of the couch. She spread her legs apart, enough for her to look at me between them, and slowly moved her left hand behind her. She squeezed her left buttock cheek and then moved her hand to the back of her panty. With her left hand, Haddix pulled her panty to the side and exposed her vagina. She used her middle finger to rub her exposed vagina and then used her index finger and thumb to tug at the outer lips of her vagina. She continued this for a few seconds and then replaced the panty. Haddix stood up and turned around to face me. Haddix climbed back up on the couch and straddled my left thigh. She leaned her upper body across mine and supported herself with her right hand on the cushion of the couch, to my right. Haddix used her left hand to squeeze and rub my penis through my pants. At first, Haddix gently rubbed my penis with the palm of her hand, but I watched as she began to use her fingers to search for and then actually squeeze my penis, gripping it with her hand and massaging it. Haddix did this for approx. ten seconds. Haddix removed her hand and repositioned herself so that she straddled my lap. She pressed her crotch against mine and began to firmly pump up and down, simulating a sexual act. As she did this, she tilted her head back and used her hands to rub her breasts, . She would change her rhythm to simulate sex. Haddix moved closer and pressed her breasts to my face. Again, she exposed her nipples and pressed her exposed left nipple to my mouth. Haddix leaned back, keeping her breasts exposed, and vigorously pumped up and down on my crotch. She 'pinched and tugged her exposed nipples, massaged her breasts, and rocked back and forth as if she was VP! having sex. This lasted for twenty to thirty seconds. Haddix _ completed her dance in this position. Haddix would sit up and cover her exposed breasts. At the completion of the song, the announcer stated that for ' the patrons who had received a couch dance for the last song, the next couch dance was free. The music started, and without saying a word to me, Haddix began to dance. Haddix had remained straddling me while the D.J. made his announcement about the free couch dance. When the next song started, Haddix smiled at me and began to slowly grind her crotch against mine. She placed both her arms over my shoulders and began to ride me like a horse. Pumping up and down as if she was riding me. Haddix leaned in closer, keeping her arms around me, and pressed her chest to my face. She began grinding her whole body against mine, rubbing my face against both her breasts as she rubbed her crotch against mine, all at the same time. Haddix remained in this position for approx. thirty seconds. Haddix slowly sat up and used both her hands to expose both her breasts and nipples. Again, she used her fingers to pinch and squeeze her nipples to make them erect. She massaged her exposed breasts and continued to pump and grind on my crotch. Haddix tucked her bra under her breasts, propping them up and keeping them exposed. She leaned in to my face and moved her exposed nipples back and forth against my face and mouth. Haddix kept her breasts to my face and brought her left hand to her left breasts. She cupped her breast with her hand and pressed her exposed left nipple to the lips of my mouth. She held her nipple to my lips as she squeezed her breasts. Haddix did this for only a few seconds and then sat up. Her breasts were still exposed and supported by her bra. Haddix leaned back and used her left hand to support herself with the table in front of the couch. She guided her right hand down her stomach to the front of her panty. She used the palm of her hand to rub covered vagina. Haddix pulled her panty to the right, exposing her vagina. Haddix was still straddling my lap, with her legs apart. She used her fingers to spread the outer lips of her vagina. Haddix kept the lips of her vagina open with her index finger and ring finger. She then took her middle finger and rubbed between the lips of her vagina and then began to vigorously . rub the upper portion of her parted vagina near the area of the clitoris. It appeared that Haddix was masturbating as she performed during this portion of her dance. Haddix continued to masturbate for approx. 30 seconds. Haddix replaced her panty and embraced me. She pressed her breasts and chest against my face and continued grinding her crotch against mine. Haddix slowly sat up and climbed off my crotch. She stood up in front of me and turned around. She placed her buttocks against my crotch and began rubbing up and down on my crotch. She only did this for a few seconds and then stood up again. Haddix turned • • around to face me. She smiled, and rubbed her hands down her body - to the front of her panty. She brought her hands back up along her _ body to her breasts and began to slowly massage and rub her breasts. Haddix moved forward and straddled my left thigh. She draped herself across my body, laying on me. Haddix ran her left hand under her body. I felt her hand against my crotch. Haddix rolled to her right. I felt Haddix begin to grab my penis through my pants. She held my penis and moved her hand up and down, vigorously and firmly, simulating a manual type, masturbatory sex act. She continued this for approx. ten seconds. As Haddix did this, the same male employee I had seen earlier walked up to the table in front of me. He placed a copy of the Deja Vu magazine on the table and walked away. He made no attempt to stop Haddix from her performance. Haddix slowly moved up to a kneeling position and continued to straddle my left thigh. Haddix was positioned to my left and leaned in to press her chest and breasts against my face. Haddix pressed her shoulders together, squeezing my face between her breasts. Haddix held my face between her breasts as she move to straddle my crotch and groin. She began to pump her crotch up and down against my crotch, simulating sex, and sat up. She pulled the front of her bra down, exposing both her breasts and nipples. Haddix came forward and moved her chest back and forth, rubbing each breasts against my face. Haddix stopped and held her left breast and nipple to my face, attempting to place her nipple against my mouth. The song came to an end and Haddix replaced her bra, covering her breasts. Haddix immediately climbed off my crotch. She replaced her shoes and stood in front of me. Haddix looked around and then at me. She appeared disinterested. I gave Haddix the $32 .00 for the dance and thanked her. She immediately walked away. I waited to see if the male employee would talk to Haddix about her dancing. I watched Haddix walked over to several patrons, presumably inquiring about dances. I returned to my table and continued to watch Haddix. She was never contacted by a manger or the male employee during the rest of the time I was at the club. I would receive two dances from another female employee prior . to leaving the club. This dancer would be' "Felice" . After my contact with "Felice" . I would leave the club and return to my office. I returned to my office and obtained the 1994 Special Operations Deja Vu license book. I located the stage name of "Lanae" and . located the application picture. I positively identified Haddix as the dancer "Lanae" that had just danced for me. The 1994 picture matched Haddix as I had observed her. Her hair was worn in a similar fashion and she had similar, if not the same jewelry, in the picture as she had worn when she danced for me. v q • There is no doubt in this detectives mind that °Lance" is in fact - Haddix. There is also no doubt that the purpose for Haddix touching me and exposing her breasts and nipples to me, while she danced, was for the purpose of arousing and/or exciting this detective's sexual desires and interests. Case forwarded to the City Attorney for filing. • 7.zo Det. M. T. Hayden Approval: McOmber 2 12-/ ft } 3 �,. - • • CASE �� /�39 a• NUMBER 6 Tukwila Police Department , Offense Code 1 (Offense/Incident Literal) 1 ❑Attempt • `.i INCIDENT REPORT FORM �fZ �,cas i 7—,��Q�/ 6 Complete Pawned Date Reported TimeOffense Code 2 ' 2 Attempt TL2S94- / ZZ3O /4s- E�E2-7-7.-- i nF .2 ✓/o,-,-- N1 Plete Location Offense Code 3 ' 3 ❑Attempt /Sd//�••Uf-7"C.-� / r OComplete District of Occurrence .RD Disclosure? Occurred Date Occurred Time Dlcpo Z) Status How Received -r s•- • ZC�' °Yes dLZs y ?enz, A AO 4 GENERAL IBR INFORMATION(required on all criminal incidents) • location Type Offense Related to: CLEARANCE TYPE: 0 Al-Arrest Adult Bias Motivation? Domestic Violence? Child Abuse? . ❑Alcohol ❑ puter D N-Not Applicable ❑AJ-Arrest Juv ❑ (specify code): ❑ s D • ��- ❑Dregs btmApplicabie • ❑Exceptional Nxbi6,code): , (88) ON° os Criminal Activity Weapons Used? • Caliber. Length: THESE ITEMS-► i Units Entered Entry Met Tools Useda Prem.Serityl ❑ (specify code): Gam: Grips/Finish: FOR BURGLARY (90 • • REPORTS ONLY • 4, NARRATIVE : "iC'A-ok iOG/".. 72'rne--T�.�i91: r7 z — ' .ZTo+, r�•e. Tom,- ,/-- (_. c.,,,,•1/4„ ' '-7 3 , - ' A 4..../7o....4r,?0 s- ,..o-e7 c'r c:,cv...a-'4�—'.,,--/-' '--".oE/1,�1/i-,/.,_,G ,2.,2 SOLVABILITY ❑01 Suspect arrested ❑04 Suspect can be D'd ❑07 Witness b crime 010 Significant MO present FACTORS: D 02 Suspect named D 05 Suspect described 0 08.Crime scene processed ❑11 Useful physical evidence D 03 Suspect can be located °06 Suspect veh described ❑09 Sblen property traceable ❑12 Related/similar incident • INV. 0 Victim 0 Complainant .Offender VICTIM 0 Individual ❑Government 0 Other PCN(Process Control Number) CODES 0 Witness 0 Registered owner D OwNer TYPE 0 Business 0 Religious 0 Unknown Offender Involvement Only 0 Suspect 0 Driver -D Missing Person CODES 0 Financial Institution 0 Sos/Public 0 Police Ofc. No. • Stint ❑yes Name(last,first,middle) ce I Sex DOB/Age Range G taken? '-N° /s,ci^-k i -e7.<-Q �,(..G&-" L✓A //Z�IZ "'Net Address City • State Zip a Phone Place o Employment vt'�Z9 2 4/Z.4•- 'T T.,,•/__. 1 , 9R`P Zr/P` S" -,4-4-- ./J ‘Work Phone OLN State SOC TD SID FBI \ 7cj�-6-7 ZPZQ51 `�4 -s F-7'/c../VF • Height Weight Hair Eyes Ethncity Res- Charge(s)and/or Citation Na. Flag C go y Arrest T Jail Booting No. Jail / 1 of 77T✓77c1,.`/ 9 'e37 2..S-zecbis-2,%--Gi 7-4:kx-,zirk-6/ Alias Names/Identifiers/Clothing 1' - '' ✓%( /a/C_/E " — ' 3V-4:rr--r INV. 0 Victim 0 Complainant 0 Offender VICTIM 0 Individual 0 Government 0 Other PCN(Process Control Number) CODES 0 Witness 0 Registered owner D OwNer TYPE 0 Business 0 Religious 0 Unknown Offender Involvement Only D Suspect 0 Driver 0 Hissing Person CODES 0 Financial Institution 0 Soc/Public 0 Police Ofc. No. Stint ❑Yes Name(last,first.middle) Sex I DOB/Age Range taken? ❑No Street Address City State Zip Home Phone Place o Employment • Work Phone OLN State SOC TD SID FBI • Height Weight Hair Eyes Ethnicity Residency Charges)andror Citation No. Flag Status Arrest T Jail Booking No. Jail • • 2 A . 4 Alias NamesAden'iersfgothing • ' ' VEHICLE INFORMATION 0 Suspect Vehicle Lic.N . Lic.State Veh.Yr. Vehicle Make Veh.Model Veit Type Color VW ''ictim Vehicle ftion - Investigayg Officer Badge No. Supervisor n 1 Rev 11132 CASE NUMBER: oGs���' /�-- e:7/4.2 DATE: 02-25-94 TYPE OF REPORT: CONTINUATION TYPE OF CASE: ENTERTAINER/DANCER VIOLATION IBR CLEARANCE: OPEN 3. Adult entertainer dance club, open for business. 5. On 02-25-94 at approx. 1945 hrs., I entered the Deja Vu Club located at 15011 Pacific Hwy. S. for the purpose of investigating suspected prostitution activity and ascertaining if any adult entertainer violations would occur in my presence. I entered the club through the front door. I was contacted by a female employee who was responsible for taking the cover charge from the patrons. She was approx. 05-05 and approx. 140 pounds. She had straight, brown hair that extended past her shoulders. Her hair was pulled back and flowed freely down the back of her head to below her shoulders. She wore a one piece, green velvet dress, black nylons, black high heeled shoes, and a gold necklace. She had dark eye shadow and red lipstick. This female was already standing at the cash register when I came through the front door. She told me it was $5.00 to get into the club. I gave her a $5.00 bill and she handed me an orange ticket. The orange ticket was to get back into the club in case I had to leave and come back. I took the ticket and entered the lounge area of the club. I took a seat at a table located on the north side of the club. The table was approx. two tables back from the main stage. I sat at a table that was located near the center of the north lounge area. I sat on the right side of the table, facing the main stage. There was a white female dancer performing on the main stage. I would recognize this dancer as "Valkrie" . (Brink, Shara G. DOB 112072) . Brink had just starter performing her first song of her stage performance. At the completion. of Brink's performance, I heard the D.J. acknowledge the performance and State the dancer's name was "Valkrie" . I would receive a Prostitution violation from Brink prior to leaving the club on this date. I observed Brink perform two songs on the main stage. Brink wore a two piece, white, satin outfit. The top of her outfit consisted of a bra and a choker collar around her neck. The choker type collar had three separate white extensions which went from the choker collar to the top of the cups of her bra. The three. 1 '23® extensions appeared to have silver studs, in a row, from the collar to the bra. The bra itself was white with a design on the cups. It appeared that the cups had an underwire. Brink wore a matching white panty which was thong backed. She wore white high heeled. Brink would finish her two songs on the main stage and then go directly to the dressing room. Brink had changed her costume when I observed her exit the dressing room. I looked around the club and observed approx. seventeen patrons seated throughout the lounge area. All the patrons were seated at tables and there were no patrons receiving any couch dances. I observed approx. nine dancers throughout the club. I observed five white males seated at the south tables, next to the stage. Three of the white males wore dark blue T-shirts with a white emblem on the left breast. I could make out that the emblem was that of a fire department, however, I did not recognize any of the firefighters as belonging to the Tukwila Fire Department. Two of the fire fighters in the blue T-shirts were extremely intoxicated. These two firefighters could not stay awake and Brink would later tell me that they had a heavy smell of alcohol that she smelled them when she was performing on the main stage. I assumed that the other two males, with the three in the blue T-shirts, were firefighters also. I observed two black male patrons sitting at a table to me left. One was receiving a table dance from "Felice", (Coutcher, Casandra F. DOB 102870) . Coutcher would contact me later, when I was not with Brink. (See the other case on this date) . I was in the club from approx. 1945 hrs. to 2100 hrs. While in the club, I observed three waitresses. The waitress that would serve me my soda would introduce herself as "Jackie" . She was a white female with short straight, brown hair. I observed the same bouncer I had seen before when in the club. He is a large white male, approx. 06-00 and 260 pounds. He has short blonde hair and wore a black shirt and black pants. I observed that the bartender was a white male, tall, with black hair that was pulled back and held in a pony-tail . I observed the north wall of couches and observed that the same two lamps which were out, the night before, were still out. There was only one lamp illuminating the entire north wall of couches. I was approached by a waitress who asked what I would like to drink. This waitress would introduce herself as "Jackie" . I ordered a soda. The waitress had returned with the soda and told me that refills were free. She also gave me some free popcorn. I gave her. $5.00 for the soda. I was seated at the table and had observed Brink complete her stage performance. I had originally intended on trying to contact • "Felice" while I was in the club. I observed her sitting with an Hispanic male, on a couch in front of the VIP lounge. She had a 2 _ 23 I • ladies drink in front of her. I sat and watched the next dancer on the main stage. This dancer was a black female, and I did not get her stage name. Near the completion of this dancer's second main stage song, I was approached by Brink, who asked if I would like to join her on the couch. I told her I would. Brink escorted me to the third couch which would be directly behind the table at which I was seated. I sat next to the non-functioning lamp, and Brink sat to my left. I spent the rest of my time, except for one other couch dance from Coutcher, with Brink. Brink had sat down and turned to ask if I had ever been in the club before. I told her I had and that the last time I was in, my buddy and I had received a shower dance from her. Brink looked at me and said that she thought I had looked familiar. Brink described to me how she remembered that I had paid an extra $5.00 in order to watch the shower dance with my friend. Brink then stated "You 're a cop, both you and your friend are cops" . I told her I she must have us confused with someone else, but Brink insisted that I was a cop. Brink stated "that's o.k., I'll still sit and talk to you. I might even give you a couch dance. I haven't had a ticket in awhile" . I insisted that I wasn't a cop and that I drove a truck for a living. Brink just smiled. She said that it's o.k. that I'm a cop, "I feel much safer now" . I laughed and said "I guess a couch dance is out of the question" . Brink told me to stand up. She stood up next to me and told me to take off my coat and denim vest. As I was taking them off, Brink ran her hands along the torso of my body and under my arms and around my waist. I had taken my coat and vest off and placed them on the neighboring couch. Brink felt each of my pants pockets and then ran her hands down the legs of my pants. She felt around the tops of my boots, squeezing the tops of my boots and my pant legs. I noticed several patrons watching what she was doing as well as a waitress that was walking by. Brink was trying to determine if, in fact, I was a police officer. I asked Brink if she found what she was looking for and she just laughed and told me to sit down. I said to her "I told you I wasn't a cop" . Brink continued to insist that I was a cop no matter what I told her. A black female began to take the main stage in order to perform her two dances. Brink asked if I would like a couch dance. I asked her how much it would cost. She told me $35.00. I told her that would be fine. The next song •started and Brink moved from being seated next to me, to straddling my lap. • Brink was now wearing a matching two piece, camisole and panty outfit. The camisole top was dark blue with a floral print. The flowers in the print had red accents. The camisole top had spaghetti straps over the shoulders which were dark blue. The top hung loosely and came down to below Brink's panty line. Brink wore • a matching dark blue, thong.backed panty. The panty did not have a floral design or print but was the same dark blue as the camisole 3 - :32 top. She wore dark colored high heeled shoes. I could not tell if . they were blue or black because of the lighting. Brink straddled my lap and spread her legs wide. She began to grind her crotch firmly against mine. Brink used her left hand and moved the strap of her camisole off her shoulders and down her arm. She exposed her right breasts and nipple. She used her left hand to squeeze her breast. Brink slowly moved forward and pressed her exposed nipple to the lips of my mouth. She held her nipple there for approx. ten seconds. I believed she wanted me to suck on it, however, I did not. She moved her nipple away from my lips and began to rub her right breast about my face. Brink slowly sat up and replaced her strap, covering her breast. Brink continued to grind her crotch against my crotch and groin. She leaned back and supported herself with the table in front of the couch. Brink kept grinding her crotch against mine. She looked at me, seductively, without a smile. I told her to smile. Brink said that she didn't smile because this was the way she danced. She said "I get really turned on when I dance for men like this, and I want to turn you on" . I laughed and Brink smiled, a little. While supporting herself with her left hand, Brink brought her right hand along her stomach and began to rub the outside of her vagina, through her panty. Brink continued to pump her crotch against mine. She then moved the front of her panty to the side and exposed her vagina. She used the fingers of her right hand to rub and spread the lips of her exposed vagina. Brink did this for approx. 10 seconds and then replaced the panty. Brink spread her legs and extended them into a large "V" . She brought he'r legs up to her head. Brink sat up and pressed her chest to my face. She rubbed her covered breasts against my face, from side to side. Brink then began to move up and down. She was rubbing her crotch along my crotch and then along my lower stomach. As she did this, her body moved along my face. Her chest and breasts would rub against my face and then her covered stomach would rub against my face.. Brink did this for several seconds. Brink slowly moved up my body to where she was standing in front of me. She supported herself with the wall behind the couch. She moved her hips in front of my face. Her crotch was only a few inches away. Brink brought her left and down to the front of her panty, pulling the panty to the left. She exposed her vagina. She used her fingers to rub her exposed vagina. She played with herself for approx. 10 seconds and then replaced the panty. Brink slowly moved down, along my body, pressing herself against me as she moved to straddle my crotch. She completed this • song by placing her arms around my neck and embracing me. Brink pumped her crotch against mine until the song ended. 4 - 233 • Brink dismounted me and sat down to my left. I asked her how much the dance was, I had forgotten what she originally had told me. Brink said that this dance was only $25.00. "You have not seen a $35.00 dance yet" . I started to pull my wallet out but Brink told me not to pay her yet, if I wanted another dance, I could wait and pay her later. Brink began to look through a small black purse, which I had not seen when she originally had approached me. She opened the purse and produced a box of cigarettes. They appeared to be Marlboro's. Brink then produced a lighter and began to smoke. Brink has short blonde hair which she wore straight and somewhat "bobbed" . She had straight bangs which covered her forehead. The sides of her hair extended to about the middle of her ears. The back of her hair was shaved close to her neck. Brink wore light eye shadow with a dark eyeliner on only her top eye lid along the lash line. She wore rd lipstick.. I observed Brink's fingernails. They appeared nicely manicured and may have been fake. Her nails were long with white tips and it appeared that she may of had clear nailpolish on them. Her nails shined in the light. Brink wore gold earrings.. The earrings were thin, solid gold hoops with a. gold flower which hung from the bottom of the hoop. The hoop went through the middle of the flower. The flower had five gold petals. She wore a single, solid gold necklace with a small gold charm. I could not make out the design of the charm. Brink wore numerous rings on her fingers. Brink wore three gold rings on her left hand. She had gold rings on her left index, middle and ring fingers. She also wore a gold rope type bracelet on her left wrist. Brink wore one gold ring on her right ring finger. She wore a black watch with a round face on her right wrist. The watch had a black band with gold accents on the watch face. A waitress came by and asked if I would like to buy Brink a ladies drink. I told her I would and Brink ordered an orange juice. When the waitress returned, I gave her $10.00 for the drink. The waitress placed the drink on the table in front of us. Brink and I talked about the club and the other dancers. Brink pointed out that the black female dancer who was on the main stage, wore hair extensions. Brink told me that she got along with all the dancer's at the club and had never had any problems since she had been working at the club. She said she had been at the club and had danced for only about a year and a. half. Brink then told me about the next black female who was about to dance on the main stage. This would be "Dana" . Brink stated that "Dana" had just burned herself with a curling iron. When asked where, Brink said she had burned her left nipple with the iron while doing her hair in the • dressing room. Brink grimaced as if in pain. I told her I guessed 5 .T • that was a hazard of the job. Brink had finished her cigarette and asked if I would like another dance. I told her I would. At the beginning of the next song, Brink straddled my lap, and began grinding her crotch firmly against mine. She pressed her chest firmly against my face, and rubbed her covered breasts back and forth. She placed her arms over my shoulders and embraced me. She held on to me firmly, as Brink began to pump her crotch harder against mine, simulating a sexual act. She stayed in this position for approx. 30 seconds. Brink sat up and began to rub her breasts through her camisole. She then ran her two hands under her camisole and began to rub her breasts from under the material . Brink pumped up and down on my crotch. Brink climbed off my lap and stood up in front of me. She turned around and lowered her buttocks against my crotch. She began to rub the cheeks of her buttocks against my crotch. Brink leaned back and placed her head on my left shoulder. She squeezed her breasts and as she ground her buttocks into me. I observed the white male bouncer, dressed all in black, come over and adjust the thermostat. The thermostat was directly above the non-functioning lamp directly next to me. He made no attempt to curtail Brink's performance. Brink moved her left leg up onto the couch. She kept her right leg on the floor. She moved her head to my right shoulder. Brink now laid virtually across my body. She grabbed both my hands and moved them to her hips. She guided my hands along her thighs and then back to her hips. I. watched as Brink took her left hand and guided it between her spread legs. She moved her hand under the front of her panty and began to massage her vagina. She then brought her hand out and moved it to her breasts. She pulled her camisole down and expose her left breasts. She took her left hand and began to squeeze and massage her exposed breast. Brink continued this for approx. 15 seconds. Brink sat up and turned around. Brink straddled my lap but leaned back and supported herself with the table in front of the couch. She lifted her legs straight in the air and back to her head forming a large "V" shape. Keeping her legs spread and in the air, Brink used her right hand and pulled her panty to the side. She used her right fingers to manipulate her exposed lips of her vagina. She replaced her panty and repositioned herself on my lap. Brink straddled my lap and finished this song grinding on my crotch and she embraced me. - Brink hurriedly climbed off my lap. She had to go and perform on the main stage. I watched the first song of her performance. She went to the firefighters in the front row and climbed up on the table in front of them. Her back was to me, but it appeared she was allowing them to insert dollar bills into the front of her panty. When Brink would return, two songs later, she would tell me that 6 - 235 • they all were drunk and that one of them threw popcorn on the stage. As Brink was performing on the main stage, I received a couch dance from Coutcher aka "Felice" . After her stage performance, Brink returned to join me on the couch. She sat down next to me and lit another cigarette. We made small talk for awhile and I asked how much longer she had to go. She said she just started work and that she was probably going to • work until closing. She said she usually worked late. A song had past and the. D.J. stated that the next song would be a Texas Tease. This- is a complimentary couch dance where the patron does not have to pay at the completion of the dance. Brink put out her cigarette and said that "This one's on me" . Brink quickly climbed up and straddled my lap. Brink spread her legs wide and began to grind on my crotch. She embraced me as she did this, with her arms around my neck and her breasts pressed against, my face. She pumped and ground on my crotch for the duration of the song. Texas Tease songs are much shorter than regular songs and only last for approx. one minute. Brink climbed off my lap and sat down to my left. She had a disgusted look on her face. I asked Brink what was wrong. She said "what do I have to do to get you excited?" . I told her I was having a great time. Brink asked "what do I have to do to turn you on?" . I told her I didn't know that I could request whatever I wanted. Brink said "I am really getting turned on and I want to turn you on. Tell me what I can do to get you hard" . Brink was looked me straight in the eye when she said this. I told her I really like it when she rubbed her "ass" against my crotch and the way she would grind her crotch against me. Brink smiled and said "That's all I want to know" . I quickly asked if this would cost anymore than . $25.00. Brink said "As long as I can get you hard, I wouldn't think of charging you anymore. I like this as much as you" . The next song started and Brink straddled my crotch and began to vigorously grind her crotch against mine. She embraced me and placed her head 'next to my right ear. I felt Brink begin to breath harder and faster as she began pumping up and down on my crotch. She moved her face in front of mine, resting her forehead against mine. She continued to pump up and down on my crotch. Brink would change speeds from slow to fast and back again. Brink continued this for approx. a minute and then slowly turned around so that her legs were between mine and her buttocks was resting on my crotch. She began to grind her buttocks firmly against my crotch. I felt Brink reach down between her legs and grasp at my- penis. She began to rub her hand firmly against my penis and then grip it as if she was trying to masturbate me. Brink repositioned her left leg over my left thigh and on the couch. Brink left her right leg on the floor. Brink laid back and placed her head on my right shoulder. Her mouth was next to my ear. Brink's buttocks was still pressed against my crotch, grinding 7 - 2340 • away. Brink grabbed my hands and placed them on her hips, as she had done before. She guided my hands along her thighs and back up to her hips. Brink's grinding became more vigorous and I could hear her breathing become more rapid. I believed she was working herself to an orgasm. Brink took her right hand and began to rub her vagina from under the front of her panty. She maintained this until the completion of the song. Brink's breathing subsided and I believed she reached an orgasm. Brink sat up and sat down next to me. She hugged me and told me that was much better. She lit up another cigarette and stood up from the couch. I asked where she was going and she stated she was going to the dressing room to put on another outfit. I watched Brink go into the dressing room. Brink returned and was wearing a two piece black, bikini type outfit. She walked to the main stage to perform again. From a distance the outfit she had on appeared to be a bikini, but when she returned to my couch, she would tell me it was a bra with a bikini bottom. Brink performed two songs on the main stage and returned to my couch. She sat down to my left. Brink asked how I liked her new outfit. I asked if it was a bikini. She told me .I needed glasses. It was a bra and a bikini bottom. The black bra top had a clasp in the back and a lace pattern to the cups. It appeared the cups were underwired. The - bikini bottom was black and worn in a T-bar fashion. They had a string band around the waist with a single piece of material from the front of the waistband to the back. The material could be stretched wide or bunched together. Brink left the material bunched together making an inch wide covering in the front and a T-bar in the back. She wore black high heeled shoes with straps that went around her ankles. She played with the bottoms, showing me how wide she could make the material . Brink had another cigarette and we talked some more. I asked her how old she was. She told me she was only 21 years old. I told her she looked like she was 18 . Brink told me she had a son who was 2.5 years old. I told her she did not look like a woman who had a child. Brink just smiled. She told me her birthday was in November and that she was a Scorpio. I told her I was a Libra. She said Scorpios and Libras are known to get along really well . I told her that was obvious. The waitress returned and Brink ordered another drink. The waitress returned with the orange juice, and I paid her $10.00 for the drink. Brink had another cigarette as we talked. She asked me about my trucking job and I asked if she wanted to go to Portland with me. She declined. Brink then asked what I was thinking when she danced for me. I told her that I thought she was very attractive. She told me she wanted to know specific things I was thinking. Particularly anything that I wished to do to her sexually. I told her I thought about alot when she danced and then posed the same question to her. Brink was just as evasive as I was. • - She said that when I got to know her better, she would tell me what she wanted to do to The D.J. announced that the next song would be another Texas Tease. Brink put down her cigarette and before the song started, she was already straddling my crotch and grinding against me. Brink pulled down both cups of her bra and exposed both her breasts and nipples. In the course of the next minute, Brink managed to place both her nipples against my lips and rub her exposed breasts around my face. As she did this, Brink ground her crotch firmly against mine. She leaned back and massage her exposed breasts. After a few seconds she replace her bra and leaned back, spreading her legs in the air. She kept her legs straight in the air and brought them back to her head. She supported herself against the table in front of the couch. Brink brought her legs back down and straddled my crotch. The song was ending and. Brink asked if she could keep going. I told her that would be fine. Brink kept grinding her crotch against mine. She leaned back and exposed her left breast and nipple. She moved both to my mouth. She pressed her nipple firmly to my lips, trying to get me to take it into my mouth. I did not. Brink then rubbed her breast across my face and moved my face between her breasts. She held my face there and pumped harder against my. crotch. Brink moved off my crotch and stood in front of me. She adjusted her bikini bottom and then straddled me. This time she faced away from me. She supported herself with either her left or right and on the table in front of me. She would alternate between the two. She brought her right hand back and spanked the right cheek of her buttocks. She then sat up and widen her legs, pressing her crotch firmly against mine. She began to slowly pump up and down. Brink leaned back and began to rub and massage her covered breasts. Brink repositioned her legs so that she now straddled my left thigh. She moved up and pressed her buttocks against my crotch. Brink widened her legs and positioned herself so that her crotch was now firmly against mine. She rested her head on my right shoulder. I felt Brink reach her hand between her legs to my crotch. She used her left hand to squeeze my penis through my pants. She used her hand to first rub and grasp my penis through my pants. She rubbed my penis for approx. 20 seconds. Brink moved her left hand to the front of her panty. She rubbed her vagina through the front of her panty and then placed her hand under her panty. She rubbed her vagina, keeping pace with the thrusting of her hips and crotch against mine. I then watched as Brink exposed her vagina so that I could watch as she masturbated herself. She used her fingers to massage and spread the outer lips of her vagina. . Brink continued this for several seconds. Brink covered her vagina and then slowly turned around to straddle me as she faced me. Brink completed this dance by pumping her crotch against mine as she embraced me. At the end of the song, Brink kissed me on the 9 • 23e right cheek and climbed off my crotch. She sat down next to me on the couch. Brink lit up another cigarette. We sat and talked as I watched "Robin", "Karana", and "Felice" perform on the main stage. At approx. 2100 hrs. I told Brink that I had to go and get on the road. I again asked if she wanted to come to Portland. Brink told me maybe some other time. I asked how much did I owe her> Brink told me just a "bill", meaning .$100.00. I gave her the $100.00. plus a $10.00 tip. I asked if she worked on Tuesday. I would be ,getting back into town and would like to see her. She said she would be at the club at about 3:45.p.m. I asked if I could come and see her. She said that would be great. I got my coat and vest and left the club. At the end of my investigation, I returned to my office and completed this case. I positively identified Brink. She had performed before and I had received a shower dance from Brink which was video taped on a previous date. There is no doubt that "Valkrie" is in fact Shara Brink. Brink agreed to sexual contact in exchange for $25.00. There is also no doubt that the purpose for Brink touching me and exposing her breasts, nipples and vagina to me, while she danced, was for the purpose of arousing and/or exciting this detective's sexual desires and interests. Case forwarded to the City Attorney for filing. • Det. K. T. Hayden Approval: McOmber 10 36 • '•\ tok LitMlla! rUleuu vctpai►1.i eia _,..._.-:..__....._. _. INCIDENT REPORT FORM I � --Q.�')q {a12. 0 r D i i6� I A-oZ o/917c8v, i e (SEE REVERSE SIDE FOR 000ES) • ' Reported Date Reported Time Location LocatbbnType Census District RD D , • ore . - 03o4c't /5 /s- /Sbii PALE Fl c i-i1�t/ . 5. LT, , %S Z7Qb :Ott Yes primary OffenseOccurred Code ❑Attempt Occurred Date OccurredTime 0ffiice Off 2 I Dispo(A-Z) Status How Received 143 KComplete D364 I l /.>`t� , 3 i . 0 Offense Code 2 ❑Attempt Summary tin ,�I^ �,j /�.. ❑Complete 51A „(�GC.-•r C/1v`1\ U 1 o(�1 1 `61%)S [X ! -te A&A LT Offense Code 3 ❑Attempt �r�✓► ❑Complete .r .rT oRi)1&1►q . v UN. 0 Victim 0 Complainant . 0 Offender VICTIM ❑Individual ❑Governmenf ❑other PCN(Process Control Number) . CODES J .Witness 0 Registered owner 0 OwNer TYPE ❑Business 0 Religious ❑Udrnown Offender Involvement Only 0 Suspect 0 Driver 0 Missing Person CODES ❑Financiallnstitution ❑Soc/Public ❑Police0fc. No. Name(last,first,middle) Race Sex Date of Bah 14- 1 mte.ozLe. liu i r) L , - Street Address C State Zip Wine Phone Pla eeof Employment WOO 5 5b.xt• .3... 0 Ilk IAA. GCsl V i u tom,,0. Work Phone I 0111 State SOC TID SW FBI • /433-1°q • Height Weight Hair Eyes Ethnicity Residency Citation No. Charge(s) Flag ListodyLrest Typ..Jail Booking Na Jall 1atus 2 • _ Alias Names and Identifiers INV. 0 Victim 0 Complainant Offender VICTIM ❑Individual ❑Garernment ❑Other PCN(Process Control Number) • CODES 0 Witness 0 Registered owner TYPE ❑Business ❑Religious 0 Offender Involvement Only 0 Suspect 0 Driver 0 Missing Person CODES ❑Financial Institution ❑Sac/Public ❑Police Ofe. No. Name(last,first,middle) Race Sex Date of Birth 0- l Le ),3 - 9ELILA* c-Ia2. (A c. tZ2,7L atreetAdd f7UF,� �.J (/�,�� �t�State Zip b Z 3, Home � !`��! Place1�E��1 plument V� . Z:77` — I AUt:, 50, Work Phone -GIStlit. State SOC TID SID FBI Height Weight Hair Eyes Ethnicity Residency Citation No. • Charge(s) (/ Flag Custody Arrest Type Jail Booking No. Jail 5-C I?J1 ,� ►J NI 1 • 2 !c 6 65 7 status Alias Names and Identifiers INV. 0 Victim ❑Complainant 0 Offender VICTIM ❑Individual ❑Government ❑Other PCN(Process Control Number) CODES 0 Witness 0 Registered owner 0 OwNer TYPE ❑Business 0 Religious ❑Unknown , Offender Involvement Only 0 Suspect 0 Driver. 0 Missing Person CODES ❑Financial Institution ❑Soc/Public ❑Police Ofc. . No. Name(last,first,middle) Lace Ss Date of Birth Street Address City ,State Zip Home Phone Place et Employment Work Phone OLN State SOC TID SID. FBI Height Weight Hair Eyes Ethnicity Residency Citation No. Charge(s) Flag ListodyLirest Typ. Jail Booking No. fall 1atus 2 Alias Names and Identifiers . T967S411 • ic.No. LJc.State •Veh.Year Vehicle Make Model Vehicle Style Vehicle Type ' Color YIN -• Description . SOLVABILITY ❑O1 Suspect arrested ❑04 Suspect an be D'd ❑07 Witness to alma ❑10 Signif ant MO present 5 FACTORS: ❑02 Suspect named ❑05 Suspect described ❑08 Grime scene processed ❑11 Useful physical miderce 0 ❑03 Suspect can be boated ❑06 Suspect veh described ❑09 Stolen properly traceable ❑12 Related/simllar Indicents Invest atlinlgPrfca Baggere. InvestigatingOfficer • Bad No. Supervisor�M D, IBRClearance ❑Unfounded ill l l V i)t .. • u. I F F I I/11/1/�-]Q I °arrottAtramn Us Arn,st/Adult ❑n fadotlon l Clear/Adult r/duv iir • TUKWILA POLICE DEARTMENT CASE REPORTt: -020 DATE: March 4th,1994 • TYPE OF REPORT: Continuation TYPE OF CASE: Entertainer/Dancer Violation IBR STATUS: Cleared Arrest/Adult CASE MGMT STATUS CHANGE: 3. Adult entertainer dance club, open for business 5. On 03/04/94 at about 1545hrs. I entered the Deja Vu Club located at 15011 Pacific Hwy. S. for the purpose of ascertaining if any adult entertainer violations would occur in my presence. I entered the club through the front door and was contacted by a male employee who was responsible for the collection of the cover charge. He recognized me as a patron who has been in before. He said "Hi how are ya doing, you've been in before haven't you?" and I replied that I had and asked him how he was. He then said "well it's five dollars and the drinks are bottomless,but you know that." I acknowledged this by saying that I knew the prices and I paid him the cover charge with a $20.00 bill. He gave me a $10.00 and a $5.00 bill for change. I thanked him and he said "have a good time". I then entered the club and went to a table that was two tables in from the front door and five tables from the Southeast exit. The table was on the Southside of the club. The table had three chairs at it and I sat in the middle chair with a clear view of the main stage. The other two chairs were empty and no one else was sitting at this table. I was contacted by a waitress who.asked me what I would like to drink. I ordered a "Coke" which she returned with shortly after. I gave her a $5.00 bill for the drink. When I approached this table I saw that there was a dancer performing at thistime. I knew the dancer from prior contact cases in the club. I knew her as "Hope" and also by her real name Nines. She acknowledged me by smiling and nodding a "hello" as I took my seat. I could also see that there were three other patrons in the club besides myself and they were seated in various locations in the club. 2S t0 r' Parker then began rubbing her exposed vagina then moved her crotch and exposed vagina toward my face. I moved my head to the left avoiding contact with her exposed vagina. They continued this for about 5 seconds. At this time Parker moved over to my left side and turned around facing me,at the same time Ethington got.up and moved onto the couch too,and to my right also facing me. Parker then exposed her right breast and Ethington exposed her left breast and they put their exposed breasts on both sides of my face rubbing their exposed breasts on my face. They did this for about 5 to 10 seconds then Ethington moved over onto me facing away from me and laid forward onto my legs with her legs up by my arms. She reached down and was holding the coffee table in front of us. Parker then climbed over onto me standing over me and straddling my lap and Ethington's legs. Parker then sat down with her buttocks partially on my lap and partially on Ethington's buttocks. Parker then began moving her buttocks forward and back rubbing my lap with her buttocks as well as rubbing against Ethington's buttocks too. At the same time Parker is doing this Ethington was moving her body back and forth on my thighs and into my lap too. They did this for about 10 seconds. At this time Ethington got up off my legs and at the same time Parker stood up and exited the couch. Parker turned and faced me then leaned over onto me. At the same time Ethington knelt onto the couch to my left and leaned toward me. As Ethington leaned toward me Parker took a hold of Ethington's left bra cup. Parker exposed Ethington's breast and began licking Ethington's nipple and while doing this Ethington moved her exposed breast toward my face and at the same time Parker had her left hand behind my head and was pushing my head toward Ethington's exposed breast encouraging me to lick Ethington's breast with her. They did this for about 10 seconds. At this time the song was coming to an end. Parker leaned back away from me saying "Oh, I was just getting really hot too", and Ethington agreed with her. Both asked me if I would like to do it again and I said "no, maybe some other day". Parker asked me if I thought that was great and I told her it was. At this time Parker was sitting on the coffee table in front of us and reached over with her right hand and grabbed my penis and said "Well, I don't think her did anything in his pants,so I guess he's fine" then got up and said "We'll have to do that again some time". I paid both Ethington and Parker the $50.00 each and Parker then left. I told Ethington that I had to go to work now but I'd be back in some time this week maybe. Ethington then said "Can I ask you something" and I told her sure. She then asked me if I thought we could go out this week-end or next. I told her I didn't know and she said "Well, I like everything but Chinese, so maybe we could talk about it when I came back in". I told her we would and then I left the club and went to the station. • Once at the station I obtained the Special Operations Deja Vu license book. I went through the book and located both Ethington and Parker. I positively identified both Ethington and Parker by photograph and stage name. Q There is no doubt in this detectives mind that Ethington was the dancer "Shayla",and that Parker was the dancer "Celeste", both who had just danced for me. There is also no doubt that the purpose for Ethington and Parker touching me while they danced was for the purpose of arousing or exiting this patron's sexual desires and interests. I prepared a report far this case and forwarded it to Sgt. McOmber for filing. • • • Det. Dave McKenzie 5T34 Approved 2.'14 I was in the club for about 5 minutes when I was approached by a female employee and she asked me if I would like a dance. She had blond shoulder length hair that was straight and parted from right to left. She was wearing a "French bikini" type two piece swimsuit. It was blue and white in a swirling "Tiger stripe" pattern. The top was a typical bikini style top and the bottom • was tied with a string and just a piece of cloth covering the crotch area. She was also wearing white high-heels with a 3-4 inch heel. She was also wearing.a gold necklace with a circular gold medallion on it. I told her that I would do the couch dance. She told me to follow her which I did and she took me to the Northside of the club to the couch area and then to the east end of the couch area where we sat down.I knew her from a prior contact case and as we sat down I said "it's Champagne isn't it" and she said "yes, you remembered". She then went on to tell me that she had gotten the carburetor fixed on her car and it was running great. We went on to talk about the different 4x4s on the market and that she liked them because she liked to go camping. While we were talking the waitress approached us and asked me if I would like to buy the lady a drink, indicating "Champagne". I asked "Champagne",later identified as Lehner, Delilah Theresa, if she would like something to drink. Lehner looked at the waitress and told her,very firmly,no. The waitress then left and we went back to talking again and I noticed Lehner was looking toward the bar area and she said "that little bitch", I asked what the problem was and she told me that the waitress was probably bitching her out because she didn't let me buy her a "dancer's drink". I looked over toward the bar and saw the waitress talking to a male with dark hair and wearing dark clothing. I asked Lehner if that was the club manager and she indicated it was. I asked her if she was going to get into trouble and she said no, that the manager was pretty cool and would say anything. She went on to say that they (the dancers) didn't receive any money from the drinks that the club got most of it and they get enough money from the dancers the way it was. She said she,would rather have me spend the $10.00 for a dance than the drink. Lehner went on to say how the club charges each dancer $70.00 to dance there and that the club gives "advances" to the dancers and that some of the dancers owe the club up to $2,000.00 dollars in back rent. Lehner said she owes the club $200.00 in back rent now. At this"point she asked me if I was ready for my dance, and I said yes. She asked me if I wanted the $22.00 dance or the $30.00 dance. I said that she saved me the $10.00 I'd go for the $30.00 dance. Lehner started by climbing onto the couch on her knees straddling my lap. She was up on her knees,leaning slightly backward and began rubbing her crotch with her left hand. She then exposed her vagina by moving the bikini bottom to the right and then began rubbing the outside of her vagina with her fingers. She did this action for a few seconds. She then moved forward pressing my face into her cleavage holding the back of my head with both her hands: Lehner then moved back away from me and began rubbing her breasts then exposed her right breast and began rubbing her nipple with her right fingers. She then leaned forward and pressed her nipple against my lips. Lehner did this for about 5 seconds. She then moved back from my face and sat full weight onto my lap and began rotating her hips around on my crotch. She then stood up and while standing over me began to turn around. While turning around she was slightly bent forward letting the cheeks of her buttocks touch my face as they passed. When she was facing away from-me she stepped down onto the floor and stepped between my legs spreading them apart and backed her buttocks against my crotch. When she did this she began rotating her hips -and pressing against my crotch with some force. She did this for about 5 to 10 seconds. Just .before she stopped this she reached down between her legs with her left hand and took a hold of my penis and began rubbing it for a few seconds. She then stood up and turned around facing me. Lehner kept my legs apart and moved forward still standing on the floor. She leaned forward putting both hands onto my shoulders and laid her body onto mine. She put her face next to my right ear and took my ear into her mouth softly biting my earlobe. She then slid down my body and when her breasts were on my crotch she stopped and began rotating her • breasts on my penis. While doing this she took a hold of my penis with her right hand and began rubbing it. Lehner did this action for about 5 seconds. She then got up and turned half way to her left and put her right leg over my right leg and while leaving her left leg on the floor sat down onto my lap. She sat full weight onto my penis and began moving her hips forward and back simulating intercourse movement. She did this action for a few seconds. While she was doing this the current song ended and she leaned back and asked if I would like another $30.00 dance which I said "sure". Lehner continued to set on my crotch and moving her hips back and forth on my penis for a few seconds more. She then stood up and climbed back up onto the couch facing me. She sat down onto my lap and put both her hands around my neck. She began rotating her hips around and then would move them back and forth. As Lehner did this action she moved her face very close to mine as if she were about to kiss me then moved her head to my right and again took my earlobe into her mouth and began softly biting it. She did this for about 5 to 10 seconds. She then stood back up and turned around again bending forward slightly and letting the cheek-of her buttocks touch my face as it passed by. As she straddled me and was now facing away from me she bent over till I could see her face between her legs she reached up between her legs with her right hand and exposed her vagina by pulling the bottom of her bikini bottoms away to one side and then began rubbing her exposed vagina with the fingers of her right hand. Lehner did this action for about 5 seconds. She then sat down onto my lap for a moment then shifted herself so her right leg was over my right leg and her left leg was on the floor. She then sat full weight onto my lap and began moving her hips back and forth pressing hard against my penis. She continued this action for about 5 seconds then reached behind her with her right hand and began rubbing my penis. She did this for about 5 seconds. Lehner then stood up and turned around facing me. She then went to her knees,spreading my legs apart and began rubbing her breasts on my lap. She did this for about 5 seconds then stood up and bent over putting her forehead onto my penis then tilted her head forward putting the back of her head onto my penis keeping contact with my penis while she did this. She rubbed my penis with the top of her head for about 5 seconds. She then stood up and climbed back onto the couch facing me. She went down to her . knees,straddling me,and began to lean back slightly and then began rubbing her vagina on the outside of her bikini bottoms with her right hand. She then exposed her vagina and brought her left hand over and began rubbing the outside of her exposed vagina with her fingers. She did this action for about 5 to 10 seconds. Lehner then leaned forward moving herself onto my lap and put both hands around my neck and began moving her hips back and forth. While doing this she reached down with her right hand and began rubbing my penis again. She did this for about 5 seconds. At about this time the song ended and she still rubbed my penis for a second or two longer. She then stopped and got off of my lap. She asked if I would like another dance and I told her I would in a little while. I said "how much do I owe you" and she said $60.00. Zi - I paid her with a $50.00 bill and a$10.00 bill. She thanked me and said she would be back later - and she got up gave me a kiss on the left cheek and left.I remained at this couch and contacted another dancer a short time later. I did not contact Lehner again on this date. After leaving the club I went to the station and obtained the Special Operations Deja Vu license book and located Lehner in this book. I positively identified her by both her photograph and stage name. There is no doubt in this detectives mind that Lehner was in fact the dancer "Champagne" who had danced for me. There is also no doubt that the purpose for Lehner touching me while she danced was for the purpose of arousing or exiting this patrons sexual desires and interests. I prepared this report and forwarded it to Sgt. McOmber for filing. • • Det. McKenzie 5T34 Approved_ 739 / • -moo 7 - -'�J NUMBER �7` —t 96-c,2_ ' Tukwila Police Department Offense Code 1 (Offense/Incident Literal) 1 ❑Attempt INCIDENT REPORT FORM /c,/-. �itos-;,4.-vr7o^✓ t plete - '.Reported Date Reported Time Offense Code 2 2 Opts mpt'--- 27 /4 — . ... Z:/-,�. 2 1„,ioc----- 77o"../ ate ..,cation / Offense Code 3 • 3 0 Attempt /`5O//•/- .4v.i7G� f�/ /• S 0 Complete • District of Occurrence RD -Disclosure? / Occurred Date Occurred Time Dispo(A-Z) .Status Flow Received —ems Z!-4:13 .. ❑YesIN.e .:::::731-7•=94-/ _ -Z130 '4 .A o -" 5 .41 GENERAL IBR INFORMATION'required on all criminal incidents) Location Type Offense Related to: CLEARANCE TYPE: 0 M-Arrest Adult Bias Motivation? Domestic Valence? Child Abuse? O Alcohol Of4mpuler . ❑N-Not Applicable . O AJ-Arrest Juv ❑ (specify code): ❑ s �Ci 0 Dregs ibt Applicable o Exceptional*icily code): (88) o Criminal Activity Weapons Used? _ Caliber. Length: THESE ITEMS♦ #Units Entered Entry Met Tools I.sedd Prem.Security ❑ (aPeGh'cnde): Gauge: Gripc/Futish: FOR BURGLARY 1Jo (90) REPORTS ONLY NARRAT : 4 �/.M. "7,s: .2.. • "Z,iOG?' dir•c oiC›,tds't-/7v21a,s-ii •S.=L..-t- l,--+n--77-pL: w/7-1i ia'_.-- ,, / -c'7ZJi 2=7'EG77 7 ,'L ✓io+-- rE1:. T77- —•crS- oF- CA"-4-A-7- . / -/ •C"`fbs7ti6 i5'-. t-e•- ti..�I /n-c 7a4-`c%/1-...6 Pi.4777r,ev.,..,J w.-/i'.c ,t< .:yl�i/.k,6 < c v7✓ T G.77'�. • SOLVABILITY O 01 Suspect arrested O 04 Suspect can be D'd ❑07 Witness to crime O 10 Significant MO present FACTORS: ❑02 Suspect named O 05 Suspect described ❑08 Crime scene processed ❑11 Useful physical evidence • ❑03 Suspect can be located O 06 Suspect vett described ❑09 Stolen property traceable ❑12 Related/similar incident INV. 0 Victim 0 Complainant ender VICTIM 0 Individual 0 Government ❑Other PCN(Process Control Number) CODES 0 Witness 0 Registered owner fffjjj OwNer TYPE 0 Business 0 Religious 0 Unknown Offender Involvement Only 0 Suspect 0 Driver • O Kissing Person CODES O Fu-iancial•Institution O SociPublic 0 Police Ofc. No. stmt. Dyes Name(last,first,middle) Pace Sex DOB/Age Range \� taken? o �.�.Ge1S -7���-/��'•� �ivi7.a�7i t-✓ /� l�117"7/ .street Address State Zip home P ne Place o Employment . . '1 / -7 t, sc City . �F -4.5,-•-e--✓ z. 7s-/c. c> '- vt..) Nock Phone OLN State SOC to SID FBI • Height Weight Hair Eyes Ethnicity Res Charge(s)and/or Citation No. / • Flag Custody Arrest T Jail Booking No. Jail 05- fa, uF• /To A. N 1 /iCo=-7-'iTtll7a✓ 970 '7? _ Status 2 7,•.- 77,,c,,41n-C. A - —, Alias Namesfdenfifiers/Clothing ' 1�/G•77ay-2/� `. — C it" - "k.J•-4,s-7.5— OF- 2/0 INV. 0 Victim 0 Complainant O Offender VICTIM 0 Individual 0 Government 0 Other PCN(Process Control Number) CODES 0 Witness 0 Registered owner ❑OwNer TYPE •0 Business 0 Religious 0 Unknown Offender Involvement Only ❑Suspect 0 Driver 0 Kissing Person CODES 0 Financial Institution 0 SoCJPublic 0 Police Ofc. No. stmt. ❑Yes •Name(last,first,middle) Race Sex DOB/Age Range • taken? ❑No Street Address City j State Zip Home Phone Place of Employment Work Phone OLN State SOC • D SID FBI • Height Weighj Hair Eyes Ethnicity Residency Charge(s)and/or Citation Na. Flag C gt y Arrest T Jail Booking No, Jail • S1 2 �]o�� A Alias Namesi1deners/Ciothing VEHICLE INFORMATION ❑Suspect Vehicle tic.No. Lic.State Veh.Yr. Vehicle Make Veh.Model Veh Type Color VIN • .1 `rrctim Vehicle • / ' aiption ' ' Officer Badge No. Supervisor • • Rev 11/92 -. 1 • • • ' y -CASE NUMBER: 7 — DATE: 03-07-94 • TYPE OF REPORT: CONTINUATION • • TYPE OF CASE: ENTERTAINER/DANCER VIOLATION • IBR CLEARANCE: - OPEN ' • • • 3. Adult entertainer dance club, open for business. 5. On 03-07-94 at approx. 2030 hrs., I entered the Deja Vu . Club located. at 15011 Pacific Hwy. S. for the purpose. of investigating • suspected prostitution activity . and ascertaining if • any adult entertainer violations would occur in my presence. As I approached the main door to the club, from the parking lot, I observed the manager to the club, Scot Lauderbach, escorting a dancer to her car. Lauderbach had blonde hair that was longer in the back and short on top. Lauderbach 'wore glasses. He wore a white buttoned shirt with black pants. I continued walking to the main door and observed another male employee standing near the door. He had short blonde hair and was clean shaven. He wore a blue buttoned shirt and black pants. He walked through the door. I followed but was met by another white male who was responsible for taking my cover charge. The male had walked into the lounge area and stood my the corner of the bar. The male responsible for taking my cover charge wore a black leather coat and a white button shirt. He wore a black bow tie and black. pants. He had short. brown hair. He told -me the cover was $5.00. I gave him a $5.00 bill . In return he gave me a small orange ticket. The ticket was in case I had to leave the club and wanted to come back. I took the ticket and entered the lounge area of the club. I took a seat at a table located on the south side of the club. • The table was two tables back from the main stage and two tables in from the corner of the bar. I sat on the left side of the table, facing the main stage. There was a black female dancer on stage who would be identified as "Dana" . I recognized this dancer from previous investigations inside the club. At .,the ,completion of the song, the D.J. announced that the dancer leaving the main stage was "Dana" . I looked around: the' club and observed approx. twelve patrons seated throughout the lounge area. All the patrons were seated at tables except for two white males who were receiving couch dances from dancers, on the north side of the club. There were approx. ten 1 • 223 dancers at the club. I was able to identify the following: Dana, - Tomi, Felice, Victoria, and Bailey. While in the club, I observed three waitresses. The waitress that served me was a taller white female. She had short, straight, blonde hair to her shoulders. I had not seen this waitress before. She wore a white knit shirt with short sleeves and a collar. She wore black shorts. The other female waitress I observed, I had seen before. She has long curly brown hair, which she wears pulled back. She wore a white tuxedo type shirt with a black bow tie. She wore black bikini type bottoms with black nylons. The third waitress I observed was shorter than the last, and had straight, blonde hair that extended to her shoulders. She, too, wore a black blazer and a white shirt. I was approached by first waitress that I described. She asked me what I would like to drink. I ordered a soda. This waitress had returned with the soda and also brought free popcorn to my table. She told me that refills on the soda were free. I gave her $5.00 for the soda. She asked what about her tip, I gave her $1 .00 as a tip. The waitress thanked me and told me not to tell her manager that she had asked for a tip. I smiled and told her not to worry. I observed the dancer Dana on the main stage. Before she completed her performance, I was approached by "Tomi", who I would later identify. I would receive two couch dances from "Tomi", prior to leaving the club. After my dances with "Tomi"; we both had returned to sit at the table. "Tomi" had to go and perform on the main stage. I sat at the table and watched a portion of "Tomi 's" first performance. As I was watching the stage show, I was approached by "Victoria" . "Victoria asked if I would like a couch dance. I told her I would. She then escorted me to the couch along the south wall . This couch is the first from the bar area. "Victoria" would be identified as Harris. Harris removed her high heeled shoes and climbed up onto my. lap. She spread her legs wide. The next song had already started and with her legs spread, Harris began to grind her crotch against mine. Harris placed her arms around my neck and placed her head to the right of mine. I felt Harris place her tongue into my right ear and then kiss my right earlobe. She whispered in my ear that I smelled really good. Harris sat back and moved her right hand to her left breast. She lifted the cup of her bra and exposed her left breast and nipple. Harris cupped her exposed breast and pressed her exposed nipple to the lips of my mouth. She rubbed her nipple along my lips, trying to get my to suck on it. After approx. 15 seconds, she sat back up and replaced her bra. Harris continued to grind her crotch into mine. She slowly moved her legs between mine, and began to slide down my body, until she was kneeling in front of me, on the floor. On her way down, 2 29-4I r . Harris made it a point to keep her breasts pressed against me. Harris rubbed her breasts against my crotch slightly leaned back. She took her right hand and began to rub and massage my penis through my pants. She did this for only a few seconds and then went back to rubbing her breasts against my crotch. Harris slowly slid her body back up along mine until she was straddling my crotch and groin. She again started grinding her crotch into mine. She leaned her head to my right ear and started kissing my ear. She remained like this as she began grinding her crotch harder intomine. She would start breathing harder as she pumped her crotch, as if she was having sex with me. Harris sat back up and exposed her left breast and nipple. Harris used her index finger and thumb to tug and pinch her nipple, making it erect. She then cupped her breast and pressed her exposed nipple to my lips. Again she held it there, squeezing her breast, trying to get me to suck on her nipple. After about 10 seconds, Harris replaced her bra. Harris slowly worked her wayup my body until she was standing in front of me, on the couch. Harris supported herself with the wall behind me, and began to move her crotch in front of my face. Harris brought her right hand down to the front of her panty. She moved her panty to the side, exposing her vagina. Harris kept her vagina exposed as she moved back and froth in front of my face. It was about 5 inches from me.. Harris continued this for approx. 20 seconds and then replaced her panty. Harris slowly moved down my body and positioned herself onto my crotch. She began to vigorously grind her crotch into mine. Harris moved her head to my right ear and again started running her tongue into my ear and kissing me on my earlobe. She remained kissing my ear and grinding on me until the song ended. When the song was over, Harris asked if I wanted to continue. She stayed straddling my lap. I told her sure. At the beginning of this song, Harris moved to my right ear and started where she had left off. She continued to kiss my ear, as her crotch rubbed along my crotch and groin. Harris would increase her pace and her breathing became faster, as if she was simulating a sex act. Harris stayed in this position for over 30 seconds. Harris sat back and exposed her left breast and nipple. She rubbed her nipple across my face and then concentrated on the lips of my mouth. She cupped and squeezed her breast as she pressed her nipple to my mouth. Harris sat back up and began to play with her exposed nipple. She used her left index finger and thumb to tug and pull at her nipple, keeping it erect. She then would move her hand and squeeze her entire breast with her hand. Harris continued this for approx. 10 seconds. • 22.E . J Harris moved her legs between mine and slowly lowered herself - to the floor. She pressed her breasts to my crotch. Harris rubbed -her breasts against my crotch and groin for approx. 10 seconds. Harris then rested her head on my left thigh. She brought her two hands to my crotch and used both her hands to rub and squeeze my penis through my pants. She did this for another 10 to 15 seconds. I noticed that my waitress had come by and checked my table. She • then looked over to the couch to see where I had gone. The waitress took my glass and then returned with a refill which she placed on my table. Harris slid back up my body, keeping her breasts pressed against me. She moved up until she was standing on the couch in front of me. She pressed her covered vagina to my face and rubbed it across my nose and forehead. She then used her right hand to expose her vagina. Harris took her exposed vagina and pressed it to my nose. I pulled back and she continued to follow. Harris continued this for a few seconds and then replaced her panty. Harris slowly moved down my body and pressed her breasts to my face. She spread her legs and straddled my crotch. She placed her arms over my shoulders and embraced me. She remained pumping her crotch into mine until the end of the song. Harris remained sitting on my crotch and asked if I wanted another dance. I told her I would but asked how much her dances were. Harris had never told me how much her dances were. She said that her dances were $25.00. I told her I was really worried about running short on cash and I thought she was probably really expensive. She smiled and said no. Harris then again asked if I wanted another dance. I told her only if it was like the others. I told her I really liked the way she rubbed her breasts against my face. I also said that her hand technique was great. I told her if she kept that up she wouldn't have to twist my arm for another dance. Harris smiled and said she liked doing that. I then asked if it would still be only $25.00 if she did all that. Harris said "Oh, sure" . I told her I would love another dance. The next song had already started, as Harris began to grind her crotch into mine. Harris immediately leaned forward and pulled up the cup of hr bra, exposing her left breast and nipple. Harris began to rub her breast to my face and then cupped her breast with her left hand. Harris attempted to shove her exposed nipple into my mouth. She held her nipple against my lips for several seconds. Harris then began to rub her exposed breast and nipple across my face and forehead. Harris continued this for approx. 15 seconds. Harris slowly worked her way between my legs. Harris began to kneel in front of me, between my legs. She started to move her shoulders back and forth, rubbing her breasts against my crotch. I noticed a white male employee come to the table in front of the couch. He placed a free pass on the table and then walked away. 4 /" 22 Harris rested her head on my left thigh. She brought both her hands - to my crotch. With both hands, Harris began to knead and stroke my penis through my pants. Harris looked up and smiled as she massaged my penis. Harris continued this for approx. 15 to 20 seconds. Harris slowly stood up and moved to straddle my lap and crotch. Harris spread her legs wide and firmly planted her crotch into mine. She began grinding vigorously, pumping up and down. Harris started to rub both her breast with her hand, squeezing them together. I observed the manager, Lauderbach, walk by the couch. I looked at Lauderbach and smiled. He had looked over at my couch, looked at me and smiled and nodded his head in acknowledgement. He then walked over and stood by the bar. Harris took her left hand and lifted her bra cup, exposing her left breast and nipple. Harris rubbed her exposed breast across my face. She then rubbed her exposed nipple across my lips. Harris held her nipple to my lips and began to squeeze her breast with her left hand. Again, Harris attempted to press her nipple into my mouth. Harris continued this for several seconds and then replaced her bra cup. Harris slowly stood up from my lap. She supported herself with the wall behind the couch. Harris began to move her crotch in front of my face. She slowly lowered her covered vagina to my face and pressed it to my nose. She began to rub it along the bridge of my nose. Harris moved back and used her right hand to pull the front of her panty to the side. She moved back and pressed her exposed vagina to the bridge of my nose. I pulled back but Harris followed, attempting to keep her exposed vagina in my face and on my nose. Harris continued this for approx. 10 seconds. Harris replaced her panty and slid down my body. She spread her legs and straddled my crotch. She began to pump her crotch into mine, as she pressed her covered breasts to my face. She moved her head to my right ear and began to kiss and tongue my ear. Harris remained in the position, pumping and driving her crotch into mine as she kissed my ear, until the end of the song. Harris sat up and asked if I liked the dance. I told her it was great. She then asked if I wanted another. I told her no, but thanked her for asking. I gave her $80.00 for the three dances. I included a $5.00 tip. I then returned to my table. I finished my soda and spoke with "Tomi" for approx. five minutes before leaving the club. I then got up and walked out of the club. Harris had long, straight, black hair which she wore past her shoulders. Her hair appeared to be blown back, exposing her forehead. Harris wore dark eyeshadow and dark black eyeliner. She did not wear any lipstick. Harris did not wear any nailpolish. Harris wore a thin gold necklace with a very small gold charm. I could not make out the design of the charm. She wore six gold bangles on her left wrist. The bangles were solid with no designs. 5 • 227 I observed she wore two gold rings on her left middle and ring - fingers. Harris wore a two piece, matching, bra and panty. Both pieces were white with a small floral print. The small flowers were pink and light blue. The bra top had the print on the cups. The bra had white straps and an elastic back. The bra clasped in the front, between the two cups. There was white lace on the top edges of the cups. The matching panty was thong backed with white lace on the top waist area which wrapped to the back. Harris wore white shoes that appeared to be covered in white satin material, they were not leather. At the end of my investigation, I returned to my office and completed this case. Harris had told me her name was "Victoria", but I could not locate that stage name in the Deja Vu application book. I went through each picture and found Harris' picture. The stage name listed was "Rio" . There is no doubt that "Victoria" was in fact Harris. I positively identified Harris by both her application picture and her driver's license photo. Harris agreed to sexual contact for $25.00. There is also no doubt that the purpose for Harris exposing her vagina, her breast and nipple, and touching me, while she danced, was for the purpose of arousing and/or exciting this detective's sexual desires and interests. Case forwarded to the City Attorney's Office for filing. • • Det. M. T. Hayden Approval: McOmber 6 • • Li r}j '�"' CASE • NUMBER-- 494- ; c I Tukwila Police Department Offense Code 1 (Offense/Incidentliteral) . 1 ❑Ahem - 1 INCIDENT REPORT FORM IL45 q lad )4 JE U10/41 tr• S KEo"plete port Date Reported Time Offense Code 2 . 2 0 Attempt y�C (;1l Z�j ❑Complete • Locatio _ '1 Offense Code 3 3 ❑Attempt 16)11 liVriF G 1- .14.- 5 - • ❑Complete tstnot o Occurrence RD Disclosure? ' Occurred ate Occurrreed/TiTime� • Dispo(AA-Z) Status How Received �-s• VW KYes ❑lo •0 0 Y ['t"G-C/ '/ A S I D ' A GENERAL IBR INFORMATION frequired on all criminal inc nts) • • • Location Type Offense Related to: • CLEARANCE TYPE: '❑AA-Arrest Adult .j Bras Motivation? Domestic Violence? Child Abuse? 0 Alcohol 0 Computer ❑N-Not Applicable AJ-Arrest Juv ❑Yes(specify code): ❑Yes 0 Yes ❑ Drugs Not Applicable ❑Exceptional((edy code): (88) Noo Criminal Activity Weapons Caliber. Length: • ESE ITEMS-1 #Units Entered M Tools Use Preen.Security... °0 Yes No (s y fie): Gauge: Grips/Futish: . REPFORPO • BRT�S LLAARL1Yt NARRATN SOLVABILITY °01 Suspect arrested ❑04 Suspect can be D'd • ❑07 Witness b came ❑10 Significant MO present FACTORS: °02 Suspect named ❑05 Suspect described ' ❑08 Crime scene processed ❑11 Useful physical evidence ❑03 Suspect can be located ❑06 Suspect veh described ❑09 Stolen propeg traceable ❑12 Related/similar incidents . INV. ❑Victim 0 Complainant 0 Offender VICTIM 0 Individual 0 Government 0 Other PON(Process Control Number) CODES g Witness 0 Registered owner 0 OwNer TYPE 0 Business : O Religious 0 Unknown Offender Involvement Only ❑Sus 0 Driver ❑ Missing Person CODES ❑Financial Institution ❑Soo/Public 0 Police Ole • No. Stmt Name(last,first,middle) os4iii Sex DOB/Age Range • IN) l taker,? °No MC-V 1.- iavti0 L • ' nt 20, St c ? e v Cl y lA- Staff L�lE i!ip fame Phone Place K Work Phone OLN State SOC D • SID FBI L 0)? Height Weight Hair Eyes Ethnicity Residency Charge(s)and/or Citation No. • Flag Custaty nest T Jail Booking No, Jail 1 Stus 2 Alias Names/Identifiers/Clothing INV. 0 Victim ❑Complainant Offender VICTIM 0 Individual 0 Government 0 Other PON(Process Control Number) . CODES 0 Witness 0 Registered owner OwNer TYPE 0 Business 0 Religious 0 Unknown Offender Involvement Only . 0 Suspect 0 Driver 0 Missing Person CODES 0 Financial Institution 0 Soc/Public 0 Police Ofc. No. Stmt °Yes Nam (last,first,middle) ce Sex b37(, �Ql taken? o Poa15 DQJl�LL . • AiF 0 ' '-Street Address City Stale Zip Home Phone Place of Employment • Work l -t-{ 31�L 1 e soc �:. A. qt s/(2 c-i 4�y ID SID FBItc-JAI vk •. 24 l 327 ,�33-�-�-34?a • Height Weight Hair Eyes Ethnicity Reside Charge(s)and/or Citation No. Flag CStatususbdy Arrest T Jail Booking No Jail , 5- 13c GZl k fl Z �'- z gyjZy Alias Names/Identifiers/Clothing iI f?MLLI A-- i VEHICLE INFORMATION • -,\I 9Suspect Vehicle lie.No. Lic.State Veh.Yr. Vehicle Make Veh.Model Veh Type Color VIN • Victim Vehicle • Description • • Rev 11i92 . . • • • • TUKWILA POLICE DEPARTMENT CASE REPORT .A 62s DATE: March 8th, 1994 TYPE OF REPORT: Continuation TYPE OF CASE: Entertainer/Dancer Violation IBR STATUS: Cleared,Arrest/Adult CASE MGMT STATUS CHANGE: 3. Adult entertainer dance club, open for business. 5. On 02/08/94 at about 1405hrs. I entered the Deja Vu Club located at 15011 Pacific Hwy. S. for the purpose of ascertaining if any adult entertainer violations would occur in my presence. I entered the club through the front door. I was contacted by a male employee who was responsible for collecting the cover charge from patrons. I gave the employee a "Free Pass" ticket that I had received in a prior case. He said "yeah, this will work" and took the ticket and gave me an admission ticket. He then said "Hey man, have a good time" and I thanked him and entered into the club. I went to a table just inside the club on the South end of the club, two tables in from the front door and five tables from the Southeast exit. There were three chairs at this table and I took the seat in the middle. The other two chairs were on either side of me and no one else was setting there. I was then contacted by a waitress and she asked me if I'd like a drink. I said yes and ordered a "Coke". She left and then returned with the drink saying it would be $5.00. I gave her a $20.00 bill and she gave me two five dollar bills and began to count out five one dollar bills. I.told her to keep the five dollars as a tip. She thanked me and said she could use it because it was very, very slow. I looked around the club and saw that there were only three other patrons in the club besides myself. These patrons were setting around in different locations of the club. Shortly after the waitress left I was contacted by a female employee whom I obtained a violation from. After obtaining the violation I returned to my original table and was then contacted by another female employee. The female employee who contacted me was wearing a two piece "String" bikini style swimsuit with a blue and yellow flower design. The top was tied around the neck and back by string and 291 - the bottoms had a string around the waist and tied in the back with a thong type crotch. She was also wearing off-white high-heel shoes with a 3 to 4 inch heel. The shoes also had two straps across the top of the foot that were close together. She had black hair that was curled and was just below her shoulders. The female employee sat down in the chair to my left and said "Hi, how are you doing today, my name is "Amelia" what's your's?", and held out her left hand to shake mine. I said "Hi, my name is Dave" and I shook her hand. "Amelia" was later identified as Harris, Monique A.. Harris asked me if I had been in the club before and I told her I had. She then asked if I would like a couch dance. I hesitated and said "well I don't know", and she said "you'll love mine, I get to grope you and you get to grope me". I said "well I don't know" and she said "if you don't like the dance you don't have to pay, I guarantee my dances". I said "well you can't beat a guarantee" and she said follow me. We got up from the table and she escorted me over to the couch area on the Northwest side of the club to the couch just to the North of the dancer's changing room and directed me to set down. Harris sat to my right at first and asked me what kind of work I did. I told her I was a recording engineer. She said that one of her friends wanted to do that. She then asked if'I was ready for the dance and I said sure. Harris got up off the couch and stood in front of me then bent over putting both hands on my shoulders and leaned toward me and asked if I wanted the $32.00 dance or the $42.00 dance. I said, a little surprised, forty-two dollars for a couch dance, and she said the $42.00 was the best in the club, that she really got to grope me then. I told her the $32.00 would be fine. She said alright and began the dance. Harris climbed up onto the couch and sat full weight onto my lap and began moving her hips forward and back very forcefully reaching down with her right hand and began rubbing my penis. She rubbed my penis for about 5 seconds then put her hands on my shoulders still moving her hips forward and back. She leaned forward putting her face next to my right ear and began moaning in cadence with her hip motion. She did this for about 5 to 10 seconds. She then stood up standing over me with her legs on either side of my legs and began rotating her hips in a circular motion putting her crotch within an inch of my face. She did this for about 5 seconds then stopped the rotation and put her crotch onto my face. Harris stayed in this position for only a second or two. She then backed away from me turning around and was now facing away from me. While facing away from me she had her legs on either side of me and then bent over putting her hands on my knees to where I could see her face between her legs. She then reached up between her legs with her right hand and began rubbing her vagina. She did this for about 5 seconds then with that hand she pulled the bottoms aside exposing her vagina and began rubbing the outside of her vagina. While still facing away from me she sat down onto my lap. She then took my pant leg just below the knee and pulled outward saying "I have a short leg span so you'll have to put your legs out". She then began to push her hips back and forth on my lap sitting full weight,on my lap, as she did this she reached between my legs with her left hand and began rubbing my penis again. She did this for about 5 to 10 seconds. She then got off of me and onto the floor. She turned 'around and was now facing me. As she did this she sat on the coffee table that was in front of us and put both her legs on either side of me. It should be noted that Harris had not removed her shoes as other dancers have before. She then raised her left leg straight up into the air with her left hand. While it was up in the air she began rubbing her vagina with her right hand. She did this for about 5 seconds. She then lowered her leg and bent forward putting her forehead onto my penis and began rubbing my penis with her hands and P2q - forehead. At this time the song ended and she stopped the dance. Harris then sat to my right and asked me if I had been in the military. I said "what" and she asked me again if I had been in the military. I said yes and she asked me what branch. I told her the Marine Corps, why? She said she thought so because of my tattoos. She then told me she had been in the Sea-bees and had been stationed in Mississippi. She then asked me how old I was and I told her 42 and she said she didn't believe me because I didn't act like someone that old. I asked how do they act and she said they usually complain that they haven't done what they wanted and their usually grumpy. Harris continued small talk about the military for a while then asked if I wanted another dance. I said sure and she began. At this time a male patron had taken a seat on the couch next to us about six feet away on the North wall. Harris began the dance by setting in front of me on the coffee table and was facing me. She held the back part of the table with her hands and brought both of her legs straight up into the air. She then brought them down and leaned forward moving my legs apart and placed her breasts onto my lap. She began rotating her breasts in a circular motion on my penis. While doing this she took a hold of my penis with her hands and began rubbing it. She did this for about 5 seconds. She then got up and climbed onto the couch putting her feet on either side of my legs. She then began rotating her hips moving her crotch toward my face. After a few seconds she then lowered herself onto my lap. She was leaning backwards slightly and began rubbing her breasts. She then exposed her right breast and began rubbing the nipple. She then bent forward and pressed her exposed breast against my mouth trying to force her nipple into my mouth. She did this for about 5 seconds. She then backed away from me and stood up over me. Harris then turned around putting her right foot between my legs and her left foot next to the outside of my left leg. She then sat down onto my left leg bending her left leg outward. She She began looking around as I did too thinking she was looking for someone. She then arched her back and reached around with her left hand and took my left hand pulling it up toward her now exposed vagina and placed my hand onto her exposed vagina. I began to pull my hand away not wanting to touch her vagina and as I did she took a hold of my hand with some force and put my hand there again putting my middle digit slightly into her vagina. At this time I pulled my hand away and out of the grasp of her hand. While she did this the male patron that was sitting near us was looking out direction. Also one of the male employees who do the couch count was standing near the Northeast corner of the V.I.P. area also looking our direction for a moment. Harris pulled the bottoms of her swimsuit back covering her vagina and got onto the floor facing me. She got down onto her knees and in between my legs. At this time she pulled the bra part of her swimsuit away from her breasts exposing them and began rubbing her exposed breasts on my penis. She did this for about 5 seconds and during this time she began looking to her left and right. After this she suddenly pulled my shirt out of my jeans and grabbed my belt with her right hand and at the same time shoved her left hand down my pants and grabbed a hold of my penis and began masturbating me. I said "what are you doing there's people setting right there" and nodded toward the male patron setting near to us. She retracted her hand and began rubbing my penis again from the outside. At this time the song ended and she continued to rub my penis for a few seconds after. Harris then got up and sat next to me on my right again. 293 • I She told me to set right where I was that she'd be back in a moment and she got up and went into the dancer's dressing room. She returned shortly after and sat next to me again on my right. Again she told me I didn't seem as old as I told her that I only seemed to be 29 or 30 years old. She then told me more about her stay in Mississippi. After a few minutes she asked if I'd like • another dance and I told her I had to go but would have one more. Harris started this dance by setting on the coffee table again raising her legs straight up into the air as she had done before. She then climbed up onto the couch facing me with her feet on either side of my legs. She sat down onto my lap, sitting full weight and began pushing her hips forward and back. While doing this she leaned forward putting her face next to my ear and began moaning in cadence with her hip motion. She did this for about 5 to 10 seconds. She then leaned back arching her back and while still moving her hips she began rubbing her breasts with both of her hands. She did this for about 5 seconds then sat up straight and while still moving her hips forward and back she moved the bra portion of her swim top aside exposing her breast and began rubbing both of her nipples. After a few moments she leaned forward and placed her exposed breasts against my face. She then put her hands to the sides of my head and while holding my head she shoved her cleavage against my face hard. She did this for about 5 seconds. Harris then moved back away from me and stood up and backed off the couch. She turned around facing away from me and sat down onto my knees taking my legs by the knees.and spread them apart sliding her buttocks back against my crotch and began moving her buttocks up and down full force against my crotch. While doing this she reached behind her with her right hand and took a hold of my penis rubbing it with the motion of her buttocks. She continued this for about 10 seconds. Harris then stood back up and turned around facing me. She went back down onto her knees between my legs and took a hold of my penis with both of her hands and placed her forehead onto my penis as well and began rubbing my penis up and down with her hands and forehead. She did this for about 5 seconds then took my belt again with her right hand and started to put her left hand down my pants again. I was able to stop this action this time before she could get her hand into my pants. I told her that made me nervous with all these people in here. She then went back to rubbing my penis outside of my pants with both her hands. She did this for about 5 seconds. She then sat back onto the table and raised her legs straight up in the air rubbing the backside of her buttocks and thighs with her hands. She did this for about 5 to 10 seconds. The song came to an end and she got off the table and leaned forward laying on me and pinched my nipples and laughed slightly. She then got off of me and sat next to me. I told her I had to go now and go to work. I asked her how much I owed her . and she said "well lets see, I think it's $128.00". I said OK and gave her $130.00 in twenties and a $10.00 bill. She said "do you want your two dollars in change?" and I said "no you can keep the two dollars". I then got up to leave and she got up and kissed me on the cheek and asked when I might be back in, I told her maybe later this week. I then left the club and went to the station. Once at the station I realized that Harris had charged me for four dances instead of the three I had only received. Upon arriving at the station I obtained the Special Operations Deja Vu license book. I went through the book and located Harris in the book positively identifying her by picture and stage name of "Amelia". 2414 There is no doubt in this detectives mind that Harris was in fact the dancer "Amelia", who had just danced for me. There is also no doubt that the purpose for Harris touching me while she danced was for the purpose of arousing or exiting this patron's sexual desires and interests. • I prepared a report for this case and forwarded it to Sgt. McOmber for filing. • • Det. McKenzie 5T34 Approved 2615 CASE 1' -� NUMBER 9 . — /958 `•ITukwila Police Department erase e 1 ens nt 'e ) • 1 ❑Otempt INCIDENT REPORT FORM i4,/L ,e3-e-cn-7-vri n_l • Somplete p.'eponed Date Reported Time Offense Code 2 2 ❑attempt WicX •-/ Z-15---J0 /S!s . Fig..- /lei C ._./oc...---- Tror`J complete ucation Offense Code 3 3 0 Attempt 5cad/ rc7G. ,e,,A.---f 0 Complete District of Occurrence RD Disclosure? j Occurred Date Time �T ( Dispo{l� Ho�d T� ?__Cd�S 1�40 ,� lj GENERAL IBR INFORMATION(required on all criminal incidents) Location Type Offense Related to:. CLEARANCE TYPE: 0 AA-Arrest Adult . Bias Motivation? Domestic Violence? Child Abuse? 0 Alcohol ❑f.empuoer ❑N-Not Applicable ❑AJ•Arrest IN ❑ (speciy.code): Dyes ❑ s p t,/Co 4 0 Drugs OMApplicable � 1:)Exceptisallspecih code): (88) �No No Criminal Activity Weapons Used? • - Caliber. Length:' THESE ITEMS♦ I Units Entered Entry Methid Tools d Prem.Security _ ❑ (spea/y code): Gauge: Grhpsfnish: FOR BURGLARY (gp) , REPORTS ONLY , . -NARRATIVE /14,01��is'v„..,/..., ..-„ac,g,--) 7 ..- C, o.4-p..24 rrv7700"-ii T. es-,.. L.. icGv..-Ta C7,,.✓ire.-/ , k-...,e7..•••./Cc-it,T DES /,c r -77.-Ac Boni ✓io4-/c 'P -rz T^-,-i....a�1,,,S cc cG-..-0•✓._-?' • • SOLVABILITY ❑01 Suspect arrested ❑04 Suspect can be ID.d ❑07 Witness to crime ❑10 Significant MO present FACTORS: ❑02 Suspect named ❑05 Suspect described . ❑08 Crime scene processed ❑11 Useful physical evidence ❑03 Suspect can be located ❑06 Suspect veh described ❑09 Stolen property traceable ❑12 Related/similar incidents • • INV. 0 Victim 0 Complainant ender VICTIM . 0 Individual ❑Government 0 Other PCN(Process Control Number) CODES. 0 Witness 0 Registered owner ❑OwNer TYPE. 0 Business 0 Religious 0 Unknown Offender Involvement Only ❑ Suspect 0 Driver 0 kissing Person CODES 0 Financial Institution 0 Soc./Public 0 Police Ofc. \.No Stmt ❑yes Name(last.first,middle) Race Sex DO&Age Range O taken? ' _rzieiCJ- ti n//ct �,✓/.n.lT /� 4- �ZCrT3 '' - '+reet Address / City Zip7 a Phone Place o Employment lib . ZC3 //Z . --.� V C ZO/ /�.E'`..7 1,,SLate 4 r?3l 7/ E?�4— J - '.rock Phone OLN State SOC • Ti) SID FBI ze./P/ Z7 Z-7orSo • �! 53c.•ter,(crciS/ . Height Weight Hair Eyes Ethnicity Res' Charge(s)and/or Citation No./ Flag Custody Arrest T Jail Booking No. Jail j• .5,, /• N/ 1 ofv.--fes-rvTvr>O..../7 Status 2 ,A.6 Alias Names/Wentifiers/C tothing "r x,y5/"J - 4J o,4--/ • NV. 0 Victim 0 Complainant 0 Offender VICTIM 0 Individual • 0 Government 0 Other PCN(Process Control Number) CODES 0 Witness . 0 Registered owner 0 OwNer TYPE 0 Business 0 Religious 0 Unkrawn Offender Involvement Only 0 Suspect 0 Driver 0 hissing Person _CODES 0 Financial Institution 0 SooPublic 0 Police Ofc. No. Stmt ❑Yes Name(last,first,middle) ce A Sex 1 DOB/Age Range taken? ❑No Street Address City State Zip Home Phone Place o Employment Work Phone OLN State SOC ID SID FBI Height Weight 'r Eyes Ethnicity Residency Charge(s)and/or Citation No. Flag Custody crest T Jail Booting No Jail 1 2 Status Aims tJamesAdenttifierslClothing , il70'7 , VEHICLE INFORMATION \ I 0 Suspect Vehicle Li°•No. Lic.State Veh.Yr. Vehicle Make Veh.Model Veh Typr Color VIN Victim Vehicle • Actiption 'tvestigat gOfficer Badge No. Supervisor 240 J Rev 11i92 ', f CASE NUMBER: 9� c��o� Pi --d'c7 DATE: 03-10-94 . TYPE OF REPORT: CONTINUATION • TYPE OF CASE: ENTERTAINER/DANCER VIOLATION - PROSTITUTION IBR CLEARANCE:. OPEN - 3. Adult entertainer dance club, open for business. 5. On 03-10-94 at approx. 2145 hrs., I entered the Deja Vu Club, located at 15011 Pacific Hwy. S. for the purpose of investigating any prostitution activity and ascertaining if any adult entertainer violations would occur in my presence. I entered the club through the front door. I was contacted by a large male bouncer I have seen at the club before. He has blonde hair which is shorter on top and longer in the back. He wore a short sleeve black, button-up shirt. He wore a black tie with a silver design toward the middle of the tie. He wore black pants. I noticed he had a tattoo on the inside of his right forearm. This employee was responsible for taking my cover charge. He told me that it would be $5.00. I gave him a $20.00 bill and he gave me a $10.00 and a $5.00 in change. He also gave me a small blue ticket. This ticket was to be used in case I needed to leave the club and wanted to come back. I entered the lounge area of the club. I walked over and took a seat at a table located on the south side of the club. I sat at a table which was two tables back from the main stage, and directly in front of a couch on the south wall. I sat on the right side of the table, facing the main stage. There was a white female dancer currently performing who I was able to identify as "Sydney" . She had blonde hair and wore a. two piece, matching, bra and panty. I sat and watched the two performances by "Sydney". At the completion of her last dance, I was approached by a white female waitress who sat down in the chair to my left. I had recognized this waitress from the previous times I had been in the club. I would learn her name was Gail . Gail asked how I was doing and if I wanted something to drink. I told her a soda would be fine. Gail told me she was having a terrible day and that she was in a bitch of a mood. I asked her what happened. Gail told me that she had come out of her apartment and found that one of the tires on her car was flat. She said it took forever to find someone who could come and help her. Gail said she called one of her customer friends to help. She got the tire changed. Gail then said she came to work 1 2L/f and that they, the managers, had come up with some stupid new - system to serve drinks. She said she had to get a dancer to get a ladies drink before she could start serving regular customers. Gail was not pleased. I told her I was glad to see her and that I would yell for her when I needed a ladies drink. She smiled and told me she would be back with my drink. Gail returned and brought my soda and some popcorn. I gave Gail $5.00 for the soda plus a $1.00 tip. She sat, and talk a little more and then 'told me she had better go before she got in trouble by the manager. Besides Gail, there were three other waitresses. One of the waitresses was short and stocky. She had short, straight, brown hair and glasses. She wore a white, sleeveless, tuxedo type shirt with a black bow tie. She wore a black bikini type bottom with black nylons. Another waitress I saw was taller than the last. She had short, straight brown hair. She wore the same type of outfit. I saw one other waitress which I had not seen before. She was a black female with short black hair. She had light skin. I noticed her as I was getting ready to leave. She wore a black, three quarter length coat and it appeared like she wore black nylons. I looked around the club and observed approx. 12 to 15 patrons, seated throughout the club. Most of the patrons sat at tables. I observed approx. 15 dancers. I was able to identify the following dancers: Indigo, Valkrie, Crystal, Sydney, Robin, Cheresse, Charade, Ashley or Corey, Tia, Aira, Bailey, Sasha, and Tasha. Before receiving couch dances from "Robin", I would receive a couch dance from "Cheresse" . After my couch dance from "Cheresse", I returned to my table. I was then approached by "Robin" . "Robin" would later be identified as Morrison. Morrison asked if I would like a couch dance. I told her I would. I got up from my table and walked over to the couch directly behind me. This couch is the first couch from the bar area. I recognized Morrison from a previous investigation I had done in the club. See case 94-01656. Morrison did not recognize me. Morrison is a heavy set black female with large breasts. Morrison had shoulder length black hair, which was straight and pulled back. She had an elastic hair band that kept her hair in place toward the back of her head. She had her bangs brushed over her forehead. Morrison wore dark eyeshadow but did not wear any other make-up or lipstick. She wore pink nail polish. Morrison wore small, round, gold earrings in each ear. She did not wear any other jewelry. She wore a wristwatch on her left wrist. The watch had a black band and a round, black face. It appeared that it had gold accents in and around the face. 2 242. Morrison wore a smooth purple satin bra. The bra clasped in the - _ back. The cups of the bra were underwired and the cups were smooth, • with no design. Morrison wore a black, lace, thong backed panty. The panty was not see through. Morrison wore a black shirt over the top of her bra. The shirt had buttons up the front, but Morrison left it unbuttoned. The shirt tied around her waist. Morrison wore black, suede, high-heeled shoes. I sat down on the left side of the couch. I was seated upright, with my legs apart and my hands on my thighs. I noticed that "Tia" was about to perform on the main stage. The next song started. Morrison removed her shoes and threw them on the floor. She climbed up on the couch and spread her legs to straddle my crotch. Morrison began leaning in close to my face and pressing her breasts against my face. She held my face between her breasts. Morrison told me that if she started to smother me, for me to just yell . I laughed. She held my face there for several seconds. Morrison rubbed her crotch into mine, and began to pump her hips up and down. She would squeeze her shoulders together, engulfing my face between her breasts. She moved her head to the right of mine and embraced me with her arms. She continued pumping on me for approx. 30 seconds. Morrison slowly moved from my crotch and stood up in front of me. Morrison turned around and lowered her buttocks to my crotch. She began to rub her buttocks along my crotch. Morrison leaned back and rested the rest of her body on top of mine. She rested her head on my left shoulder and used her two hands to rub and squeeze her breasts. Morrison slowly sat back up. She kept her hands on my thighs and began to grind her buttocks harder into my crotch and groin. I watched as Morrison took her right hand and moved it between my legs. I felt her begin to squeeze and rub my penis through my pants. Morrison continued this for approx. 10 to 15 seconds. She then stood up in front of me. Morrison turned around and climbed back onto my lap. She spread her legs and straddled my crotch. She began to grind and rub her crotch against mine. She pressed her breasts to my face and held my face there, rubbing her breasts back and forth across me. Morrison continued this .for approx. 30 seconds. She would rapidly shake her breasts against my face, periodically, in this 30 second period. I felt Morrison use her right hand to reach between my legs and begin to rub and squeeze my penis through my pants. Morrison slowly slid up my body until she was standing on the couch. She supported herself with the wall behind me. Morrison moved her hips back and forth, her crotch inches from my face. Morrison started rubbing her upper thighs along my face. She started with her left thigh and then would move and rub her right thigh across my face. 3 z4/3 Morrison slowly slid down my body and straddled my crotch. She - pressed her breasts to my face and held my face between her breasts until the end of the song. As she did this, Morrison pumped her crotch up and down against mine. The song ended and Morrison climbed off my lap and sat down to my right. I told Morrison thanks. She asked if she could stay on the couch. I said sure. The short waitress with the glasses came over and asked if I wanted to buy "Robin" a ladies drink. I asked Morrison if she wanted a drink. She said she did. She ordered a cranberry juice, but to fill it halfway with water. The waitress returned and I gave her $10.00 for the drink. Morrison and I talked for awhile. She said she had just started work and was kinda drunk. She said she had been drinking with a bunch of the other girls, before coming to work. I asked her what she was drinking. She said she had three Mai Tai's and two Electric Iced Teas. I told her it sounded like a great combination. Morrison said she felt really good. I asked Morrison how long she had been dancing. She said she had been dancing for two years. She said there was one girl that had danced since she was 'fifteen. She said the girl had danced in Las Vegas, you can dance there when you are fifteen. We sat and watched "Cheresse" perform on the main stage, followed by "Bailey" . Morrison asked if I wanted another dance. I told her sure. The next song started, and Morrison moved from where she was sitting to my lap. She spread her legs and straddled my crotch. She ground her crotch firmly into mine and pressed her breasts to my face. She held my face between her breasts as she worked her crotch against mine. Morrison pulled down the shoulder straps of her bra. The straps rested along her upper arms. However, she did not expose her breasts when she did this. She continued to press her breasts to my face. Morrison would sit up and rub and squeeze her breasts with her hands. She would then lean forward and press her breasts back to my face. Morrison continued this for approx. 30 seconds. Morrison slowly lowered herself to where she was kneeling on the floor in front of me. She pressed her breasts against my crotch and groin, and then rubbed her breasts up and down against my crotch. She used her two hands to rub and squeeze my penis through my pants. Morrison continued this for only a few seconds. Morrison slowly stood up and turned around, facing the main stage. She moved backwards and lowered her buttocks to my crotch. She began to rub and grind her buttocks against my crotch and groin. She reached her left hand between my spread legs and started rubbing and squeezing my penis through my pants. She did this for a few seconds. Morrison leaned back and placed her head on my left shoulder. Her entire weight was now on me. Morrison continued grinding on my lap as she used her hands to rub and squeeze her 4 2441 _ covered breasts. Morrison remained in this position until the end of this. song. She then climbed off and sat down next to me. I told Morrison that she had a really nice smile. She said it was worth $2,000.00. She said it was from all the orthodontic work she had done. The announcer then introduced Morrison to dance on the main stage. He introduced her as "Robin" . Before she left, Morrison asked if I could pay her for the two dances. She said each was $25.00. I told her that wasn't a problem and I gave her $50.00 for the two couch dances. She then asked if I would wait and watch her stage performance. I told her I would. She then said she would be back when she was done. During her two songs, I was approached by "Sydney" and "Ashley" to see if I wanted a couch dance from either of them. I told them no, and that I was waiting for "Robin" . At the end of her two songs, Morrison returned to my couch. She asked what I thought. I told her I thought her dance was great. She said she could barely stand on her heels while on the stage. She said she needed another drink. A white female dancer walked by and Morrison told me she looked like she was pregnant. She said alot of the girls looked like they were pregnant. We spent the next several minutes trying to figure out who might be the pregnant dancers in the club. Morrison asked if I wanted another dance, I told her I should be going. She pleaded for one more dance. I told her O.R. The song had already started and had been going for several seconds. Morrison moved from where she was sitting, to standing in front of me. She kneeled down and pressed her breasts to my crotch. She began to rub them up and down along my crotch, pressing them firmly into me. Morrison used her two hands to rub and squeeze my penis through my pants. She had placed her hands under her breasts as she did this. Morrison continued this for several seconds. Morrison stood back up and then turned around. She raised both her legs to the couch, straddling me. She faced away from me and supported herself with the table in front of the couch. Morrison leaned on the table and brought her right hand to my crotch. She rubbed and squeezed my penis some more, and then slowly sat up. She leaned back and rested her head on my left shoulder. She kept rubbing my penis. She then brought her hands to her breasts and began to rub and squeeze them. Morrison stayed in this position until the end of the song. She slowly moved to where she had sat before. Another song passed and we watched "Pasha" on the main stage. I told Morrison that I had to be going. She said I needed one more dance. I asked Morrison, that if I was to give her an extra $50.00 would she keep rubbing her breasts in my face and rubbing my crotch with her hand. Morrison said she would. I told her that would be great. The next song started and Morrison stood up from the couch and - moved between my legs. She knelt down and began to rub my penis with her hands. She then pressed her breasts to my crotch and began rubbing those up and down. She would alternate between her hands and her breasts. Morrison continued this for approx. 30 seconds. Morrison slowly slid up my body until her breasts were pressed against my face. She held my face between her two breasts as she brought her legs up to straddle my crotch. Once securely on my crotch, Morrison began to grind her crotch firmly into mine. She remained with her breasts engulfing my face. Morrison leaned back and asked if this is what I liked. I told her I did. She then pressed her breasts back around my face. Morrison continued this for approx. 30 seconds. Morrison slowly stood up in front of me. She supported herself with the wall behind the couch. She moved her crotch to my face and pressed her covered vagina to my nose. She then moved her hips back and forth, rubbing her thighs along my face and nose. She then repositioned herself to press her covered vagina to my face again. I pulled back and no contact was made. Morrison slowly slid down my body and secured my face between her breasts. She reached her hand between my legs and began to squeeze and rub my crotch with her right hand, concentrating on squeezing my penis. She sat up but kept her hand on my penis, stroking it. Morrison looked 'at me and smiled. She pressed her breasts to my face and placed her head to the left of mine. She began to breath harder as she increased the pace at which she was grinding her crotch into mine. She completed her dance in this position. When the song ended, Morrison climbed off my lap and sat down next to me. I pulled out my wallet and gave her $50.00 for the two dances plus the additional $50.00 for the extra sexual contact she had agreed to. I thanked her and told her I hoped to see her next week. She hugged me and then kissed me on the right cheek. As I was leaving the club, Gail stopped me and gave me a free pass. I thanked her. At the completion of this investigation I returned to the station to identify the two dancers who had performed for me. I returned to my office to complete this report. I obtained the 1994 Special Operations Deja Vu license book. I reviewed the application packet belonging to Morrison. I positively identified Morrison from her application photo and D.O.L. photo. I had also remembered her from the previous investigation that I mentioned earlier. Morrison agreed to sexual contact for an additional $50.00, on top of her normal price for her couch dance. There is no doubt that the purpose for Morrison touching me in the manner that 6 2 • • she did, while she danced, was for the purpose of arousing and/or exciting this detective's sexual desires and interests. Case forwarded to the City Attorney for filing. • • • Det. M. T. Hayden Approval: McOmber • . . "•<j J; CASE ' • NUMBER — 6-4,bcz rTukwila Police Department Offense Code 1 (Offense/Incident Literal) 1 o Attempt INCIDENT REPORT FORM . --•__ /5l5 `_`lfiL`-e7 it Uk/f9-77 5.-J`) X.Complete Da — Reported Time_ Offense Code 2 _ 2 J0 Attempt Compete i. . ! // `it i' `•1 ',. . Location , Offense Code 3 3 J Attempt �� OComplete ' SD4( "Pr'rI • .�� . . ' District o Occurrence RD Disclosure? —Occurred Date Occurred Time Dispo(A-Z) II Status ` How Received . r s" Z 0�' � f o n3 ,y y i�1r.� I I n GENERAL IBR INFORMATION(required on all criminal incidents) Location Type Offense Related to: CLEARANCE TYPE: ,'IAA-Arrest Adult Bias Motivation? Domestic Violence? Child Abuse? 0 Alcohol O Computer J N-Not Applicable 0 AJ-Arrest Juv ❑Yes(specify code): - ❑Yes C Yes 4'.16 -, J Drugs gNot Applicable J Exceptional(specify code): Leo(88) 4���`No f No Cnminal Activity Weapons Used? • Caliber: , Length: • THESE ITEMS♦ #Units Entered' Entry Method Tools Lsed Prem.Security l. C Yes(speciy code): A Gauge: Grips/Finish: FOR BURGLARY O No (90) REPORTS ONLY , NARRATIV .5t6P11 1 - C M/u 17�"� V i0/? L)/•U S Cc- lfig 'eLlir f'x'it g /g/,..E•r;, 020t,,.)Aco-- . SOLVABILITY C 01 Suspect arrested • 0 04 Suspect can be ID'd J 07 Witness to crime ❑10 Significant MO present FACTORS: 0 02 Suspect named J 05 Suspect described J 08 Crime scene processed 011 Useful physical evidence { i 03 Suspect can be located J 06 Suspect veh described• J 09 Stolen property traceable • 012 Related/similar incidents I • INV. C Victim J Complainant ❑Offender VICTIM 0 Individual 0 Government C Other PCN(Process Control Number) ' CODES .'Witness 0 Registered owner C OwNer TYPE C Business :D Religious =Unknown Offender Involvement Only 2 Suspect C Driver C Missing Person CODES :_,Financial Institution 0 Soc/Pub he C Police Ofc. No. ; Stmt. .Yes Name(last,first middle) gate • Sex DOB/Age Range taken? .-No !' ': —� L 1i 1 � I �--��c t t. LXltl l3 � . i 'et Address i City State ZipHome P Employmeti , 3111�� . ,�., A_ l Cy r. ;3f (` 9. •(.1 k:A.WM r.)r - Work Phone r OLN State SOC TID SID - FBI I433 - 1' uV Height Weight Hair Eyes Ethnicity Residency Charge(s)andlor Citation No. Flag Custody Arrest Type Jail Booking No. Mil • 1 Status 2 I Alias Names/identifiers/Clothing • I INV _ Victim C Complainant 4e0ffender VICTIM C Individual C Government C Other PCN(Process Control Number) CODES C Witness 0 Registered owner OwNer TYPE 0 Business 0 Religious C Unknown Offender Involvement Only C Suspect C Driver 0 Missing Person CODES C Financial Institution 0 Soc/Put is C Police Ofc. I No ; Stint. Yes Name(last,first middle) G / /j • • Race�� J1 Se , /DDOOBBIAg(e R/angel f ; taken? 'No fl R.���L Lk/LA L L1 !T Gl/A r -�/ L)iJ;7 . 1Streei Address / t. f / City State Zip �f Home Phone Place Place of Employ�meent C 7��q l�l f: 4JJJ/JV�/ I/�j l r ��[x �1 y��r l/,S'• ./.XY• r'� (- .1 7 }'-'I7!"mac }�C j VL•t . • Work Phone OLN State SOC TID TID SID FBI Height Weight Hair Eyes Ethniaty Residency Charge(s)and/or Citation No: Flag Custody Arrest I Jail Booking No, - Jail _ 1 Static 5-7 t17, 6(r' p,•J 0 N 2 Alias Names/identi iers/Clothing • VEHICLE INFORMATION I ' Ltc.No. .Uc.State Veh.Yr. Vehicle Make Veh.Model VehTypE Color VIN • 1 Suspect Vehicle \''' Victim Vehicle . )escnption • • , lot<esagatin Oft ter Badge No. Supervisor 2e0 ! .` "IA .4-7.-,71 t.." •-,. Rev11/92 t -I J W" • TUKWILA POLICE DEPARTMENT CASE REPORT-A 033 • DATE: March 14th, 1994 TYPE OF REPORT: Continuation TYPE OF CASE: Entertainer/Dancer Violation IBR STATUS: Cleared Arrest/Adult CASE MGMT STATUS CHANGE: 3. Adult,entertainer dance club, open for business. 5. On 03/14/94 at about 1445hrs. I entered the Deja Vu Club located at 15011 Pacific Hwy. S. for the purpose of ascertaining if any adult entertainer violations would occur in my presence. I entered the club through the front door and was contacted by a male employee who was responsible for collecting the cover charge from patrons. He asked me how I was doing and I told him I didn't know if I should be in the club or out in the sun. He agreed and then said the cover charge was $5.00 and said "but you know that", and I gave him a $20.00 bill for the admission. He then gave me three five dollar bills in change and an admission ticket. I then entered the club and went to a table on the South side of the club. This table was two tables from the front door and five tables from the Southeast exit. There were three chairs at this table with all of them facing the main stage. I took the chair in the middle and was facing the main stage. The other two chairs were on either side of me and were empty with no one else sitting there. There was a female dancer on the main stage currently performing that I know as "Hope" from other contacts. Shortly after sitting down I was contacted by a waitress who asked me what I would like to drink and I ordered a "Coke". She returned shortly after with the drink and I paid her the $5.00 charge with a five dollar bill. While waiting for the drink I looked around and could see there were only two other patrons in the club besides myself. These patrons were sitting at different locations in the club. Shortly after receiving the drink I was contacted by a female employee I knew from previous contacts as "Shayla", who has been identified as Ethington. She was dressed in a black lacey bra and matching thong or "G"-string panties. She was also wearing black arm stockings that go from her hand to her elbow. She also was wearing sheer,black ankle high socks with lacey trim at the top and black high-heel shoes in a mesh design. 28l •• _ The heels of her shoes were about 3 to 4 inches high. She had long dark brown or black hair, slightly curled and went to the middle of her shoulder blades in the back. Ethington was also wearing ear rings that hung down about one to two inches but because of her hair and the lighting in the club I could not tell what the pattern was or if they were a gold or silver metal material. Ethington sat down beside me at the table and eventually lead me to the couch on the ' North west side of the club that is directly next to the door of the dancer's dressing room. After a period of time I obtained a dancing violation from Ethington and she then went to perform • on the main stage. I then obtained a dancing violation from a second female employee by the name of "Taylor". When Ethington returned she asked me if I would be interested in a dance from two dancers at once. She then pointed to a.dancer I know as "Celeste" and said "she and I dance really good together". I asked her how much it would cost and she said $50.00 each. She then called "Celeste" over and she too said they dance well together and it would be an experience I would not forget. I told them after a while that I would take the dance. They lead me to the V.I.P. area and had me set on the couch just inside the V.I.P. area to the right of the entry way and on the North side of the area. "Celeste" has long black hair that extends down to the middle of her back and had a slight curl in her hair. She was wearing a black lacy bra and a black lacey body-suit that covered her crotch and went up over her arms. The front of the body-suit was open showing her bra. I did not see what kind of shoes she was wearing or the color. As I sat down "Celeste", who was later identified as Parker, told Ethington to start on the bottom. At this time Ethington knelt down between me legs facing me and Parker stood over me facing me. At this time Parker began rotating her hips in a circular motion moving her crotch with in a half inch of my face. At the same time Ethington began rubbing my penis with her forehead. They did this for about 5 seconds then exchanged places. Ethington was now standing over me facing me and Parker was between my legs. Ethington sat down on me just above my lap and exposed her right breast to me and pushed it against my face at the same time Parker began rubbing my penis with her hands. They did this for about 5 seconds then Ethington moved off of me and to my left,as she did Parker moved up to my right side and was now laying half the way across my body. Ethington then exposed her left breast and moved it toward my mouth as she did Parker began licking Ethington's exposed breast. Parker put her left hand behind my head and pushed my head toward Ethington's exposed breast in an attempt to have me lick Ethington's breast along with her. They did this for about 5 to 10 seconds. Both then backed away from me and Ethington moved over onto me,straddling my legs with hers setting on my thighs. Parker then straddled me standing over me and facing away from me. Parker then sat down on my lap and now both girls were facing each other. Both began moving their hips forward and back covering my lap and thighs. They did this for about 5 to 10 seconds. At this time Ethington then got off of me and knelt down between my legs again and began rubbing my penis with her forehead and hands at the same time Parker stood up and while still facing away from me she bent forward and down to the point I could see her and Ethington between Parker's legs. Parker then began rubbing her vagina with her right hand then pulled the crotch of her body-suit to the side exposing her vagina. .I -4 - .• _ • .. . Foit-SE < <i '! NUMBER = Tukwila Police Department Offense Code 1 ,(Offense/lnadent • • • • • — Literal) i ^/nemp: •�. INCIDENT REPORT FORM —f `;,s:.. , :--1---�i---- • . ._ - -- , mpe:e ' ' "',00rted Date . - Reported Time--- - - —Offense Code 2 — — • 2 Anempt • / %Compete -location Odense Code 3 3 E Attempt / ^Complete�'` �_ District of Occurrence RD Disclosure?• / Occurred Date Occurred Time Dispo�A•Z) Status / Flow Received T (-- DYes ✓?Z�^�_,/ � Z�-"_GJ' !•+ `/ •.� 4 GENERAL IBR INFORMATION (required on all criminal Incidents) Location Type ' Offense Related to: CLEARANCE TYPE: 0 AA-Arrest Adult Bias Motivation? Domestic Violence? Child Abuses • Alcohol . 0 computer. ,1 J-Not Applicable 0 AJ-Arrest Juv ' DYs(specify code): D yes s A.� .. Drugs . ott Applicable ID Exceptional[specify code): . +o(88) <r 10 o Cnminal Activity Weapons Used? - Caliber: Length: THESE ITEMS♦ r Units Entered I Entry Method Tools Used Prem.Security Dyes(specify code): Gauge: Grips/Finish: FOR BURGLARY Ii a?,-No (90) REPORTS ONLY 4:. NARRATIV : -�i/ -5:.�� �!/GEC. :c->/�c-'T c•,-:-:- Pi' :T.-.-,�:!C.•"-' S',••i• -'-_ !��--/�.;^ ";--/- J . , f.- //,,c,-/-'- "� /+.=-7-c_•.:._.77.i-•. J ✓2'71-1-wE: ✓rt.,l T/-•^.: S i�.", C -7.-7-y7'S , G. .'ti�i7...-/ ..-'4-1'. - /v-.-G-',.��Ltr`L+ r-Z„L /_lE!-4--•r7..25: SOLVABILITY ._•01 Suspect arrested G 04 Suspect can be ID'd G 07 Witness to crime 0 10 Significant MO present FACTORS: E.02 Suspect named 0 05 Suspect described G 08 Crime scene processed G 11 Useful physical evidence 03 Suspect can be located G 06 Suspect veh described G 09 Stolen property traceable 012 Related/similar incidents INV. = Victim _Complainant Offender VICTIM ElIndividual . G Government I' Other PCN(Process Control Number)• CODES _ Witness 0 Registered owner a OwNer • TYPE 0 Business :E Religious Unknown Offender Involvement Only _ Suspect E. Dnver 0.Missing Person CODES 0 Financial Institution 0 Soc./Public E Police Olc No• I Stmt. Eyes. ' Name(last,first,middle) Face Sex DOB/Age Range \' I,. .1 taken? -rlo T�/c. ..i e. _ . c3�/.Sec�c-�- /Y. '" A- ,- Cr7 .v7 City State Lip Dome Phone Place o Employment reef Address . 7 ' ✓ —,�v�/ C„f". /S •-22 j�?=1;r•A / �,.;4 `:7 ='s- 2s5 r 3. n..„ -v` • Work Phone OLN . State SOC TID SID FBI Z-/F/-1 Z! Z�r`-7—) :•--4 >—— •7:7. s /%' Height Weight Hair • Eyes Ethnicity Residency Charge(s)and/or Citation No.�J: ' dY� Flag Cusledyl iArrest Ty Jail Booking No Jail / 1 f 'e icy Status J 1 Alias Names/identifiers/Clothing • • INV -;Victim D Complainant G Offender VICTIM ❑Individual 0 Government G Other PCN(Process Control Number) CODES 0 Witness Registered owner 0 OwNer TYPE 0 Business 0 Religious• D Unknown Offender Involvement Only • Suspect _, Dnver 0 kissing Person CODES 0 Financial Institution 0 Soc/Public G Police Olc. j No. Stmt. =yes 1 Name(last,first,middle) Race I Sex, I DOB/Age Range taken? _No I A I Street Address City State Zip ' Home Prone 1 Place of Empoyment I • Work Phone OLN State SOC ' , TID SID . I FBI I • Height Weight 1 Hair I .Eyes Ethnicity Residency Charge(s)and/or Citation No. i Flag• CustodylA•rest TypejJa:1 Booking No. Ja j Status . 11 2 I / _A I A Alias Names/Went tiers/Clothing 1 VEHICLE INFORMATION I 0 Suspect Vehicle Lic.N° Lic.State Veh Yr, Vehicle Make Veh.Model Veh Type Color VIN 1 1 Victim Vehicle • — Oescnption - Investigating Officer Badge No Supervisor A�b '� -0'• v! /sires. - ice/ _ ii. - t Rev i t 13. . • CASE NUMBER: v• DATE: 03-22-94 TYPE OF REPORT: CONTINUATION TYPE OF CASE: DEJA VU INVESTIGATION IBR CLEARANCE: - OPEN 3. Adult entertainer dance club, open for business. 5. On 03-22-94 at approx. 2050 hrs., I entered the Deja Vu Club, located at 15011 Pacific Hwy. S. for the purpose of investigating any prostitution activity and ascertaining if any adult entertainer violations would occur in. my presence. I entered the club through the front door. I was greeted by a tall white male, dressed in a white shirt and a blue, parka type coat. I did not recognize this male from my other investigations inside the club. He was approx. 06-01 and 180 pounds. He had black hair and a mustache. He wore black slacks. This employee was responsible for taking my cover charge. He told me that it would be $5.00. I gave him a $20.00 bill and he gave me a $10.00 and a $5.00 in change. He also gave me a small red ticket. This ticket was to be used in case I needed to leave the club and wanted to come back. I entered the lounge area of the club. I noticed that the manager on the floor was Scot Lauderbach. He had short brown hair, a mustache, and glasses. He wore a white, button up shirt and black pants. I looked at the bartender and identified him as Jerry Shackles. He had short brown hair and wore a white shirt with a bow tie. I also observed one other white male that I had observed in the club before. It appeared that he was the bouncer. He was a slender white male with short brown. hair. He wore a black button up shirt and black pants. I would observe this male walking about the club and also counting the couch dances which would be occurring. I walked over and took a seat at a table located on the south side of the club. I sat at a table which was two tables back from the main stage, and directly in front of a.couch on the south wall . I was seated next to the east fire exit for the club. I sat on the left side of the table, facing the main stage. There was a white female dancer currently performing on the main stage. I was able to identify this dancer as "Tomi" . She had straight, auburn hair and wore a two piece, matching, neon green bikini type outfit. She also wore knee high tan, leather boots. I know "Tomi" from other investigations I have conducted in the club. • 1 • • I sat and watched the two performances by "Tomi" . During her - second dance, I was approached by a white female waitress who sat - down in the chair to my left. I had recognized this waitress from the previous times I had been in the club and she recognized me. She asked how I was doing and told me she had not seen me in a while. I told her I was glad to see her and that I was glad to see she was in such a good mood. This waitress had short brown hair. Her hair was straight and was cut to her ears. She wore a dark red lipstick and heavy makeup. She said she was happy because it was her Friday and that she had the next three days off. I told her I hoped the sun was out so she could go and do something exciting. She asked if I wanted something to drink. I told her a soda would be fine. The waitress returned and brought my soda and some popcorn. I gave her $5.00 for the soda. She said she would check back with me later to see how I was doing. I thanked her. I noticed that she wore a white, sleeveless, tuxedo type shirt. She wore a black bow tie and black bikini type bottoms. She also wore black nylons. There were two other waitresses. One of the waitresses was short and stocky. She had short, straight, brown hair and glasses. She wore a white, sleeveless, tuxedo type shirt with a black bow tie. She wore a black bikini type bottom with black nylons. The third waitress I observed, I had not seen before. She wore the same waitress type outfit. She was a white female with shoulder length brown hair. I looked around the club and observed approx. 15 patrons, seated throughout the club. About five of these patrons were receiving couch dances. I observed approx. 15 dancers. I was able to identify the following dancers: Indigo, Valkrie, Tomi, Shayla, Kelsie, Leilone, Sugar, Rio, Aira, Candice, Paige and Tiffany. I was sitting at my table, when I was approached by a white female dancer who I know as "Sugar" . She asked if I would like a dance. I told her that I was waiting to meet with "Paige" . ("Paige" was a dancer I had met on 03-18-94 . I had made arrangements to meet Paige at the club on this date. I observed her talking to a male as I originally took my seat at the table.) "Sugar" told me that Paige was her roommate. I told her I knew that from the last time I met Paige. "Sugar" would be identified as Jurtsuk. Jurtsuk asked again about a dance. I told her I did not want to upset Paige. Jurtsuk said that they were good friends and that Paige would not be mad. I told her, in that case, I would likea dance. I noticed a smell of alcohol on Jurtsuk's breath. Jurtsuk told me to follow her over to the couch. I walked over to a couch which was behind my table. It was the middle couch on the south wall . I sat down on the left side of the couch. There was an older white male sitting on the right side of the same couch. 2 266 • I looked to my left and saw Paige on the next couch, talking to - _ a white male with dark hair. She acknowledged me and said Hi . I told her I came in to see her. Paige said she had been waiting. I asked if she minded if I got a dance from her roommate. Paige said no. Paige said she would come over when Jurtsuk was done. Jurtsuk and I sat on the couch before the current song ended. She sat to my - left. Jurtsuk told me she heard from Paige that I was a really nice • guy and that Paige really liked me. The next song started and Jurtsuk got up from the couch to perform her dance. Jurtsuk moved from the floor to my lap. She spread her legs and straddled my crotch and groin.. Jurtsuk moved her hips slowly, grinding her crotch into mine. She slowly moved both her hands to her breasts and began to squeeze and rub them through her bra. After a couple seconds, Jurtsuk pulled down the left cup of her bra and exposed her left breast and nipple. She cupped her breast and began to squeeze it. Jurtsuk leaned forward and pressed her left nipple against the lips of my mouth. She held it there, forcing it against my lips. Jurtsuk slowly rubbed her exposed nipple along my lips and then along my face. She kept my face pressed to her breast for approx. 20 to 30 seconds, before replacing the cup of her bra. Jurtsuk slowly stood up on the couch. She supported herself with the wall behind me. She began to move her crotch in front of my face, slowly swaying back and forth,. Her crotch was approx. five inches from my face. Jurtsuk lowered herself down so that she pressed her lower stomach against my face. She then slowly slid her body up, my faced pressed against her, until her covered vagina was pressed' against my mouth. Jurtsuk rubbed and pressed her vagina against my mouth and nose for a few seconds, before she slowly slid down my body. Jurtsuk positioned herself on my crotch and groin and began to grind firmly against me. Jurtsuk leaned in and pressed her breasts to my chest. She moved her head to my right ear and I heard her breathing hard as she was grinding against me. I then felt Jurtsuk kiss and then tongue my right ear. She did this for a couple of seconds and then sat back up. Jurtsuk slowly stood up in front of me. She turned around and faced toward the main stage. Jurtsuk moved backward and lowered her buttocks to my crotch. She supported herself with her hands on my thighs. Jurtsuk began to rub •and' grind her buttocks up. and down against my crotch. Jurtsuk leaned back and lay across my body. She rested' her head on my right shoulder. Jurtsuk ground her body against mine as she rubbed and squeezed her breasts with her hands. Jurtsuk slowly sat up and continued to grind her buttocks firmly into my crotch. I then observed as Jurtsuk took her right hand and moved it between my legs. I felt her rub and squeeze my penis through my pants. Jurtsuk continued this for only a few seconds and then she stood up from my lap. 3 ,25 • • Jurtsuk turned around and re-straddled my crotch and groin. She _pressed her breasts to my face and rubbed both her breasts back and forth across my face and mouth. Jurtsuk leaned her head to my right - ear and began to kiss and tongue my ear a second time. She did this for a few seconds and then forced her breasts to my face. She held my face between her breasts, as she rode me, until the completion of the song. Jurtsuk stood up and sat back down on the couch, to my left. . Jurtsuk told me the dance was $50.00. I told her I could not believe it was $50.00. I thought she was kidding. She again told me it was $50.00. I asked Jurtsuk why it was so much. She said that was the price for her dances. I told her that her price was twice that of some of the other dancers. She knew I was not pleased, but I paid her the $50.00 for the dance. She then asked if I wanted another. I told her no. Jurtsuk remained on the couch to talk to me. She sat and told me she. thought I was really cute and understood why Paige liked me so much. I told Jurtsuk I really thought that she had a great smile. Jurtsuk smiled and said that she and Paige were alot alike. I told Jurtsuk that I thought her and Paige probably got along really well . Jurtsuk told me that I should come over to their place sometime. I told her I would like that. She said that we could all have a really good time.- I asked her what she meant. She said we could have a few drinks and the three of us could have some fun. I told Jurtsuk that it sounded quite erotic. Jurtsuk said that it would be better than the club. I again asked what she meant. Jurtsuk said that I at least would not have to spend any money on ladies drinks or a cover charge. I told her I would really like that. As we were talking, Paige walked over to the couch. Paige came over and sat down on my lap. She hugged me and said she was glad that I came in. She said she had been waiting for me. I told her I was really glad that she was here tonight. Paige asked if she could stay on the couch with me. I told her of course, the reason I came into the club was to see her. Jurtsuk said she was going to go and make some money. Paige and I remained on the couch and talked for about five minutes. We then got up and moved to a couch on the north side of the club, next to the door to the dressing room. I was at this couch for the next hour. I would spend most of my time with Paige. However, Jurtsuk would come and sit and talk. with us. During my time with Paige she had to go up and perform on the main stage. She performed two songs. During her first song, Jurtsuk came to the couch and sat down to my right. She asked if I wanted another couch dance. I told her I did not want to make Paige mad. Jurtsuk said that Paige would not be mad. Jurtsuk continued to beg for me to dance for her. I told her I did not want to spend another $50.00. I wanted to save my money for Paige. Jurtsuk said I could always go to the cash machine. 4 '2 52- , ) I told Jurtsuk, that if I got another dance, I wanted my $50.00 - _ worth. I told her that I really. thought she had great "tits", and would she rub her nipples across my face. She said she would. I told her I would love a dance. The current song had already been playing for several seconds. Jurtsuk moved from the couch and straddled my crotch. She began to pump her crotch firmly against mine. Jurtsuk used her two hands and pulled down her bra. She exposed both her breasts and nipples and leaned in to my face.. She pressed her nipples against my face and then moved one- and then' the- other to the lips of my mouth. She would hold them there and press them firmly to my lips. She kept her nipples and bare breasts pressed to my face for approx. 30 to 40 seconds. Jurtsuk replaced her bra and then leaned her head to the right of mine. She kissed and tongued my right ear. Jurtsuk sat back up, and then stood up on the couch. She supported herself with the wall behind the couch. She pressed her covered vagina to my nose and then pressed it to my mouth. She pressed it firmly to my mouth and tried rubbing it along my lips. Jurtsuk tried this for approx. 10 seconds. Jurtsuk slid her body back down and positioned herself onto my crotch. She spread her legs wide and ground her crotch into mine. She sat upright. I watched as Jurtsuk used her right hand to rub and squeeze my penis through my pants. She brought her hand back up and placed both hand around my neck. Jurtsuk embraced me and pressed her breasts to my face. She held my face between her breasts. Jurtsuk sat back up and pulled down both cups of her bra, again exposing her breasts and nipples. She pressed both her nipples to my mouth, one after the other. She cupped her left breast and tried to feed me her left nipple. Jurtsuk then covered her breasts and held my face between them, pumping her crotch up and down against mine. Jurtsuk finished the dance in this position. Jurtsuk dismounted my crotch. and sat back down to my right. I gave her the $50.00 for the dance. Jurtsuk asked where her tip was. I was confused and asked what she meant. Jurtsuk said she wanted a $10.00 tip. I asked why. She said that it was an extra $10.00 for her to rub both her nipples across my face, not just one. I told her I did not think her breasts were that expensive. She smiled and I gave her the extra $10.00 for the extra nipple. Jurtsuk remained on the couch until Paige returned. Jurtsuk again asked if I was interested in coming over to their place sometime. I said I would love to and that we should make plans sometime, soon. I observed that Jurtsuk had an accent. She said that she was from France. When Paige came back to the couch, a waitress came by and I ordered two ladies drinks for both Jurtsuk and Paige. We all talked for awhile and then Jurtsuk had to leave to go perform on the main stage. We made plans for the following 5 • • ( Tuesday, to meet for drinks. I. remained for another 20 minutes with Paige. I eventually 'told her I had to go. I then left the club, after being escorted to the door by Paige. • Jurtsuk is a white female. She has long, curly, black hair. Her hair hung down past her shoulders to almost the middle of her back. Jurtsuk's bangs were long and she had them brushed back over to the right. I noticed that Jurtsuk had a very prominent nose. She wore dark eyeshadow and eyeliner. She wore a dark red shade of lipstick. I observed that Jurtsuk wore red nailpolish. Jurtsuk wore two, thin, gold. necklaces. One hung close to her neck and the other hung down to the middle of her chest. She had two gold rings on her left middle and left ring fingers. Jurtsuk had one gold ring on her right ring finger. I observed that she wore a watch on her left wrist. The watch had a shiny black band with a round, gold face. Jurtsuk wore a two piece, matching, black bra. and panty set. The bra clasped in the back, with straps going over her shoulders. The cups had a lace- design on the cups and had an underwire support to each cup. I observed a small, white, faux pearl between the cups. The matching black panty had a lace design in the front and was thong backed. Jurtsuk wore a black garter belt. It had a faux pearl in the middle of the front waist of the garter belt. She wore black, thigh high stockings. The stockings had a black lace design. Jurtsuk wore black high heeled shoes. While Jurtsuk danced, I had noticed that she had a tattoo on her upper left shoulder blade. I also noticed that she had a pierced belly button which appeared to have a gold ring through it. At-the completion of this investigation I returned to my office to complete this report. I obtained the 1994 Special Operations Deja Vu license book. I knew Jurtsuk from previous investigations and verified her picture in the application book. Her 1993 picture closely resembled the way she looked on this night. I verified identity by both application photo and her driver's license photo. Jurtsuk agreed to sexual contact in exchange for $50.00, as well as an extra $10.00 for the exposing of a second nipple.. There is no doubt that the purpose for Jurtsuk exposing her breasts- and touching me in the manner that she did, while she danced;' was for the purpose 'of arousing and/or exciting this detective's sexual desires and interests. Det. M. T. Hayden Approval: McOmber 6 q 25 • • ,/- 3'1I `' NUMBER 91- 7e) • I Tukwila Police Department ro' de 1 (Offensellncident Literal) 1 ❑ apt ''INCIDENT REPORT FORM Z • .otos-T��✓T�' ^J date)orted Date Reported Time eode 2 2 apt•. ` •-C3a✓ �/...T-/1Ti�N`,i-� ✓iOC.-/%-7V� plate L���Z. ode 3 3� ❑Attempt •{So// /0�4�—/�/� 1�A�/ ❑CanpleteDistrict of Occurrence RD Disclosure?/ Date Occurred Time Dis (A-Z) Status Hew Received �-s- ZG� l ❑Yes FloZ3� zv�-Zzo A cd A o 4 GENERAL IBR INFORMATION(required on all criminal incidents) Location Type Offense Related to: CLEARANCE TYPE: 0 AA-Arrest Adult Bias Motivation? Domestic Violence? C Child/ ld Abuse? ❑Alcohol 0 computer 1 Et A Not Applicable l-Arrest Juv ❑per( fie) "' ' 4 0 Drugs. i bt Applicable ❑ExceptionalJspe ify code): •• }40( ) ysr+ �rrw Criminal Activity Weapons Used? Caliber. Length: ESE ITEMS♦ 8 Units Entered Entry Met; Tools Used IPrem.Security ❑ (specify code): Gauge: 1 GripsIFinish: FOR BURGLARY • -- I (90 • REPORTS ONLY NARRATIVE: �� /17vc.G>! �G/l � Tr7AtT` cvOOilR"'� /! S--E--..e✓�— Cc.,.,T��ii c.�'T.4./ ,,ew. /....,ci.are-.4. rag TEST I ,.--11•••1,ch/� ✓�Gc%J n sue-, niJ z- e' c��-rJ,..,c-T.---/ -4-1 Ai .v..G a/L ."rfca-r�. ' { SOLVABLITY ❑01 Suspect arrested • ❑04 Suspect can be ID'd ❑07 Witness to crime ❑10 Significant MO present FACTORS: ❑02 Suspect named ❑05 Suspect described ❑08 Crime scene processed ❑11 Useful physical evidence • ❑03 Suspect can be located ❑06 Suspect veh described ❑09 Stolen property traceable ❑12 Relatedlsimilar incidents INV. 0 Victim 0 Complainant 14iender • VICTIM 0 Individual 0 Government 0 Other PCN(Process Control Number) - - CODES 0 Witness 0 Registered owner ❑OwNer - TYPE ❑.Business: • 0 Religious 0 Unknown Offender Involvement Only 0 Suspect 0 Driver 0 Ilfissing Person CODES 0 Financial Institution 0 Ser./Public 0 Police Ofc. DOB/Age ' No• Stint ❑ Name(last hrst,middle) '- _ taken? /rt/�,�,. ' �/zi � /Cac.4./�c OZ- .aeet Address / ' ' L . City State Zipirn..._, e `/ Place ooil Sex Employment —4f T , 4 S c— • G A.-4��- " 1�• c.�Q 1POSCo Co'7lO�7f' GKT/-v�} N Work Phone OLN State SOC . TID SID • FBI t • 7 /32'7 'ZJ/A-/S Q 'S3/-a. P3// Height Weight• Hair Eyes Ethnicity Res' Charge(s)and/or Citation No. Flag Susaody Arrest T Jail Booking No. Jail i izn /s�� cam/ d /\/ 1 ,cpeca-/—irc."774:"./ 797eva3 2 - a —A 4 Alias Narnes!dentifierslclothing INV. 0 Victim 0 Complainant 0 Offender VICTIM 0 IndividuaL�R 0 Government 0 Other PCN(Process Control Number) CODES 0 Witness ❑Registered owner 0 OwNer TYPE 0 Business 0 Religious 0 Unknown 'Offender Involvement Only ❑Suspect 0 Driver ❑ Missing Person CODES 0 Fuioncial Institution 0 SocdPirblic 0 Police Ofc. DOB/Age Range No. Stint ❑Yes Name(last,first,middle) taken? ❑No Street Address City I State Zip Home Phone Place of Employment Work Phone OLN . State SOC tilD SID FBI • Height Weight Hair Eyes Ethnicity Residency Charge(s)and/or Citation No. _ • Flag Susatoly Arrest T Jail Booking No Jail 2 • A Alias Namesilden iers/Clothing • ' VEHICLE INFORMATION 0 Suspect Vehicle ' �•No. Lk.State Veh.Yr. Vehicle Make Veit Model VehType' Color • VW 0 Victim Vehicle ' _ Description • • Investigati Officer Badge No. Supervisor a�.J fib/j�.�iJ ./'✓.�. i. --iv— /filc- ',5C-2 l.�.J Rev 11/92 " V CASE NUMBER: •-.XL DATE: 03-22-94 TYPE OF REPORT: CONTINUATION TYPE OF CASE: DEJA VU INVESTIGATION IBR CLEARANCE: - OPEN 3. Adult entertainer dance club, open for business. 5. On 03-22-94 at approx. 2050 hrs., .I entered the Deja Vu Club, located at 15011 Pacific Hwy. S. for the purpose of investigating any prostitution activity and ascertaining if any adult entertainer violations would occur in my presence. I entered the club through the front door. I was greeted by a tall white male, dressed in a white shirt and a blue, parka type coat. I did not recognize this male from my other investigations inside the club.. He was approx. 06-01 and 180 pounds. He had black hair and a mustache. He wore black slacks. This employee was responsible for taking my cover charge. He told me that it would be $5.00. I gave him a $20.00 bill and he gave me a $10.00 and a $5.00 in change. He also gave me a small red ticket. This ticket was to be used in case I needed to leave the club and wanted to come back. I entered the lounge area of the club. I noticed that the manager on the floor was Scot Lauderbach. He had short brown hair, a mustache, and glasses. He wore a white, button up shirt and black pants. I looked at the bartender and identified him as Jerry Shackles. He had short brown hair and wore a white shirt with a bow tie. I also observed one other white male that I had observed in the club before. It appeared that he was the bouncer. He was a slender white male with short brown hair. He wore a black button up shirt and black pants. I would observe this male walking about the club and also counting the couch dances which would,be occurring. I walked over and took a seat at a table located on the south side of the club. I sat at a table which was two tables back from the main stage, and directly in front of a couch on the south wall . I was seated next to the east fire exit for the club. I sat on the left side of the table, facing the main stage. There was a white female dancer currently performing on the main stage. I was able to identify this dancer as "Tomi" . She had straight, auburn hair and wore a two piece, matching, neon green bikini type outfit. She also wore knee high tan, leather boots. I know "Tomi" from other investigations I have conducted in the club. • 251 ," I went into the club in order to meet "Paige" . I would later - identify "Paige" as Michaud. I had met Michaud on 03-18-94 and we had made arrangements to meet at the club on today's date, at 9:00 p.m. I looked around the club and observed Michaud talking with the tall male employee that had taken my cover charge. I looked in her direction, but Michaud did not see me. I sat and watched the two performances by "Tomi" . During her second dance, I was approached by a white female waitress who sat down in the chair to my left. I had recognized this waitress from the previous times I had been in the club and she recognized me. She asked how I was doing and told me she had not seen me in a while. I told her I was glad to see her and that I was glad to see she was in such a good mood. This waitress had short brown hair. Her hair was straight and was cut to her ears. She wore a dark red lipstick and heavy makeup. She said she was happy because it was her Friday and that she had the next three days off. I told her I hoped the sun was out so she could go and do something exciting. She asked if I wanted something to drink. I told her a soda would be fine. The waitress returned and brought my soda and some popcorn. I gave her $5.00 for the soda. She said she would check back with me later to see how I. was doing. I thanked her. I noticed that she wore a white, sleeveless, tuxedo type shirt. She wore a black bow tie and black bikini type bottoms. She also wore black nylons. There were two other waitresses. One of the waitresses was short and stocky. She had short, straight, brown hair and glasses. She wore a white, sleeveless, tuxedo type shirt with a black bow tie. She wore a black bikini type bottom with black nylons. The third waitress I observed, .I had not seen before. She wore the same waitress type outfit. She was a white female with shoulder length brown hair. I looked around the club and observed approx. 15 patrons, seated throughout the club. About five of these patrons were receiving couch dances. I observed approx. 15 dancers. I was able to identify the following dancers: Indigo, Valkrie, Tomi, Shayla, Kelsie, Leilone, Sugar, Rio, Aira, Candice, Paige and Tiffany. I was sitting at my table, when I was approached by a white female dancer who I know as "Sugar" . She asked if I would like a dance. I told her that I was waiting to meet with "Paige" . "Paige" was now sitting on one of the couches over my left shoulder. I pointed over to the couch where "Paige" was at. "Sugar" looked over to see where I was pointing. "Paige" was sitting on the couch with a white male with dark hair. "Sugar" told me that "Paige" was her roommate. I told her I knew that from the last time I met "Paige", on Friday night. 2 757 "Sugar" asked again about a dance. I told her I did not want to upset "Paige" . "Sugar" said that they were good friends and that "Paige" would not be mad. I told her, in that case, I would like a dance. "Sugar" told me to follow her over to the couch. I walked over to a couch which was behind my table. It was the middle couch on the south wall . I sat down on the left side of the couch. There was an older white male sitting on the right side of the same couch. ' I looked to my left and saw "Paige" on the. next couch, talking to a white male with dark hair. She acknowledged me and said Hi . I told her I came in to see her. "Paige" said she had been waiting. I asked if she minded if I got a dance from her roommate. "Paige" said no. She said she would come over when. "Sugar" was done. "Sugar" and I sat on the couch before the current song ended. She sat to my left. "Sugar" told me she heard from "Paige" that I was a really nice guy and that "Paige" really liked me. The next song started and "Sugar" got up from the couch to perform her dance. At the completion of "Sugar's" dance, "Paige" came over and sat down on my lap. She hugged me and said she was glad that I came in. She said she had been waiting for. me. I told her I was really glad that she was here tonight. "Paige" asked if she could stay on the couch with me. I told her of course, the reason I came into the club was to see her. "Sugar" said she was going to go and make some money. "Paige" and I remained on the couch and talked for about five minutes. She asked if I wanted to go and sit somewhere else a little more private. I told her that would be great. We then got up and moved to a couch on the north side of the club, next to the door to the dressing room. This couch faced out toward the lounge area. I was at this couch for the next hour. During this time, I would spend most of my time with Michaud. However, "Sugar" would come and sit and talk with us on several different occasions. Michaud asked if I was ready for a dance. I told her I had been waiting for her. Michaud said she had been waiting for me to get here so that she could just climb up on me and have her way with me. I told her that would be "cool" . The song had already started and Michaud climbed up onto my lap. She spread her legs and 'straddled my crotch and groin. . She began to rub and grind her crotch against mine. She placed her arms over my shoulders and moved her head. 'to the right of mine. She began to firmly grind her crotch into mine. She whispered in my ear "I've been waiting to do this" . I heard her start breathing harder and faster as her rhythm increased, simulating a sexual act. Michaud remained in this position for 30 to 40 seconds.. Michaud leaned foreward and pressed her breasts to my face. I noticed she had a bra on. She did not have one on when she danced 3 250 for me on 03-18-94 . Michaud moved her chest back and forth, rubbing _ my face along her breasts. I told her that she did not smell like "Smores" . Michaud frowned and said she did not wear those fragrances this evening. I told her I was most disappointed. She said she would wear it next time. Michaud continued to grind her • crotch into me. She did this for several more seconds and then slowly stood up on the couch. Michaud faced me, supporting herself with the wall behind the couch. She swayed her hips and crotch in front of my face. She brought her left hand down to her crotch and began to rub the outside of her vagina. Michaud did this for a few seconds and then turned around, on the couch. Michaud bent down, supporting herself with her hands on my thighs. She moved her left hand between her legs and rubbed her vagina from this position. After a few seconds she slid back down and straddled my crotch. Michaud moved her legs to the floor and between mine. She rubbed her buttocks against my crotch and groin. She then leaned back and rested her head on my right shoulder. With her body grinding against mine, Michaud used her hands to rub and squeeze her breasts. She slowly sat back up and completed her dance, grinding her buttocks against my crotch. The song had already ended, but Michaud continued her grinding. She did this for almost 20 seconds. Michaud slowly leaned back and asked if she could keep going, "this feels so good" . .I told her she had no complaints from me. Michaud kept her head resting on my right shoulder, as she wiggled her buttocks across my crotch and groin. She used her two hands to rub and squeeze her breasts. I heard Michaud start breathing harder as she did this. I noticed the white male bouncer/couch counter walk over to the dressing room door, directly next to my couch. He looked in the dressing room and then stood and looked out toward the lounge. He stayed next to my couch for several seconds. He made no attempt to discourage Michaud's dance. Michaud remained laying on me for 20 to 30 seconds. Michaud sat up but continued grinding her buttocks firmly into my crotch. The bouncer just walked away. Michaud slowly stood up and turned around to face me. She climbed back onto the couch and spread her legs, to straddle my crotch. Michaud started riding me again. She pumped her crotch up and down. She leaned in close and pressed her breasts to my face. She squeezed her shoulders together, pressing my face between her two breasts. Michaud moved back and sat up. She smiled and told me that I really turned her on. She said I was really good looking and that I felt really good. I thanked her for the compliment and told her if she kept that up she would make my head swell, not to mention my ego. Michaud just laughed. 4 5R Michaud leaned in and embraced me. She placed her head to the left of mine.. She began to grind harder against my crotch, driving her crotch firmly into mine. She remained like this until the current song ended. This lasted for approx. another minute. The song ended but Michaud stayed pumping on my crotch. She whispered in my ear and asked if I wanted her to keep going. I told her we had better stop before I became over heated. Michaud rested her forehead against mine and told me she really liked this. I agreed with her. Michaud dismounted my crotch and sat to my left. Michaud hugged me and thanked me for coming in. I told her I had promised and that I really wanted to see her. We sat and talked for the next twenty minutes. Michaud told me that she was not feeling very well . She said that she was on some medication for a lung infection. Michaud also said that she had asthma and that she was taking a form of a steroid for the asthma. Michaud said she had gained almost 25 pounds since being on the steroid. Michaud noticed one of the dancers come out of the dressing room. She made a face at her and told me she was really a bitch. I recognized this dancer as "Indigo" . Michaud said that "Indigo" thought she was hot shit. Michaud told me that she had started with this Deja Vu and had taught all the dancers how to dance. Michaud told me she had been busted about two years after she had started with the club. She said she stayed away from dancing for awhile but missed it, and the money. Michaud began to tell me about a guy she use to date. She said they use to have a sexual relationship, but they were now, just friends. She told me the guys name was "Russ", and that he works for the Deja Vu Corporation. Michaud described how Deja Vu was a corporation and that her friend, Russ, was the PET for Deja Vu. I told her I did not understand. Michaud described how the corporation had a CEO and that the PET worked under the CEO. The PET was responsible for the money side of the club and also handled alot of the inner workings of individual clubs. She said Russ was actually bonded up to $2 million. Michaud said that if she ever had a problem with any of the dancers, she could tell Russ and that the problem would eventually be resolved. It meant that the dancers would be fired or moved to another club. I asked if Michaud had gotten her problems resolved with the police. She frowned and told me they were at her place again last night. She said that her roommate, "Sugar", had some more problems with her boyfriend. "Sugar's" boyfriend came over and cut her brake cables and the police did nothing about it. Michaud said the police could only do something if they caught "Sugar's" boyfriend in the act. Michaud was not pleased. 5 2Cao I told Michaud I really liked her tattoos. She told me that - they both were dragons. The tattoo on her ankle was a band tattoo, and was a dragon which wrapped around her left. ankle. She leaned forward and showed me the tattoo on her left shoulder blade. This was the head of a dragon, and appeared to be in blue ink. I told her I had one on my shoulder, also. She said she had hers done at Rick's in Forks. I told her I never heard of him. She said he did really good work. Michaud asked if I wanted another dance. I told her I would. We waited until the next song started. The next song began, and Michaud moved from the couch. She . climbed onto my lap and spread her legs. She straddled my crotch and began to grind her crotch into mine. Michaud began to grind harder, firmly pressing and rubbing her crotch against mine. Michaud looked me in the eye and smiled. She pressed her chest to my face. Michaud moved her chest from side to side, rubbing her breasts across my face. Michaud moved her head to my right ear. I felt her kiss my ear. She then started to breath harder as she slowly increased her grinding on my crotch. Michaud leaned back and sat up. She began to rub her hands over her breasts. As she did this, she squeezed and rubbed her breasts. Michaud leaned closer and pressed her chest and breasts to my face. She moved her shoulders back and forth, rubbing her breasts across my face. Michaud continued this for several seconds and then slowly leaned all the way back, until she was supporting herself with the white table, in front of the couch. She lifted her legs in the air and spread them wide, forming a large "V" shape. She swayed her hips back and forth and then moved her right hand between her legs. Michaud moved the front of her panty to the side. Michaud exposed her vagina and used her fingers to rub and massage the outer lips of her vagina. After a few seconds, Michaud replaced her panty and then reached up, extending her hand to me. I grabbed her hand with mine and pulled her back up so that she could sit up on my lap. Michaud spread her legs and straddled me. She began grinding her crotch into mine. She pressed her chest to mine and leaned her head to the right of mine. She whispered, "you don't mind if I just keep doing this for awhile?" . I told her I-really liked her like this. For the next 40 to 50 seconds, Michaud remained grinding and embracing me until the end of the song. After the song was over, Michaud remained riding and pumping my crotch. She told me "this feels so good., I don't want to get off" . I told her stay as long as she liked. Michaud remained on me for another 20 to 30 seconds. Michaud climbed off my lap and sat down next to me. "Sugar" came over and sat down to my right. The three of us talked . for awhile. Michaud asked if I would consider going and having a drink with her after work. I told her that I could not do it tonight, but I would love to make a date sometime later. "Sugar" said she really 6 21P/ • • _ wanted me to go out drinking with them. I again told them I would - love to. They both told me they had been out drinking before they came into the club. I definitely smelled alcohol on both their breaths. "Sugar" then said that when we were done drinking, I really should come over to their place and have some fun. I told them I would really like that. Michaud said she had to get up and perform on the main stage. I told her I would wait for her until she was done. "Sugar" said she would stay on the couch with me. • Michaud walked away and "Sugar"asked if I wanted another dance. I told her I would. After my couch dance from "Sugar" a waitress came by and I ordered two ladies drinks. The waitress returned and "Sugar" and. I talked until Michaud returned from the main stage. When Michaud returned, the three of us talked about meeting after work next week. I told them I would work on my schedule and I would try for next Tuesday. "Sugar" said I better meet them because it would really be some fun. "Sugar" got up to leave and leave Michaud and I alone. Michaud put her arms around me and hugged me. She said she really wanted to go have a -drink sometime. I told her I would. I said I really wanted to see her. She asked if I was seeing anyone. I told her I was single and available. I told her I was really excited that she came in tonight. I told her I thought it was just a line she gave me the last time she was in. Michaud said she found me really attractive and said she usually did not come in to meet customers on her days off. Michaud said she begged and pleaded with the manager to let her come in for a couple of hours. I told her I was really glad she could arrange it. Michaud and I decided on another dance. She laid across my body, perpendicular to me. Her crotch rested on my lap, and her chest rested on the couch. Michaud began to pump her hips up and down, grinding her crotch into mine. She brought her right hand back and began to rub and caress the right cheek of her buttocks. Michaud did this for several seconds and then moved up to a kneeling position. Michaud moved her right leg over my lap and straddled me. She spread her legs and started to grind her crotch, firmly into mine. She leaned in close and rubbed her breasts to my face. I noticed that she. had removed her bra. Michaud only wore her camisole. She leaned back and pulled down the front of her camisole top. Her straps to the top fell off her shoulders. Michaud leaned back toward my face and began to rub her exposed breasts and nipples across my face. She then concentrated on putting her exposed nipples to the lips of my .mouth. She held her nipples to my mouth, moving from one to the other. Michaud continued this for approx. 10 to 15 seconds. 2i Michaud replaced her camisole and sat up. She rubbed her crotch - to mine. She sat back farther on my thighs and used her hands to rub and squeeze my penis through my pants. Michaud slowly stood up between my legs and turned around. I watched as Michaud pulled her black panty down to the middle of her thighs. She bent over slightly, with her legs spread, and brought her left hand between her legs. Michaud began to rub the exposed lips of her vagina. Michaud slowly moved back and lowered herself to my crotch. She pressed her exposed vagina to my crotch. She began to rub and grind her vagina along my -covered penis. I watched as Michaud took her left hand and brought it between her legs. I felt her start rubbing my penis as she started to rub her exposed vagina, at the same time. Michaud would change her rhythm as she massaged the two of us. Michaud leaned back and rested the rest of her body on mine. She continued to rub her vagina. Her panty was still around the middle of her. thighs. Michaud continued this for approx. 30 to 40 seconds. Michaud sat up and then stood up, replacing her panty. She turned around and restraddled my lap. Michaud leaned forward and pressed her breasts to my face. She placed her arms around my neck and embraced me. She rested her head on my left shoulder. Michaud firmly ground her crotch into mine. I observed a waitress walk by and look into the VIP lounge. She looked at me and smiled. The waitress then walked away. Michaud remained grinding and pumping herself into me for the rest of the song. Michaud remained straddling and moving on my crotch. She whispered in my ear asking me if she could stay on top of me for one more song, I told her I had to be going but one more song would be fine. I asked Michaud if she could do me a favor. She looked at me and asked what she could do. I told her that I had an extra $20.00 . I asked Michaud, that if I gave her my extra $20.00, on top of the $40.00 for the dance, if she would just let me feel her naked breasts across my face. I told her I needed something to keep me going until next Tuesday. Michaud smiled and said she would do anything for me to keep her fresh in my mind. I told her great. Michaud immediately moved the straps of her camisole off her shoulders, exposing both her breasts and nipples. Michaud pressed her breasts and nipples to my face. She moved her shoulders back and forth, caressing my face with her nipples and breasts. Michaud stayed like this for over a minute. I noticed the white ,male. , bouncer/couch counter walk to the dressing room and then stand.: by the entrance to the VIP lounge. He stood there while Michaud rubbed her nipples across my face. The bouncer eventually walked away. Michaud stayed on top of my crotch, with her camisole top down, exposing her breasts. Michaud Leaned in close and kissed my left ear. She embraced me and held me tight while she kept her breasts pressed to my chest. 8 zc05 • She continued to ride me for another 30 to 40 seconds. Michaud sat - up and reached her hands under my cut off sweat shirt. She began to knead and rub my chest and shoulders. Michaud told me it really turned her on that I was so big. She asked if I worked out. I told her I did. She continued to rub my chest and told me how she found me so attractive and how I really turned her on. I told her she was doing wonders for my ego. Michaud leaned back and leaned against the white table in front of the couch. She moved back and forth, rubbing her crotch against mine. She brought her left hand between her legs and placed it between my crotch and hers. . The back of her hand rubbed along my crotch as she rubbed it along hers, simulating masturbation. She continued to rub her body and hand against me for approx. 10 seconds. Michaud climbed off my lap and stood up in front of me. She bent forward and rested her head between my legs, at my crotch. She rolled up, in a somersault fashion, and threw her legs over my shoulders. Her back rested against my body. With her legs over my shoulders, and her crotch just below my chin, Michaud pulled her panty to the right, exposing her vagina. Michaud began to rub and massage her vagina with her right hand. She moved her hips back and forth as she played with herself, simulating masturbation. Michaud finished her dance in this position. Michaud sat back up and straddled my crotch. She embraced me and kissed me on my left cheek. She then noticed she left some lipstick on my cheek and wiped it off. She hugged me again and told me she did not want me to leave. I gave Michaud $80.00 for the two other dances. I then gave Michaud $60.00 for this last dance. $40.00 for the dance and the extra $20.00 for her breasts to be rubbed in my face. Michaud thanked me and hugged me again me. Michaud then asked how to get a hold of me. She noticed that I had a pager. Michaud asked for my pager number. I told her it would take me a minute to remember it. She said while I thought about the number, she would go and get a pen and some paper. Michaud returned and I wrote my pager number on a napkin. Michaud gave me her name and the number to the club on another napkin. She gave her stage name of "Paige" . She said that she need a special code number, so I knew it was her paging me. I told her she would be lucky "21" . She 'said she would page me on Tuesday.. Michaud said that if I did not get a page from her that I. was to call the club and leave her a message. She again said she really wanted to go out and have some fun. I told her I would look forward to hearing from her. I got up and grabbed my coat. Michaud escorted me to the door and hugged me before I left. She said be sure to call and leave a message and we would go out. This was loud enough for Scot Lauderbach to hear. He was standing right next to Michaud. I told 9 210 her I would talk to her later, and left the club. Michaud is a shorter white female. She had dishwater blonde hair that extended past her shoulders. Her hair style had long bangs which hung in her face. Her hair had a slight wave to it. Michaud wore dark eyeshadow and dark black eyeliner. She wore dark red lipstick. Michaud wore the same two piece outfit. She wore a camisole top with spaghetti straps. The camisole had a white base color with a floral print. The print consisted of red flowers with green leaves. I noticed the flowers were roses. I also observed other designs in the pattern that were blue and red in color. The camisole hung down, covering Michaud's black panty. The black panty had a black lace design in the front and was thong backed. I observed a small faux pearl toward the center of the waistband. Michaud wore red, high heeled shoes tonight. During the first three songs with Michaud, she wore a burgundy _ bra. The bra had lace cups with an underwire support. The bra clasped in the back. At the completion of this investigation, I returned to my office to complete this report. I had received the stage name for Michaud as I had on 03-18-94 . I still was not able to identify her by any of the photos in the 1994 Special Operations Deja Vu license book. I advised Sgt. McOmber of my problem and had told him that Michaud• had made special arrangements with the management to come in, specifically to see me. It was determined that Sgt. McOmber would go to the club and do a license inspection. He would specifically attempt to find the stage name and real name for "Paige" . On 03-23-94 Sgt. McOmber conducted the license inspection. He returned and told me the real name for "Paige" . I located Michaud's picture in the license book, but still did not recognize her. I removed her application packet for review. I located the , copy of Michaud's driver's license photo, and from this picture, positively identified "Paige" as Michaud. Her D.O.L. photo resembles the way I had seen Michaud in the club. Michaud agreed to sexual contact in exchange for the extra $20.00 on top of her regular fee for a couch dance. There is also no doubt that the purpose for Michaud exposing her breasts, vagina, and touching me in the manner 'that she did, while she danced, was for the .purpose.of arousing and/or.exciting this detective's sexual desires and interests. Case forwarded to the City Attorney's Office for filing. Det. M. T. Hayden Approval: McOmber 10 moo. ♦ '7' Lic NUMBER I Tukwila Police Department Offense Code 1 (Offense/incident Literal) 1 ❑Attempt INCIDENT REPORT FORM l ( 1J3 U I bl61-1 bv.) j�Complete `-ioorted- -to Reported Time Offense e 2 �7 -�+y �_1 ` 2 ❑Attempt :,' J� li 44 6 Lk t(� 142- ?M t o n 6 L&I"l b1 .1 ❑Complete Location ` Offense Code 3 . 3 ❑Attempt • l0 1. 0? c L`�. q. 7 . • ❑Complete District of Occurrence RD -D ure? ' Occu Date Occurred Time. Dispo(A-Z) j Status How Received 6 L GENERAL IBR INFORMATION(required on all criminal Incidents) Location Type . Offense Related to: CLEARANCE TYPE: �AA-Arrest Adult Bias Motivation? Domestic Violence? Child Abuse? • - // _• 0 Alcohol ❑Computer ❑N-Not Applicable '❑Al-Arrest Jw ❑Yes(specify code): ❑Yes ❑Yes 1.O: 0 Drugs KNot Applicable ❑Exceptional(specify code): I,�No(88) No Criminal Activity Weapons Used? Caliber. • . . Length: THESE ITEMS♦ I Units Entered Entry Method Tools llted Prem.Secvnty, ❑Yes(specify code): Gauge:• Grips/Finish: FOR BURGLARY J ❑No (90) •,,,p REPORTS ONLYA NARRATN : m5ip-� l 1)i$ ati ' uIO/.77(NOSCA 7WK iziOzA(..r (hV)��oily i T • • SOLVABILITY• ❑01 Suspect arrested ❑04 Suspect can be D'd ❑07 Witness to crime ❑10 Significant MO present FACTORS: ❑02 Suspect named ❑05 Suspect described ❑08 Crime scene processed ❑11 Useful physical evidence . ❑03 Suspect can be located ❑06 Suspect veh described • ❑09 Stolen property traceable •❑12 Related/similar incidents INV. 0 Victim 0 Complainant 0 Offender VICTIM ❑Individual ❑Government ❑Other PCN(Process Control Number) • CODES N<Witness 0 Registered owner ❑OwNer TYPE ❑Business ❑Religious ❑Unknown Offender Involvement Only ❑Suspect ❑Driver ❑ kissing Person CODES 0 Financial Institution 0 Sac/Public 0 Police Ofc. M No. ' Stmt , Yes Name(last first middle) ^ ce Sex D08/Age Range I N 1 ` taken? t��ttZZoo �.�: ��(Sl�1'—1 L. net Address City State Zip home Phone —�of Employment o2op qc �JOL_ cCA:Z, ,L i.. 1 lur ,z l,4 PO, jWorkkPPhone OLN State SOC TID SID FBI Height eight Hair Eyes Ethnicity Residency Charge(s)and%or Citation No. Flag Custody Arrest Type Jail Booking No. Jail 1 . A 42 . I I I 4 Alias Names/Identifiers/Clothing • INV. 0 Victim 0 Complainant ,Offender VICTIM 0 Individual 0 Government ❑Other PCN(Process Control Number) CODES 0 Witness 0 Registered owner 0 Defier TYPE 0 Business 0 Religious 0 Unknown Offender Involvement Only 0 Suspect ❑ Driver 0 kissing Person _CODES 0 Financial Institution 0 Soc/Public 0 Police Ofc. No. Stint 0 Yes Name(last,first,middle) Sex DOB/Age Range © 1 taken? K� k)1 I.l , AS2V1 fl& W J F O32�7 l Street Address J� City State /llip Z Home Phone Place o Employment \ WzS 12L4 —OO(Phone g�- PL. 5, f t"f2(5 State -tic -- Tc ,Q�b5iID SID bgiPt vu , 5-37--92-lido/ \ Height Weightktti Hair -Eyes Ethnicity Res' 1 5-5 - (ID Charge(s)and/or Citation.No. �j/` Flag C gty Anest T Jail Booting No. Jail J NA r•J 2 Alias rers/Clothing ,1 Pt t t VEHICLE INFORMATION • i 0 Suspect Vehicle Uc•No. Lic.State Veh.Yr. Vehicle Make Veh.Model Veh TypE Color VW , • • ictim Vehicle • ption 1 ogaung 9fficer Badge No. -Supervisor Supervisor • . 16-"" 5r-3Li . McGY�, 7z , 2q(o J Rey 11,92 1 y (ASV�, f (��O lJ/ / • TUKWILA POLICE DEPARTMENT CASE REPORT !- O/6 DATE: March 23rd, 1994 • TYPE OF REPORT: Continuation TYPE OF CASE: Entertainer/Dancer Violation/Prostitution . IBR STATUS: Cleared, Arrest/Adult CASE MGMT STATUS CHANGE: 3. Adult entertainer dance club, open for business. 5. On 03/23/94 at about 1410hrs. I entered the Deja Vu Club located at 15011 Pacific Hwy. S. for the purpose ascertaining if any adult entertainer violations would occur in my presence. I entered.the club through the front door. I was contacted by a male employee who was responsible for taking the cover charge from the patrons. I gave the employee a $20.00 bill to pay for the$5.00 cover charge. He gave me three five dollar bills in change. The employee gave me an admission ticket and said "have a great time", and I told him I was going to. I then proceeded into the club and took a seat at a table that was located on the South side of the main stage area. The table had three chairs around it, however I was the only person seated at the table. The table was two tables from the entrance and five tables from the Southeast exit,and three tables from the main stage area. I sat in the middle of the table facing the main stage, with a chair on either side of me. I was contacted by a female employee who asked me what I wanted to drink and I told her a "Coke". She returned shortly after and.I paid her a $5.00 bill for the drink. There were no dancers on stage at this time. I looked around the club and saw that there were seven patrons in the club seated at different locations in the club. I had been in the club now for about 5 minutes when I was contacted by a dancer I know as "Hope". She sat down next to me on my left, saying "I haven't seen you in a while, how have you been, is it alright if I sit with you for a little bit?". I told her it was alright to sit with me. Page 1 • 7.q'? • J "Hope" who was later identified as Nilles, was wearing a white lacey type bra with a white lace panty cut in a thong or "G"-string style. She was.wearing white thigh-high stockings and white lacey arm stockings. She was also wearing white high-heel shoes with a 3 to 4 inch heel. Niles • has blond hair that is shoulder length and a slight part going from right to left. She was also wearing a gold colored necklace. She began to tell me about her and her boyfriend breaking up and that she should have more space for herself and things of this nature. After about five to ten minutes of conversation about the demise of her personal relationship Nines said "let's go over to a couch" and I said that would be fine. Nines lead me to the couch located on the Northwest side of the club and just next to the door of the dancer's dressing room. We sat down with Nilles setting next to me on my left. Shortly after setting down I was contacted by a waitress who asked if I would like to buy Nines a drink, and I told her I would. The waitress returned shortly after and I gave her a $20.00 bill for the payment of the$10.00 dancer's drink. The waitress gave me a five dollar bill and was looking for the other five dollar change and I told her to keep it for a tip. She thanked me and left. Nilles and I talked about her buying a new car and that she got a check from the dealership for $250.00 and she didn't know why she got this money back. She went on to say - she wasn't going to call them to find out either. After a few minutes she then asked me if I would like a couch dance now. I told her I would and she said "the $32.00 dance right?", and I said sure. Niles began the dance by climbing up onto the couch facing me and her legs on either side of my legs. She sat down full weight onto my lap and began grinding her buttocks into my crotch very hard. While she was doing this she put her arms around my neck and began biting my left ear lobe with some force and was moaning in my ear at the same time. She did this for about 5 to 10 seconds then leaned back and while still moving her buttocks forward and back on my crotch she reached up with her right hand and pulled the right cup of her bra down exposing her nipple. Niles then raised up slightly and lunged forward taking the back of my head with her left hand and pressed her exposed breast against my mouth. While her breast was at my mouth she had her nipple in between her fingers and was forcing it into my mouth. She did this for about 5 seconds. She then moved back and stood up still standing on the couch and above me now. She began rotating her hips toward my face a couple of rotations then stopped and thrust her hips forward slightly and pulled the crotch part of her panties to the right side exposing her vagina. She did this for a few seconds then while still standing above me she turned around facing away from me. She then bent forward until I could see her face between her legs. While in this position she reached up between her legs and began rubbing her vagina for a few seconds then pulled the crotch area of her panties aside and began rubbing her exposed vagina simulating masturbation. She did this for a few more seconds then stood up again, still standing above me. At this time Nines stepped down from the couch and while still facing away from me she reached down and moved my legs apart and sat back into my lap. Page 2 2q$ • I She began rotating her buttocks in a circular motion and pressing against my penis with some force. While.Nilles was doing this action she reached behind her with her left hand and raised her hips up slightly and began rubbing my penis with her hand. She did this for about 5 seconds • then removed her hand and sat back against my crotch again moving her buttocks forward and back. While doing this she reached down between her legs with her left hand and began rubbing my penis with her hand and with the motion of her buttocks. She did this for about 5 seconds then got up and turned around now facing me. She leaned forward and was now laying on my body and began slowly sliding down the front of me. As she was sliding down she took my penis with her right hand and began squeezing it. As her breasts reached my crotch the song came to an end, she stayed in this position for a few seconds after the song ended still squeezing my penis. After about 10 seconds she stood up and sat back down next to me on my left. Shortly after she sat down another song was about to begin and she asked me if I would like another dance before she had to go on stage. I told her that would be fine. • Nines got up onto the couch from where she was setting and stepped across my legs putting her legs on either side of my legs. While she was,standing she began-rotating her hips in a circular motion moving her vagina with in about an inch of my face. She did this for a few seconds then stopped the rotation and pulled her panties aside exposing her vagina and began moving it toward me. I moved my head back avoiding contact with her exposed vagina. She then covered her vagina and sat down onto my lap. She put her hands on either side of my neck and began moving her buttocks forward and back grinding her crotch onto my penis. While doing this she leaned forward putting her face next to my right ear and began moaning in cadence with the thrusting of her buttocks. Nilles did this for about 10 seconds. She then put her legs out behind her and began sliding down my body. When her breasts reached my crotch she began moving her breasts from side to side and took my penis in both her hands and began rubbing it with the motion of her breasts. She did this for about 5 to 10 seconds then stood up slightly moving her head onto my penis. She put her forehead onto my penis and moved her head forward until the top of her head was on my penis and then she moved her head up and down slightly still rubbing my penis with her head. She did this for about 5 seconds. Nilles then stood up and turned around facing away from.me. She then reached down and moved my legs apart again and sat back into my lap with her buttocks. She then began rotating her buttocks in a circular motion pressing forcefully against my penis. She did this for about 5 to 10 seconds then would change the motion to forward and back. She then got up and turned around and climbed back up onto the couch facing me with her legs on either side of my legs. She then sat down onto my lap with her arms around my_neck. She began moving her buttocks forward and back onto my lap and at the same time she had her face next to my right ear and was moaning into my ear in cadence with her hip motion.The song came to an end and she sat backward and while still setting on my lap she said "I have to go on stage now, don't go anywhere I'll be right back", I told her I would stay right here. She then kissed me on my neck and got up getting her shoes and went to the stage. Page 3 2.619 • • • Upon completion of her stage dance Nines returned to the couch and sat next to me-on my left again. After she returned we talked for awhile about her birthday that was coming up on Saturday and that she was going to be 23 years old and how she wanted to stay 22. And then about how my work was going and I told her it was going really good. Nines then asked.me if • I would like another dance and I said that I would but would she consider a special request. Nines said "what do you mean?", and I said "I really like it when you rub you naked breasts against my crotch, and also when you grind you butt into my crotch the way you do, if I paid you twenty bucks more, on top of the dance price, would you do those two things the whole dance?". Nines hugged my arm and said "I'll do that for you any way you don't have to pay me extra". I said "well, now you've got me embarrassed, 'cause most of the other girls charge twenty to fifty dollars for special requests", and she said "yes they do, but you don't have to be embarrassed, you can say anything you want to me". Nines then began the dance with the start of the music. Nilles climbed onto the couch and was facing me, standing over me with her legs on either side of my legs. She began rotating her hips in a circular motion for a few seconds then stopped this action and moved her hips forward while at the same time rubbing her vagina. She then moved the crotch part of her panties to the side and exposed her vagina and began rubbing her exposed vagina. She did this for a few seconds then sat back down on my lap. She then slid down my body until her breasts were on my crotch. Nines began rotating her breasts onto my penis and then would move them back and forth. While she did this she would take my penis in her hand a rub my penis for a few seconds. Nilles did this for about 10 to 15 seconds then stood up and turned around and reached down and moved my legs apart then sat backward onto my lap. She then began moving her buttocks back and forth grinding her buttocks into my crotch forcibly. She then would change her buttocks motion to a circular rotation motion. While doing these actions she would reach behind her periodically and would rub my penis with her hand. She did this action for about 20 seconds then got up and turned around facing me and went down on her knees and began rubbing her breasts on my penis in the same manor as before. She did this for the continuation of the song. Once the song ended she slid up my body until her face was very close to mine to the point I thought she was about to kiss me. At,this point she said "is that what you wanted?" and I said "yes that worked just fine", and she then rolled off of me to my left and sat down next to me again. We talked about her birthday some more and after about 10 minutes I told her I had to get going so I wouldn't be late for work. She asked the if I would like another dance for the road and I told her I couldn't right now but I would be back this week. She said she'd be waiting for me- .- to come back in.I then asked her what the price was I owed her and she said "well, we'll make it$105.00. I said ok and gave her two fifty dollar bills and a twenty dollar bill. Nilles went and got change and gave me $15.00 back in change. I then left the club and went to the station. Page 4 • 306 • • I returned to the station and obtained the Special Operations Deja Vu license book and went through the book and located Nilles. Once I found Nilles I positively identified her by photograph and stage name. There is no doubt in this detectives mind that Nines was in fact the dancer "Hope", who had just danced for me. There is also no doubt that the purpose for Nilles touching me while she danced was for the purpose of arousing or exciting this patron's sexual desires. I prepared a report for this case and forwarded it to Sgt. McOmber for filing. • • • Det. Dave Mckenzie 5T34 Approved Page 5 • 3OI .l .1 - '.. .�__ .. CASE' •�, f NUMBER , 1 - m --- - -- - Offense Code 1 (Offense/Incident Literal) 1 Attempt FTukwIla Police Department pe INCIDENT REPORT FORM _ 1 t�5 - •r � 1 iC l l' .�/E 1� I�'t= �''7�'�('�) --.-_ , Com L_ - F ie -4 r_3orted-Date---. ---- Reported Time Offense -. - 2 1 Anempt -� ;. - 5-(? Lf/l/s� 1 ('�� ('i<i. % rK! '.vim! gCompete -Location , Offense Code 3 3 �.Anempt '� /2)// / 1C.r'F.; ,t .• ��1NA1. : I • Compete District of Occurrence RD Dis osure? Occurred Date Occurred Time Dispo(A-Z) I Status ► How Received <— ",...3 L ., es DNo J. c__ _`� (-� I l I 5-- `) 4 1 GENERAL IBR INFORMATION(required on all criminal inc ants) Location Type Offense Related to: - CLEARANCE TYPE: • AA-Arrest Adult Bias Motivation? Domestic Violence? Child Abuse' 1 O Alcohol ❑ mputer D N Not Applicabe AJ Arrest Juv ❑Yes(specify code): ❑Yes Yes '4 . `f V 0 Drugs �t Applicable D Exceptional(speedy code): 0(88) AAo flo -i Criminal Activity Weapons Used? • Caliber: Length: _ ESE REARS♦ #Units Entered Entry Methird Tools Prem Seamy ❑ es(specify code): Gauge: Grips/Finish: FOR BURGLARY , jo (90) REPORTS ONLY • NARRATIV :1 ��+• , n -�„' Ce;,,vi•'^A1,rem Utph} h;^d cf- ( )r.LCT ey..i er-_7Airt.. P. ),Pbi/•- r4c(,:_ • 3A a- r WL -j/ ) !`14-'i--(E{-% cH�)r,;l-1�1,c' l ►►.`I l:"N,L' +. 7A1- TH7:7- %1A/mil t-' �-5:r /c� /- '-i Et c= /c1 r_'T4:C( _`)4i- AI'(S 'i r . # SOLVABILITY Li Suspect arrested Oa Suspect can be ID'd D 07 Witness to crime D 10 Significant MO present P FACTORS: 02 Suspect named 05 Suspect described ❑08 Crime scene processed, 11 Useful physical evidence • 1 I 0 03 Suspect can be located 3 06 Suspect veh described .D 09 Stolen property traceable 012 Related/similar incidents i _ j INV. �0 yyictim • ❑Complainant Offender VICTIM Individual 0 Government 0 Other PCN(Process Control Number) 17 CODES rIKWitness 0 Registered owner D OwNer TYPE 1 Business 0 Religious 0 Unknown Offender Involvement Only I 0 Suspect Dnver 3: hissing Person CODES 0 Financial Institution ❑Soc/Public 0 Police Ofc. No. Stint Yes Name(last,first,middle) f f+ace Sex DOB/Age Range 4.,,, j taken? .J No N" i v:s...,..,.('-,.,E t\,_ i t,t) I . • . of Address City State Lip ome P ,e Place Employment Work Phone • 7 OLN State SOC TID • SID FBI Height Weight Hair Eyes ,Ethnicity Residency Charge(s)and/or Citation No. Flag Custody Arrest Ty Jail Booking No, Jail 1 Status �2 A Alias Names/Identifiers/Clothing INV. 0 Victim D Complainant Offender VICTIM 0 Individual 0 Government 0 Other PCN(Process Control Number) CODES 0 Witness 0 Registered owner D OwNer TYPE E3 Business 0 Religious ❑Unknown Offender Involvement Only 0 Suspect 0 Driver C hissing Person CODES ❑Financial Institution 0 Soc/Public 0 Police Ofc. Sex DOB'Age Range � No. Stmt. ❑Yes Name(last,first,middle) .- � Race � _ 11 taken? lKt4e /11 4-y(✓ ..' ''r_f11•j j �,-'I E L L VJ () / r 7 `, Street Address ' 04 State Zip Home Phone Place of Empoyment Work Phone OLN State SOC TID SID FBI LyU ( �l r - . Height Weight Hair Eyes Ethnicity Residency Charge(s)andlo?Citation No - Flag Custody Arrest Type Jail Booking No. Ja 1 Status -i fSZ) • u(..I �4 i\12 A A A - 4 Alias Names/Identifiers/Clothing . VEHICLE INFORMATION - _ I D Suspect Vehide Uc-No., tic.State Veh Yr ! Vehicle Make Veh.Model Veh Type Color VIN -;) 'ictim Vehicle • . I _ — - . - -icnption -. Investigate g Officer . Badge No ` Supervisor ' 3�n ✓t, It 1 ,� f, �; r ! :-)t ' �� C)fr' �`{�'_ G. f Rev 11 92 . - IOW G- fi••J J TUKWILA POLICE DEPARTMENT CASE REPORT*-060 . • DATE:April 5, 1994 • TYPE OF REPORT: Continuation TYPE OF CASE: Entertainer/Dancer Violation/Prostitution IBR STATUS: Cleared Arrest/Adult CASE MGMT STATUS CHANGE: 3. Adult entertainer dance club, open for business. 5. On 04/05/94 at about 1915 hrs. I entered the Deja Vu Club, located at. 15011 Pacific Hwy. S. for the purpose of ascertaining if any criminal violations would occur in my presence. I entered the club through the front door. I was contacted by a male employee who was responsible for collecting the cover charge from patrons. The male employee said. "Hi, how are you doing? The cover is $5.00, the drinks are $5.00 and they are bottomless, the re-fills are free, there is no alcohol served or allowed in the club". I gave him five, one dollar bills and he gave me an admission ticket saying, "Have a great time",I then entered the club. I proceeded into the club and took a seat at a table. The table was the first table in from the front door and on the south side of the club. The table was also six tables from the south east exit. There were three chairs at the table all facing the main stage and they were all empty. I took the chair on the right side of the table with the other two chairs to my left. I was then contacted by a waitress who asked me what I would like to drink and I ordered.a "Coke" from her. She returned shortly after and I paid her for the drink with five, one dollar bills. I looked around and I could see about 12 other patrons in the club sitting in different locations in the club. After about 5 minutes in the club I was contacted by a dancer who asked me if I would like a table or a couch dance. I asked how much the couch dances were and she said $25.00 or$35.00. Page 1 303 I said "well,I think a couch dance or two would be fine", and she said "OK, let's go back here", and pointed toward the couch area on the south side of the club behind me. I got up and she lead me to the couch area in the center of the south wall of the club and directed me to sit down there. I noted at this time that she was wearing a white lacey bra - • . with matching white lacey panties. She was also wearing black stockings that were rolled down from her thigh to just above her knees with black shoes that had a buckle on the out side of her foot. The heel of the shoes were about 3 inches high and appeared to be square. Her hair was brown and very curly and was below her shoulders. I also noted two metal rings in her right eye brow located on the right edge. She was also wearing bright red lip-stick. Upon sitting down on the couch the dancer, who was later identified as Meyers, began the dance. She had climbed up onto the couch putting her legs on either side of my legs and sat down onto my lap. She said "do you want the$25.00 or the$35.00 dance?", and I said "let's go for the $35.00 dance", and she said "you'll love this". Meyers then leaned back and began rubbing her breasts then slid her hands down her body and began rubbing her crotch. She then pulled her panties to the side exposing her vagina and began rubbing her exposed vagina with her left hand. She then stood up over me and moved her crotch into my face and began rubbing my face with her covered crotch. She did this for a few seconds. Then while her crotch was pressed against my face she began sliding down my body keeping her body pressed against my face. She did this until she was sitting on my lap and her breasts were against my face. She began rubbing my face into her cleavage moving her breasts from side to side. As Meyers was doing this she reached down between her legs with her left hand and began rubbing my penis with her hand. Meyers did this for about 5 seconds then moved her hand back up to my shoulders. She continued to rub my face with her breasts for about 30 to 45 seconds. While doing this she would lean back periodically exposing either her left or right breast then would cover it up and move back into my face. At one point she stood up and got off the couch and turned around facing away from me then moved back into my lap with her legs between mine. She sat down onto my lap and began moving her buttocks forward and backward pressing hard against my penis with her buttocks. She did this for about 10 seconds then got up and turned around,now facing me and climbed back up onto the couch with her legs on either side of my legs and sat on my lap. She then pressed her breasts into my face and began rubbing my face with her breasts. She continued to do this for the continuation of the dance. Once the dance ended she got off my lap and sat down next to me on my right. Page 2 304 Meyers began to rub my arm and right thigh with her finger nails and was rubbing my shoulders with her finger nails too. She didn't say much and I asked her what her name was and she looked at me and hesitated for a moment and said "Shantell", I said that I was glad to meet her and that my name was Dave. She shook my hand and said "glad to meet you". She then went back to rubbing my arm, leg, and shoulders. A waitress came up to me and asked me if I would like to buy Meyers a drink and I asked Meyers if she would like something to drink and she said not right now and the waitress said she would check later and left. After some time Meyers asked if I was ready for another • dance and I said sure. Meyers began this dance by climbing up onto,the couch putting her legs on either side of my legs and sat down onto my lap. She moved her buttocks very slowly in a circular motion on my lap and while doing this she was rubbing her breasts and then pulled down the left cup of her bra exposing her nipple. She would then cover her breast and move her breasts into my face pressing my face into her cleavage. She would then move back slightly rubbing her breasts over my face. She would do this for about 5 to 10 seconds moving very slowly, then would lean back and began rubbing her breasts with her hands exposing either the left or right nipple one at a time. She would then lean into my face rubbing my face with her cleavage. At one point she reached down between her legs with her left hand and took hold of my penis and began rubbing it. She did this for about 5 to 10 seconds then went back to rubbing my face with her breasts. She continued rubbing my face with her breasts for the continuation of the song. Once the song ended she returned to sitting on my right and continued to rub my arm, leg, and back with her finger nails. The waitress returned and asked if I would like to buy the dancer a drink. Meyers said she was ready for the drink now because the dancing had made her thirsty. The waitress looked at Meyers and said "I'm sorry dear, but I forget your name", at which Meyers told her "Shantell", and the waitress said "OK, that's right, I'm sorry", and she went to get the drink. She returned and I paid her for the drink with a $10.00 bill. After a while Meyers asked if I would like her to do another dance and I said "well, I'm not sure how much money I've got left, let's look", and I took out my money from my right pocket. I asked her how much I owed her now and she said $70.00. I took out a $50.00 bill and a $20.00 bill and said "let me pay you for the two dances that you already gave me" and I paid her for them. I then counted out the remaining money and I had $58.00 left. Page 3 • 305 I told her I could do another dance but would she do a special request. Meyers said what do you mean. I said "well, you've got,(then I looked at her breasts), great breasts, if I paid you an extra $20.00 on top of the $35.00 would you rub your breasts on my face a lot more?". Meyers said "sure, but lets go to the V.I.P. area 'cause we can get away • with a lot more in there". I asked "how much is the V.I.P. area?", and she said "$40.00 a dance because the club takes $5.00 of that dance". I said "So, you'll take$18.00 above the dance cost to rub your breasts into my face?", and she said "sure". I said "let's go then", and we got up and she led me to the V.I.P. area. Meyers took me into the V.I.P. area through the entrance that is located on the north west side of the club directly next to the door of the dancer's changing room. There was another patron and dancer sitting on the couch just inside and to the left of the entrance. Meyers led me to the couch area on the south east side of the V.I.P. area that is directly under the D.J. stand and had me sit down. The song had just started and she began the dance. Meyers climbed up onto the couch putting her legs on either side of my legs and sat down onto my lap. She moved her buttocks very slowly onto my lap and at the same time began rubbing and pushing up on her breasts. She did this for about 5 to 10 seconds then pulled the straps of her bra down off her shoulders and pulled the cups of both breast down exposing both her nipple. She then began rubbing and pushing up on her exposed breasts and rubbing the nipples with her fingers. She then leaned into my face and pressed her exposed breasts into my face and would move to one side or the other pressing her nipples into my mouth. She continued to do this for the remainder of the song. Meyers periodically reached down between her legs with her right hand and grabed my penis and began rubbing it. She did this twice through the song. Once the song ended she got up saying "that was very erotic", I said "yes that will do just fine". I then paid her the $40.00 for the dance, plus the $18.00 that we had agreed on for her to rub her breasts on my face. I gave her two $20.00 bills, two $5.00 bills, and eight one dollar bills. She thanked me and I told her I had to go now but I would like to see her again. She said that would be fine saying she worked on Tuesday, Wednesday and Saturdays. I then left the club and returned to the station. Upon returning to the station I obtained the Special Operations Deja Vu license book and went through the book locating Meyers in the book. Once locating Meyers in the book I noticed that the stage name she had licensed under was not the same name she had given me in the club. The name she licensed under was "Armani" and not "Shantell" that she had given me. I positively identified Meyers by her photograph. Page 4 CD • . There is no doubt in this detectives mind that Meyers was in fact the dancer "Shantell", who had just danced for me. There is also no doubt that the purpose for Meyers touching me while she danced was for the purpose of arousing or exciting this patron's sexual desires and interests. I prepared a report for this case and forwarded it to Sgt. McOmber for filing. Det. Dave McKenzie 5T34 Approved Page 5 SO'1 CASE / V4/Z NUMBER —"7U Tukwila Police Department Offense Code 1 (Oflense/Incadent Literal) 1 0 jttempt ... INCIDENT REPORT FORM i`/? . n-...c�---•,- -•:::•"../ $Complei ' Reported bate �-Fieported Time. Offense Code 2 — -- 2 �Stemp, • � / Z•-g _ cope!` Location Offense Code 3 3 =Attempt s i/ ,•=?<...i!-� //.✓•✓ . ---,- • Compe District of Occurrence RD . Disclosure? Occurred Date — Occurred Time Dispo(A-Z) Status / How Receivec N.,— OYes 7.//&--- Z LCJO �t%Jr,.. ,�1 Cam'-1 , !�. 4 •. • GENERAL IBR INFORMATION(required on all criminal incidents) Location Type Offense Related to: . CRANCE TYPE: • 0 AA-Arrest Adult . Bias Motivation? Domestic Violence? Child Abuse? 0 Alcohol ❑�mputer -Not Applicable 0 AJ-Arrest Juv 0 Y (specify code): EJ es 'Yes�/ 4 0 Drugs ONot Applicable ❑Exceptional(specify code): 4 f'•No(88) '+o • 10 Cnminal Activity Weapons Used? Caliber: Length: . THESE R•EMS♦ a Units Entered Entry Method Tools UsedPrem.Sea' s(specify code): •Gauge: Grips/Finish: • FOR BURGLARY o (90) REPORTS ONLY 4 NARRATIVE. "2i rz //.J'c7---trEr-n 7 %c._i G= "0'=G`STi i✓7J/\/ _re.:;.C✓---,--:"L_ ‹...".,7ti.77 -'•-7 ti/.T/../ r ��%.n.�t.c-:/�/ T_c_;7�-C, ..,t-y _,/�/TG-•N..) ..,G•---- T�-7-\ ' %.7--2^J�- -!"., 'S may^ o.-n•..c_.: ,,i,../i...F..- /.1�s.cs•C iz--,,v..-m j—Z ,E'rr_---7--7.:=. . SOLVABILITY 0 01 Suspect arrested 04 Suspect can be ID'd ❑07 Witness to cnme :310 Significant MO present FACTORS 02 Suspect named - 0 05 Suspect described 08 Crime scene processed . D 11 Useful physical evidence • 7.03 Suspect can be located • ❑06 Suspect veh desaibed • �•09 Stolen property traceable 12 Related/similar incidents • • i INV - Victim Complainant fender •VICTIM 0 Individual El Government =Other PCN(Process Control Number) . CODES 7. Witness J Registered owner E.OwNer TYPE 0 Business 0 Religious =Unknown Offender Involvement Only N _= Suspect 0 Dnver 0 Missing Person CODES CI Financial Institution ❑Soc/Public Police Ofc. \•\�14°� ! Stmt s Name(last,first middle) Face Sex DOB/Age Range •• '�?rj ( taken? ,i---No �yica�'2/S ti A✓i C- �-�' . /_-Y�..v..`.." >� is- , ,,�._73 Street Address City State ZipHome Phone Place o)Employment --' 7p_53/ y�zz.517/ n•_ -_-_-:-., \�.; i Work Phone OLN State SOC TID SID FBI �F;; 7 2-7O�c7 -4 -. .c...• 1 , --. m/ • _ Height Weight Hair Eyes Ethniaty Residency Charge(s)and/or Citation No. Flag Custody Arrest Ty Jail Booking No, Jai: 1 H,�JS.T0rc�:K.""-- Status • /5.1 /S�•.i /\/ /� > i 2.C.,cf?iT%'•.v ---m--'.:../_,/.•-..c., . i L Alias Names/identifiers/Clothing ,• / INV ::Victim . 0 Complainant ❑Offender VICTIM 0 Individual 72 Government _Other PCN(Process Control Number) CODES - Witness 0 Registered owner 0 OwNer TYPE 0 Business 0 Religious _Unknown Offender Involvement Only Suspect 0 Dnver 0 kissing Person CODES 0 Financial Institution 0 Sot/Public :=Police Ofc. No I Sim! : Yes Name(last,first,middle) ` Race Sex - 1 DO&'Age Range taken' No I ' Street Address City State ' Zip • i Home Phone j Place of Employment i J Work Phone OLN State SOC TID I SID I FBI . Height I Weight Hair Eyes `Ethnicity Residency Charge(s)and/or Citation No ; Flag Custody!Arrest TypejJaii Booking No- Jai: 1 • ! Status ! ! 2 . .__• I / 1_ I 4 Alias Names/Identi iets/Clothing I VEHICLE INFORMATION .:Suspect VehicleLic.No. Lic.State Veh Yr. Vehicle Make Veh.Model VehTypr Color j VIN • Victim Vehicle • • •Descri • ption - •• Investigating Officer Badge No. Supervisor Rev i i19: CASE NUMBER: d?cam C1e// q_Q�� DATE: 04-06-94 TYPE OF REPORT: CONTINUATION TYPE OF CASE: PROSTITUTION IBR CLEARANCE: - OPEN 3. Adult entertainer dance club, open for business. 5. On 04-06-94 at approx. 2115 hrs., I entered the Deja Vu Club, located at 15011 Pacific Hwy. S. for the purpose of investigating any prostitution activity and ascertaining if any adult entertainer violations would occur in my presence.. I entered the club through the front door. .I was contacted by a Scot Lauderbach, who was standing next to the cash register. Lauderbach is one of the managers for the club and I have seen him working the later shifts the last few times I have been in the club. I noticed that Lauderbach wore glasses. I had never seen him with glasses before. He wore thin wire rims with round lenses. Lauderbach was responsible for taking my cover charge. He told me that it would be $5.00. I gave him a $20.00 bill and he gave me a $10.00 bill and a $5.00 bill in change. He also gave me a small orange ticket. This ticket was to be used in case I needed to leave the club and wanted to come back. • I entered the lounge area of the club. I walked over and took a seat at a table located on the south side of the club. I sat at a table which was two tables back from the main stage, and directly in front of a couch on the south wall . I sat on the left side of the table, facing the main stage. This table was the last table in the southeast corner of the club, before the fire exit door. I took my seat and looked around the club. The dancer that was currently performing on the main stage was "Tia" . I know "Tia" from previous contacts in the club. "Tia" wore a two piece, white, bikini type outfit. I noticed the same bouncer I have seen at the club before. He has blonde hair which is shorter on top and longer in the back. He wore a short sleeve, black, button-up shirt. He wore a black tie and black pants. When I saw him, he was walking along the aisle way in front of the VIP lounge. I looked around the club and observed approx. 20 to 25 patrons, seated throughout the club. Most of the patrons sat at tables. I observed approx. 20 dancers. I was able to identify the following 1 • 2 6)7 dancers: Indigo, Tomi, Crystal, Robin, Charade, Sugar, Paige, Tia, _ Sasha, Tori, Austin, and Tina. I sat and watched the two performances by "Tia" . During her second dance, I was approached by "Robin" . I know Robin from other • investigations I have completed at the club. "Robin" would be identified as Morrison. Morrison recognized me and walked over to my table. She told me she was glad to see me and bent down to give me a hug. Morrison then straddled my lap and sat on top of me, at the table. We talked for a few minutes. She told me that tonight was oil wrestling night and she asked if I thought she should participate. I told her she should. Morrison told me she would be right back. She wanted to go tell the manager she would oil wrestle. I told her I would wait for her. A few minutes later, Morrison returned and sat down in the vacant chair to my left. She draped her legs over my thighs and put her right arm over my shoulders. I was approached by a white female waitress, that I have seen in the club before. This waitress was short and stocky. She had short, straight, brown hair and glasses. Her glasses had round lenses and thick black frames. She wore a white, sleeveless, tuxedo type shirt with a black bow tie. She wore a black bikini type bottom with black nylons. She asked what I wanted to drink. I ordered a orange juice. I also bought a drink for "Robin" . She ordered an orange juice. The waitress returned and brought our drinks. I gave her $15.00 for the two drinks. I thanked her and she walked away. I observed one other waitress in the club. She was a white female and was slightly taller than the waitress that served me. She had longer, straight, blonde hair that extended past her shoulders. She wore the same type of outfit. Morrison asked. if I was ready for a couch dance. I told her I was. I got up from my table and walked to the couch directly behind me. Morrison walked behind me. This couch is the second couch from the fire exit door. Morrison removed her shoes and threw them on the floor. I noticed she wore black, satin, high heeled shoes. She climbed up on the couch and spread her legs to .straddle my crotch. Morrison began leaning in close to my face and smothered my face between her breasts. She held my face there for several seconds. Morrison began to ride my crotch, rubbing her crotch into mine. She began to pump her hips up and down as she engulfed my face between her breasts. Morrison remained like this for approx. 30 to 40 seconds. Morrison slowly slid up my body until she was standing on the couch. She supported herself with the wall behind me. Morrison moved her hips back and forth with her crotch inches from my face. 2 2l,$ She did this for a few seconds and then slowly slid down my body until she straddled my crotch. Morrison began to slowly grind and rub her crotch into mine. She pressed her breasts to my face and began to move one and then the other across my face. She would change the rhythm in which she would grind on my crotch. Morrison would move slower and then quicken her pace and force with which she ground her crotch into mine. Morrison maintained this for another 30 to 40 seconds. Morrison slowly moved from my crotch and stood up in front of me. Morrison turned around and lowered her buttocks to my crotch. She ground her buttocks into my crotch. Morrison rested her head on my left shoulder and used her two hands to rub and squeeze her breasts. She continued to grind her buttocks and body against mine. Morrison stayed like this until the song ended. Morrison asked if I wanted her to continue. I told her I wanted to wait awhile. We . both got up from the couch and walked back to my table. Morrison and I talked for several minutes. We watched "Tomi" perform on the main stage. After the two songs, Morrison told me she would be going on stage soon. She asked if I wanted another dance. I told her I would, but that I would be leaving soon. We both got up from the table and walked back over to the same couch. The next song started and Morrison spread her legs and straddled my crotch. She began to ride me like she had for the previous dance. Morrison leaned toward my face and smothered me with her breasts. She held my face between her breasts and then shook them back and forth for several seconds. Morrison continued to grind her crotch into mine, as she did this. Morrison would sit up and rub and squeeze her breasts with her hands. She would then lean forward and press her breasts back to my face. Morrison continued this for approx. 30 to 40 seconds. Morrison slowly moved off my crotch and stood up. She turned around, facing the main stage. She moved backwards and lowered her buttocks to my crotch. She began to rub and grind her buttocks against my crotch and groin. She reached her right hand between my spread legs and started rubbing and squeezing my penis through my pants. She did this for a few seconds. Morrison leaned back and placed her head on my left shoulder. She continued grinding on my lap as she used her hands to rub and squeeze her covered breasts. I told Morrison I really like her hand technique. She replied, "Oh, this?". She then took her right hand and rubbed and squeezed my penis some more. She did this for a few more seconds and then sat back up. Morrison rubbed her buttocks against my crotch for a few seconds and then stood up. Morrison climbed back up onto my lap and spread her legs to straddled my crotch. She began to rub her crotch into mine. I 3 2' " noticed that Morrison's breasts were starting to fall out of her outfit. I commented to her that I really liked her breasts. Morrison told me to just yell if they kept coming out. I told her I would be sure to let her know, sarcastically. She laughed and then leaned forward. Morrison pressed, her exposed left nipple to my ' face and mouth. She used her hand to squeeze ' her breast as she rubbed her nipple across my lips. Morrison then sat back up and ' replaced her outfit. . Morrison brought her right hand between her legs and squeezed my penis through my pants.. I told her that was "excellent" . She smiled and leaned toward my face. Again I was engulfed by her breasts. Morrison exposed both her breasts and rubbed them against my face. She did this for several seconds and then slowly lowered herself to where she was kneeling on the floor in front of me. She pressed her exposed breasts against my crotch and groin, and then rubbed her breasts up and down along my crotch. She used her two hands to rub and squeeze my penis through my pants. Morrison remained in this position until the end of this song. Morrison stood back up and then restraddled my crotch. She said she had one more song until she had to. go on stage. She asked if I wanted one more dance. I told her I really did. I asked her if she would do me a favor. I told her it was "something she had done before. Morrison asked what it was. I told her I really liked her breasts and that I really like the way she rubbed them against my face, particularly when they just happened to fall out of her outfit. I asked Morrison if I was to give her an extra $20.00, if I could have that sort of accident happen again. Morrison said, "you mean this", as she exposed both her breasts and smothered my face with them. I told her, that, exactly. Morrison smiled and told me she would love to do that. The next song had already started. Morrison kept her exposed breasts against my face. and rubbed them along my mouth. She pressed her exposed left nipple to the lips of my mouth and brushed it back and forth across my lips. She did this for several seconds. Morrison slid down my body and kneeled between my legs. She pressed her exposed breasts to my crotch. She began to rub them up and down along my crotch, pressing them firmly into me. Morrison, again, used her two hands to rub and squeeze my penis through my pants. She had placed her hands under her breasts as she did this. Morrison continued this for approx. 20 seconds. Morrison slowly slid up my body until her exposed breasts were. pressed against my face. She held my face between her two breasts as she brought her legs up to straddle my crotch. Morrison began to grind her crotch into mine. She kept her exposed breasts wrapped around my face. Morrison leaned back and began to rub and squeeze her exposed breasts. .I told her I thought they were very beautiful . After approx. 20 seconds, Morrison replaced her outfit and stood up 4 n ?D • _ between my legs. Morrison turned around and faced away from me. She raised both her legs to the couch, straddling me. She faced away from me and supported herself with the table in front of the couch. Morrison leaned on the table in front of the couch. She began to move back and forth, rubbing her crotch into mine. Morrison then brought her right hand under her body and began to rub my penis. She rubbed and squeezed my penis for several seconds. Morrison slowly sat up. She leaned back and rested her head on my left shoulder. She brought her hands to her breasts and began to rub and squeeze them. She then pulled down the front of her outfit and exposed her right breast and nipple. Morrison tugged on her nipple, making it erect. she continued to rub and squeeze her breasts until the end of the song. The song ended and Morrison stood up. She said she had to go dance on the stage. 'I told her I would go to my table and wait until she was done. I would pay her then. I asked Morrison how much her dances were, I had forgotten from my last times in. Morrison said her dances were $45.00. I told her I would have her money when she was done. I got up and went back to my table. I waited for Morrison to complete her dances on the main stage. While she danced, I was joined by "Paige", who I know from other investigations in the club. She sat down and talked to me. I noticed that "Tina" was performing a table dance for a white male directly to my right. At the completion of this song, "Tina" walked over to "Paige and whispered in her left ear. I heard "Tina" tell "Paige" that I was a Tukwila Vice cop. "Tina" then walked away. "Paige" turned and asked me if I was a cop.. I told her I was not and that I had no idea who that dancer was. "Paige" got up from the table and walked away. I sat and watched Morrison dance her two songs. I noticed that there were no table dances or couch dances being performed during this time. When Morrison would return to my table, I still did not see any couch or table. dances being performed. At the end of Morrison's stage performance she returned to my table. I gave her $155.00 for her couch dances. This was $45.00 for . each dance and the extra $20..00 for Morrison's exposed breasts rubbed across my face. Morrison took the money and embraced me. She then thanked me. I told her it was my pleasure. Morrison said she had to go to the bar to find out when the oil wrestling would start. I told her I probably would not be able to stay. Morrison told me to wait until she came back. When Morrison returned, she sat down. She turned and told me she had heard from a couple of the dancer's that I was a cop. I told her I wasn't and that "Paige had told me the same thing. I • ~ ' 27/ 1 • asked about the oil wrestling and Morrison told me that the event had been canceled. "Paige" walked over when she saw me getting up to leave. Both Morrison and "Paige" again asked if I was a vice cop for Tukwila. I continued to try and explain I was not. I got up to leave. ' "Paige" and I walked toward the door. I asked her if she still had my pager number. She said she had lost it. I went and grabbed a pen from the waitress and wrote my number on the back of a paper coaster. I handed it to "Paige" and told her to give me a call . I then walked out of the club. Morrison is a heavy set black female with large breasts. Morrison had shoulder length black hair, which had styled with a slight wave and soft curls. Her hair hung down past her shoulders and I did not see any clips keeping her hair in place. She had her bangs brushed over her forehead. Morrison appeared to not wear any eyeshadow but I noticed she wore black eyeliner. She did not wear any other make-up or lipstick. Morrison wore a single gold ring on her right ring finger. She did not wear any other jewelry. She wore a wristwatch on her left wrist. The watch had a black band and a round, black face. It appeared that it had gold accents in and around the face. Morrison wore a one piece, black lace, lingerie outfit. The outfit had thick lace shoulder straps. I noticed that there was a small oval shaped opening, in the center of her outfit, just below her breasts. There were no underwire supports to the outfit. Her outfit was cut high in the thighs and the back was a three quarter cut, it was not thong backed. Morrison wore black, suede, high- heeled shoes. At the completion of this investigation I returned to the station to complete this case. I obtained the 1994 Special Operations Deja Vu license book. I located and reviewed Morrison's application packet and photographs. I verified the information as I did in the past. I had also remembered her -from the previous investigation that I mentioned earlier. Morrison agreed to sexual contact for the additional $20.00, above her normal price for her 'couch dance. There is no doubt that the purpose for Morrison touching me in the manner that she did, while she danced, was for the purpose of arousing and/or exciting this. detective's sexual desires and interests. Case forwarded to the City Attorney for filing. Det. M. T. Hayden Approval: McOmber 6 27 2. t ,. v J 14 . CASE NUMBER 4- • l J. aila Police Department Offense Code 1 (Offense/IncidentLiteral) 1 Attempt I INCIDENT REPORT FORM I.. 74 jja, i a ,L 'Complete Reported Date(' Reported Time •"ens/e ••e 2 2 0 Attem t . OZ-7-C 4 I I . *0 /`t:7 ... "r1�(c .,Compllete Location ) ' "erase ••e 3 3 0 Attempt ('DI/ 7GZrc .140.4_ S• ❑Complete Distnct of Occurrence D Disclosure? Occurred Date Occurred Time Dispo(A-Z) Status Flow Received 1 ZD 0 Yes CNo V 1► 1 GENERAL IBR INFORMATION(required on all criminal lncld Ws) • Location Type Offense Related to: CLEARANCE TYPE: Mold Ws) •Arrest Adult Bias Motivation? Domestic Violence? Child Abuse? 0 Alcohol 0 Computer O N-Not Applicable ❑AJ-Arrest Juv Yes(specify cads): ❑ es 0 Drugs j�IJot Applicable 0 Exceptional(veal*cads): (88) AANo as Criminal Activity Weapons Used. Caliber. Length: E ITEYs♦ *Units Entered Entry Method 1 Tools lfse Prem.Seam ❑Yes(spec*code): Gauge: Grip�nish: FOR BURGLARY ❑No (90) REPORTS ONLY NARRATW I ECT C.C)U.WA T U l06(rn0tOS : 1774E NSuiT8Ul ET )&irk7C .0I 0ACE S-lr. t,.1 :,- V -(T+ I - LSD`aa iJE T • SOLVABUTY • ❑01 Suspect arrested ❑04 Suspect can be IN ❑07 Witness to crime ❑10 Significant MO present • FACTORS: ❑02 Suspect named ❑05 Suspect described • ❑08 Crime scene processed ❑11 Useful physical evidence 03 Suspect can be located ❑06 Suspect veh described ❑09 Stolen property traceable ❑12 Related/similar incidents INV. 0 Victim 0 Complainant 0 Offender VICTIM ❑Individual ❑Government ❑Other PCN(Process Control Number) CODES XWitness 0 Registered owner 0 OwNer TYPE 0 Business 0 Religious 0 Unknown Offender Involvement Only Sus t C Driver 0 kissing Person CODES Ci Financial Institution 0 SociPublic 0 Police Ofc. Stmt Yes Name/((last/first middle) ^ • ce Sex DOB/Age Range . J l I taken? ❑No MCI 7�. U)y...) L L . Street Address 1 City State Zip home P e Place Eme�IIev'me Co2r� r�1U e - u-A_ T1 ? ziAt,t .O , Work Phone G OLN State SOC TO SID FBI 4133- . Height Weight Hair Eyes Ethnicity Residency Charge(s)and/or Citation No. Flag Custody Arrest Type Jail Booking No. Jail tatus 2 • I Alias Names/Idenn iers/Clothing • • • INV. 0 Victim 0 Complainant %pffender VICTIM 0 Individual 0 Government 0 Other PCN(Process Control Number) CODES 0 Witness 0 Registered owner ❑OwNer TYPE 0 Business 0 Religious 0 Unknown Offender Involvement Only 0 Suspect 0 Driver ❑ kissing Person CODES 0 Financial Institution 0 SoGJPublic 0 Police Ofc. • No. Stmt. ❑Yes Name(last,first middle) ce 1 Sex I DOB/Age Range f Di taken? 1k43 /PAte, t (MACz.L-I der. ' 1n) Q j? [ Street Address City State Zip Home Phone Place o Employment ! Z.5q" ' NE. wDNvL/Dull/O1 ZL• vkiooDiOv.t(E" • Rg67Z igg-i'tZS DOJt vu-. Work Phone OLN State SOC ID - SID FBI Zs 13Z qyck2331 illoiq G«✓let. 536—q v— %(g, . Height Weight Hair Eyes Ethnicity Residency Charge(s)and/or Citation No. Flag Custody� Arrest Type-JaiT Boolang No, Jail S 7- 02 31k 5 N r.) 1 ' Alias Namesildentifers/Clothing ,, . •:.._r•UICLE INFORMATION ' _ _ ❑Suspect Vehice � c No. L .State Veh.Yr. Vehicle Make Veh.Model Veh Type Color VN) ❑Victim Vehicle �- Description . Investigating Badge No. Supervisor • /) 3 6• � a 57•-3V MC 11 Rev119; • r� • 0978 CASE l - NUMBER . `-1 L...wile Police Department • Offense Code 1 (Offense/Incident Literal) 1 0 Attempt INCIDENT REPORT FORM i dot •- P`�j' L 1� iJ Ut i, Tli I mplete Reported Date Reported Time Offense e 2 2 ❑Attempt 07,L 4 15-0o ZI L(L Lb-N.) • _ Complete •i Location (� Offense Cade 3 ' 3 ❑Attempt. f . j S�) , ?& (.. R ' .' 5 ❑Complete • district of occurrence RD7 Disclosure? Occurred Date / Occurred Time Dispo(A-Z) Status How nred �.S' Z 709 - gas plo Oi?L��, y 52,5 • , GENERAL IBR INFORMATION(required on all criminal incl4ents) Location Type Offense Related to: CLEARANCE TYPE: XAA-Arrest Adult • Bias Motivation? I Domestic Violence? Child Abuse? 0 Alcohol 0 Computer ❑N-Not Applicable 0 XI-Arrest Jw ❑Yes(specify code): Yes ❑ es is 0 Drugs Not Applicable 0 Exceptional(veciy code): - (88) o Criminal Activity Weapons Used? Caliber. Length: 'f}IESE REVS-, #Units Entered Entry Method Tools Prem.Secvnty ❑Yes(specify code): Gauge: Grips/ finish: FOR BURGLARY 0 No J90) REPORTS ONLY A NARRATNE: SIA5 c:T Qb►41(\k17-Z UjbbCiii S dF 1746 itIOULT E*70 r LT,4mv e. (i..)ACC Sk-1 t A6-e c ?746 L- *so= i4&)v Lt:' • — j• P2.1Cc- ,COL. 1R c.i.c*� Se,beki . SOLVABILITY ❑01 Suspect arrested • ❑04 Suspect can be ID'd ❑07 Witness to crime ❑10 Significant MO present FACTORS: • ❑02 Suspect named ❑05 Suspect described ❑08 Crime scene processed ❑11 Useful physical evidence 003 Suspect can be located ❑06 Suspect Veh described ❑09 Stolen property traceable ❑12 Related/similar incidents INV. 0 Victim 4Complainant 0 Offender VICTIM 0 Individual 0 Government 0 Other PCN(Process Control Number) ' ' "S ❑ Witness 0 Registered owner 0 OwNer TYPE 0 Business 0 Religious 0 Unknown Offender Involvement Only /l 0 Suspect 0 Driver 0 Mssing Person CODES 0 Financial Institution 0 Soc./Public 0 Police Ofc. ''"•• Stmt. KYes Name(last,first middle) J'� tie Sex DOB/Age Range staken? ":1 No WI l C/f f=il Z LC ',.J t;(.) L L . treet Address City State Zip home Phone Pla.J Emplpyme Lili D 50 ' .-g- _- 15U 41.. 771-Lu.,I Pr j&A,_q&_1R •g •4416.4.4/0 ", Work3Phone��� OLN State SOC ID SID ' FBI • Height Weight Hair Eyes Ethnicity Residency Charge(s)and/or Citation No. Flag Custody t T Jail Booking No. .Jail 1 Status • �2 Alias Names/ldentifters/Clothing INV. 0 Victim .-Z Complainant❑ Registered owner . Ner Offender VICTIM ❑Individual�p Government 0 Other PCN(Process Control Number) CODES 0 Wilms TYPE 0 Business ❑Religious_ 0 Unknown Offender Involvement Only • 0 Suspect 0 Driver 0 kissing Person CODES 0 Financial Institution 0 Soc/Public -D Police Ofc. l /_ No. stmt.�/❑Yes Name(last,first,middle)/1��� ��• \ �� Sexr DOBI O AgeO '^�_ 1 takepr? KNo C 'ou$ LOCI?I. e/I) � \ T- l L1 @ Street Address C� 1 City State Zip Home Phone Place off Employment L tit 1 ( l - l . T" ,4c-8' CT In: • 5 �4 u 4`1e. 8kt et15 DEA Ut - Work Phone OLN State SOC SID FBI Z1 154 1S-35--7�i>_' Height Weight es Ethnicity Reside Charge(s)and/or Citation yc__ Flap Custody((((((AAAAAArtrtrtrtrtrteeeeeessssssi T Jail Booking No Jail (J Sm Ai Alias Names/Identifiers/Clothing i i - l " SH(MO A-. . • VtHICLE INFORMATION 0 Suspect Vehicle Lic.No. Lic.State Veh.Yr. Vehicle Make Veh.Model lVeh Typt' Color VW El Victim Vehicle Description esogakg pffi..er Badge No. Supervisor I��( _ _ - _ ...o....,...,�__. • TUKWILA POLICE DEPARTMENT CASE REPORT A-009 DATE: April 11, 1994 TYPE OF REPORT: Continuation TYPE OF CASE:.Entertainer Violation/Prostitution IBR STATUS: Cleared Arrest Adult CASE MGMT STATUS CHANGE: • 3. Adult entertainer dance club, open for business. 5. On 02/25/94 at about 1500hrs. I entered the Deja Vu Club located at 15011 Pacific Hwy. S. for the purpose of ascertaining if any adult entertainer violations would occur in my presence. I entered the club through the front door and was contacted by a male employee who was responsible for collecting the cover charge from patrons. He asked me if I'd been in the club before and I told him yes. He then said the cover was $5.00 and I paid him a $5.00 bill. He said "have a great time", and I continued in. I went to a table on the South side of the club that was three tables in from the D.J.'s stand and two tables from the South east exit. There were three chairs located at this table and I sat in the middle chair that was facing the main stage. There were two other chairs at this table, one on each side of me. They were both empty and no one else was sitting at my table. Shortly after taking my seat I was contacted by a waitress who asked me what I would like to drink. I told her a "Coke". She returned later with the drink and told me it was $5.00 and it was .a "bottomless" drink. I thanked her and paid her with a $5.00 bill. As I had entered the club I saw that there was a dancer on stage and I could see a dancer in the . back of the stage that was getting dressed. The dancer that was re-dressing I knew as stage name "Jackilyn". I had just taken a drink of my "Coke" when I was approached by a female employee who sat down at my table in the chair to my left. She put out her hand and said "Hi, what's your name?", I replied Dave. She then said "My name is Sheena,"and I told her I was happy to meet her. "Sheena" was later identified as Owens,Christine Suezana. 5 - Owens then picked up the flyer that was on the table advertising a special guest dancer by the name "Candee Apples" that is scheduled to perform in March of this year. Owens said "She's got great tits, but you know their fake don't you? Their nice but its not like having the real - . thing", and she pushed out her chest toward me. I told her she had very impressive breasts. Owens was wearing a black bra and panty two piece outfit. The bra was a lacey half cup style and the panties were a matching design of the "G"-string type. She was also wearing red high- heel shoes with about_a 3 to 4 inch heel. She had dark brown, almost black hair that was slightly • curled. • • At this time she said she had been off for a year and was just now trying to build up her cliental again. I asked her what she had been doing for the past year and she said relaxing, and traveling around.' I asked where she had gone and she said Hawaii and Mexico. At this time she asked me if I would like a couch dance and I asked her how much would it be. She said she liked me and since she was looking.for regular customers.she would charge me $12.00. I said that sounded like a bargain and agreed. She took me to the couch area. directly behind us on the South side of the club. She directed me to the end of the couch that was closest to the Southeast exit and had me set down. She sat next to me for a moment while I took off my jacket. She then sat on the coffee table that was in front of us,facing me, and took off her shoes. She then leaned back on the table and put her feet up on the couch putting them on either side of my legs and spread legs and began rubbing her crotch with her right hand. She then pulled the panty aside and exposed her vagina and began rubbing her exposed vagina. She did this for about 5 to 10 seconds. She then covered her vagina and-leaned forward, sliding her hands along the outside of my legs and moving up the sides of my chest and straddling me with her legs. She sat on my thighs,and put her hands onto my shoulders and was smiling at me. I returned the smile and she said "your very nice" I told her she was nice too. While she was talking she was sliding forward and back on my thighs with her thighs and buttock. She then asked me, while she was still doing this act, what I did for work, and I told her I was a recording engineer for a company in North Seattle. She then moved closer to me and began chewing on my ear and sticking her tongue in and out of my ear. She had moved her hips at the same time to where she was now sitting full weight onto my lap and she positioned herself so that her vagina, although still covered, was now riding atop my penis and she was pushing forward then down heavily onto my penis. She continued this motion for about 5 to 10 seconds. She then pushed back and slid onto my thighs again and began rubbing my thigh and crotch area with her hands. With her left hand she began rubbing my rights pants pocket which I carry my money. While she was rubbing the pocket with the money she was rubbing my penis with the right hand and asking me questions in an attempt to distract me while she was estimating how much money I might have. She was asking me things like, how I liked her breasts and have I been in the club before and questions to that effect. She then moved her face close to mine touching my nose with hers. As she did this I could smell the odor of an intoxicating liquor on her breath. The odor was extremely heavy. About this time the music stopped and she got off of me to my left and sat next to me on my left. • _:� -She asked me how I liked the dance and would I like another one. I started to say "Well" at . . -which time she said "how about a V.I.P. dance I'm excellent in there and you won't go away disappointed". I asked her how much that dance would be and she said "normally I charge • .$50.00 but I like you, I'll give it to you for $30.00 each". I said OK and she led me to the V.I.P. area. We entered the.VV.I.P. area through the opening that is by the dancer's changing room on the Northwest side of the club. Owens told me to sit on the couch that was to the left of the entrance to the area which I did. She sat next to me on'my left. I asked her what she had been doing in Hawaii and she said she was doing the bikini circuit. I asked how she had done and she • said she had won a few. She went on to say that she had also gone to Mexico and had met a guy • there while.Marlin fishing. She said he owned the fishing boat. She went on to say that she had stayed with him for about a week until she got tired of him getting up.every morning at 4 o'clock in the morning. She said she finally said "what are you doing" and he said he had to run the boat. She told him that if he wanted to fish over fucking her then it was over. She said to me "I told him this cause I'm the best fuck ever and I don't have time for that shit". I told her I couldn't believe that a guy would want to fish instead of "doing" her cause she looked marvelous. She said "do you think so?", and I said "with out a doubt." Owens then asked if I was ready for the dance and I said "sure". Owens started the dance the same as before, by.setting on the coffee table that was directly in front of us and facing me. She spread her legs apart and put her feet on either side of my legs. She then exposed her vagina and began rubbing it with her fingers on her left hand. She did this for about 5 seconds then moved up onto my lap pressing her breast against my upper chest. She began pushing her pubic bone into my upper lap and put her hands around my neck and began lightly nibbling my ear. She then began putting her tongue in and out of my ear and licking the edge of my. ear. She then lowered herself down full weight onto my lap still moving her hips forward and back in a rhythmic motion. She then put her right hand down between her legs and began rubbing my penis and moved her face close to mine again touching my nose with hers. She suddenly took the back of my head with her right hand and moved my head forward and at the same time she began kissing me. I attempted to move my head back trying to break away from the kiss however she pushed harder with her hand and began inserting her tongue into my mouth even though I tried to keep my lips sealed. As she did this the rubbing of my penis became more intense. Owens did this action for about 10 to 15 seconds. She then stopped and • stood .up still straddling my legs and turned around now facing away from me. She bent over and was looking at me through her legs and reached up with her right hand and moved the panties to one side exposing her vagina. At this time she inserted her middle and third finger into her vagina moving them back and forth masturbating herself. Owens did this for about 5 to 10 seconds. She then stood back up and turned around now facing me again. She moved . toward me and put her crotch into my face bumping my nose with her pubic bone. She then slid down the front of me maintaining contact until her breasts were on my chin. She then backed away slightly and with her right hand reached up and pulled the cup of the right breast back exposing her nipples. She then pushed her breast toward my mouth making contact. I kept my mouth closed but she then used her fingers to separate my lips and pushed her nipple into my • mouth. V • r.r • • She kept it there for about 5 seconds. At this time the current song was ending and she backed away and got off of me to my left and sat next to me. She told me I was very nice and she liked the way I smiled at her and I didn't act like a perverted nut or something. I asked if she ran into a lot of them here and she said once in awhile. She told me that the reason she took the year off was because she had a customer come in who was "a greasy Mexican guy" and she was giving him a dance in the V.I.P. area and when she got up on him he started moaning very loud and making all kinds of rude noises and she didn't like it so she got up and told him to "knock that • shit off man cause I don't like that shit." She said the problem was the D.J. was watching and told the manager who then told her that she wasn't suppose to treat the customers like that. She • - said she'told him what the guy was doing And he told her that's why they pay the money and if you don't like it then get.out. She said that's why she left. Owens stated she didn't mind doing the "dirty" because she is the best "fuck" around but she didn't like this creepy guy. She then talked more about her time in Hawaii and the bikini circuit. I told her that I know she had to have done well because she had such a great body and great breasts. She seemed to enjoy my complements and I kept this up a lot to gain a better rapport with her. About this time another male patron entered the V.I.P. lounge and took a set on the couch located on the East wall of the V.I.P. area. He was an older white male in his late 50s or early 60s. He was partially balding with white hair. He was wearing a light brown jacket, white shirt, tan pants and a dark tie. As he sat down he took off his jacket and lit a cigarette and sat back obviously waiting for a dancer. Owens watched him for moment and told me not to worry that he was waiting for a dancer and that he was a regular. She did this because I pretended to be somewhat nervous about his presence. At this time Owens asked if I was ready for another dance. Which I said I was. At this time she began the dance like the others by setting on the coffee table facing me with her legs spread and her feet on either side of my legs and began rubbing the outside of her panties on the vagina • area. She did this for about 5 seconds and then moved up onto my thighs. At this time she raised her hips moving her rights hand onto her crotch area and moved the panties aside exposing her vagina. At this time she inserted her middle and third fingers into her vagina and began masturbating herself by pushing her fingers in and out of her vagina. She kept this up for about 15 to 20 seconds then.pushed herself forward putting her left hand behind my neck maintaining her position with her right hand in her vagina. She kept rubbing her vagina and my penis with the back of her hand and began putting het tongue into my rights ear. She was now moaning into my-ear and:would make whimpering sounds too. She alternated sticking her tongue in my ear with soft nibbling.of the edge of my'ear. She maintained-this for about 1 minute and then • began moving her hips faster and rubbing both herself and 'me faster too. • Her moans became increased and at times would stop tongueing my ear and press her nose and mouth next to the outside of my ear and side of my head still moaning but now harder. She did this for about 30 to 45 seconds. I noticed the music had stopped and the D.J. was making an announcement about "Candee Apples" coming to the club in March, however Owens did not stop the dance but was at a feverish pitch in her rubbing and movement of her hips. About 15 • IDS • seconds after the music stopped she began to slow and she put her head to one side and rested - it on my shoulder moaning as if she had reached a climax and was now enjoying the feeling. She was still rubbing herself slowly and her.hip movement was slowing down too. After about 10 seconds she started to get up and said "oh wow, that was great don't you think?". I said that it was certainly interesting. She then got another cigarette from me and got up from the couch saying "don't go anywhere I'll be right back, don't let anyone else dance for you, stay right . there". She then left the V.I.P. area and went into the dancer's changing room. She was in there for about 3 or 4 minutes and then she returned, setting to my left again. Owens said that she could tell I really liked her tits and could tell I appreciated fine tits. I said "yes I do have a weakness for big tits", and she then said "I've got something you might really like". I ask what she had in mind and she said "I've got a friend who has really great tits, would you like us both to dance for you at the same time?", she went on to say how pretty her friend was and what great tits she had. I asked her how much this would be and she said that usually the double dancers would be $100.00 but we could work a price out. I hesitated for a moment and Owens said that she could charge me$30.00 and maybe she could see if her friend could go less too. At this time her friend came into the V.I.P. area and Owens said that's her now. I recognized the dancer as "Jackilyn" who had been announced several times by the D.J. as the performer on stage when-I've been in the club on previous occasions. "Jackilyn" walked by us and went to the older gentleman who had entered the area previously and began dancing for him. I told Owens that I might have to take a rain check on that when I had more money and she said that it would be an experience I wouldn't forget. She then went on to say that if there was any girls I was interested in either in or out of the club to let her know and she could fix me up with them. Owens then asked me if I would like another dance. At this time I asked her if it was OK to request special things. She said "tell me what you want honey". I said "well I really like your tits, there the best I've seen in a long time", she said "go on, tell me what you like babe". I then said "well, if I give you $50.00 plus the cost of the dance would you rub your tits on my crotch the whole dance?" She said "yes I'll do that, and listen, this is just like sex honey, you got to tell me what you want." Owens then stood up in front of me and bent over me putting her breasts onto my face. She did this for a few seconds then slid down my body moving her breasts back and forth until she was kneeling down in front of me and began rubbing her breast all around my crotch. At about this time the dancer known to me as "Jackilyn" and the patron she had been dancing for left the V.I.P. area. Owens watched them leave and when they must have been out of sight she grabbed my hands, which had been at my sides, and placed them on her breasts and began rubbing her breasts with.my hands as well as hers. Owens did this for about 30 seconds. The song ended, and Owens then stopped and sat next to me to my left again. -, Again she said "don't be shy about this honey, remember its just like fucking and you got to tell- me what you want, cause you know I'll tell you." I then told Owens that I had to go to work now but I'd be back and I asked when'she was working next. She said any time I wanted. She then told me that she would give me her home phone so I could call her and tell her when I needed her. She then asked me if I had a pen and I said I didn't. She said that next time she would give it to me. I told her that I would be in on Monday and asked if she would be there. She said she would. I then asked her how much did • • • I -re her and she began adding up the dances and then said $167.00. I gave her two $50.00 b...s, three $20.00 bills and a $10.00. She then gave me three $1.00 bills back in change. We then got up and she hugged me and said she would see me Monday. We then exited the V.I.P. area she was a little ahead of me because I was putting on my jacket. As I passed her she was talking to "Jackilyn" she grabbed my sleeve and said to "Jackilyn" this is one of my clients, Dave, and I think we need to both dance for him, he said he'd like that." "Jackilyn" said hi to me and said that the double dance would be "hot". I told them I'd be looking forward to it and then left the club. Upon leaving the club I went back to the station and obtained the Special Operations Deja Vu license book and looked through the book and positively identified Owens, Christine Suezana as the person who danced for me and identified herself as "Sheena". There is no doubt in this detectives mind that Owens was in fact the dancer "Sheena", who had danced for me. There is also no doubt that the purpose for Owens touching me while she danced was for the purpose of arousing or exiting this patrons sexual desires and interests. I prepared this report and forwarded it to Sgt. McOmber for filing. • nag Det. Dave McKenzie 5T34 Approved • i - I/ • f } • • • TUKWILA POLICE DEPARTMENT CASE REPORT A-009 DATE: February 26th, 1994 TYPE OF REPORT: Follow-Up • TYPE OF CASE: Entertainer/Dancer Violation/Prostitution IBR STATUS: CASE MGMT STATUS CHANGE: • On 02/26/94 I reviewed the Special Operations Deja Vu license book in regards to the Owens* case. By re-examining the photographs and speaking with Sgt. McOmber I determined the suspect originally identified as the dancer I had contacted was not Owens, Christine Suezana. The dancer I had contacted in these violations was, Parker, Mary A. DOB 07/18/67. The pictures are very similar. Speaking with Sgt. McOmber and other detectives who have had contact with Owens, she had a large tattoo on her left upper hip. The suspect dancer does not have such a tattoo. When told about the tattoo that Owens.has I could not remember a tattoo on the suspect dancer that I had contacted. I was shown a picture of Owens in the Deja Vu monthly magazine they put out and the tattoo on Owens' upper left thigh is very distinctive. When I re-entered the Deja Vu on this date the suspect I had previously contacted was on stage performing and she did not have a tattoo on her legs or any place else I could .see. With this and re-checking the photographs it has been determined they are not the same person. The true identity of the dancer committing the violations in this case is Mary A. Parker. • DET. DAVE MCKENZIE 5T34 APPROVED • /171 • •- • - - • - - . . •• ' ...... . - . .... • . - . . ..... . .:•:',;3 Ufl li-LI: .. . .. -..... . . . . . • \ . . • . ''....) I egUeOrt • " Tr' "<71 • :: . . : „... .„ ..• . • 1 . , I • A ':''.....;. . .... 1 : i i '4.• . . ... • :ixavut 15wrzirrauTlyTa 1 r • ROG - // 413m 2777s.c,415g 7.47, six • -Ar.:: •f • . ' , ‘11 •' . -:.- • ..-.1: . . . . - ,, .. ...z.,.- ---) . :II 13111113 elieqg - . is i 7z ">_ ,--?7,47---cze :maim: r•-..":" ......1.,,; . .1 . ll- % ... , . . I . - .... 315itrix - . asuplq.zoquiy. L __ _ : . . 1.1 • . . .. (.. - ) "2,455(1r . . . . . • • • : i: . - • . •::i.iti . •:._. . . . , . . • . .- . -- . : (--- . . .:,.-:. . . . _ . .. , . . . , .. . ... .• ‘. .. . . . . . .. . ., ... . . _ . .. . • • . •_. _ . _. _ . . _ . _. . . . __ . CASE • NUMBER `9�- i/v E,a Department 1 Offense Code 1 (Oflensellncident Literal) 1 ❑:pempt ..NT REPORT FORM i<-/Z _ <�-cc"�s•� 7.=��✓ �4Comyete _.,edTYate" . i Reported Time Offense Code 2 2 ❑Attempt •,,i/rr`- /73� /'- j ,- ^'-7-,--;:-1-/',-•_-�� �/G.— ; Compete Location Offense Code 3 3 0 Attempt i'Si�i/ /�'J�. ,.•L.,- /�r,-J. � ',Compete Distnct of Occurrence RD Disclosure? / •Occurred Date Occurred Time Dispo(A-Z) Status - How Received 7—r Z.�o3 Oyes o ,�-,///i�--f/ / -;"-S---"....Z5--_, A A -- Ad GENERAL IBR INFORMATION(required on all criminal incidents) Location Type Offense Related to: CLEA ANCE TYPE: 0 AA•Arrest Adult Bias Motivation? Domestic Violence? Child Abuser 0 Alcohol mputer l•Not Applicable O AJ-Arrest Juv 0Yes(specify code): ❑ s �s e�co O Drugs t Applicable ❑Exceptional(specdy code): 4 (88) o :As • Criminal Activity Weapons Used? Caliber: • Length: 'THESE ITEMS-► It Units Entered Entry Method Tools Used Pram Security 0 Y (specify code): Gauge: Grips/Finish: FOR BURGLARY > (90) REPORTS ONLY A NARRAThi : • ,_÷-/Z /7G/Z4_-'-.v ri 7‹.- «_ -__,�/:iti/\-' Ss=�L..4��._ Gci/"'arc_"' 7,,/ • SOLVABILITY 0 01 Suspect arrested 7 04 Suspect can be ID'd O 07 Witness to crime ❑10 Significant MO present FACTORS: 02 Suspect named E 05 Suspect described O 08 Crime scene processed ❑11 Useful physical evidence =03 Suspect can be located D 06 Suspect veh described O 09 Stolen property traceable 012 Related/similar incidents INV. = Victim 7 Complainant , Ofender VICTIM 0Individual• 0 Government D_.Other PCN(Process Contro!Number) CODES Witness 0 Registered owner 0 OwNer TYPE ❑Business 0 Religious 0 Unknown Offender Involvement Onry Suspect E. Driver = Kissing Person CODES 0 Financial Institution 0 Soc/Public 0 Police Ofc. - ) • Stmt Name(last,first,middle) race I Sex l DOB/Age Range �- taken? No . ��7�,��,�` /��'-.��ti�.‹F. State Ziphome Phone Placeol,m/n �' -_- ' 'et Address City E poy e Work Phone OLN ' State I SOC TO SID FBI Ci-/eT/.Z--7 j-7/2--3/j cur ' I-s"u•'. . `-jwty' Height Weight Hair Eyes Ethniaty Residency Charge(s)and/or Citation No. / Flag Custody Arrest Ty Jail Booting Noi Ja.' 1 ,„ -z ,✓ Status - — �, /i /e/v' 2=-,:ram-/-.-() --r --=�/,^v J Alias Names/Identifiers/Clothing • • INV. 0 Victim 0 Complainant 0 Offender VICTIM 0 Individual' 0 Government 0 Other PCN(Process Control Number) CODES 2 Witness 0 Registered owner'0 OwNer TYPE 0 Business 0 Religious 0 Unknown Offender Involvement Onry Suspect O Dnver 0 Kissing Person CODES 0 Financial Institution 0 Soc/Public 0 Police Ofc. No Stmt. E Yes Name(last,first,middle) Race Sex I DO&'Age Range taken? E.No Street Address l City State Zip Home Phone Place of Empoyment 1 Work Phone I OLN State I SOC TO SID FBI I I Height , Weight Hair Eyes Ethnicity Residency Charge(s)and/or Citation No. Flag Custody Arrest Type Jail Booting No Ja• 1 Status 2 A A A I Alias Names4 entifiers/Clothing • ` ' VEHICLE INFORMATION 0 Suspect Vehide lic.No. Lic.State Veh Yr I Vehicle Make Veh.Model Veh Type Color VIN . . ' 'ictim Vehicle 1 _ - criphon . - _ ' Investgattng Officer Badge No Supervisor -- a /^/�/-ti_:: . . ; --7. -- /1--ic..� -Ir•— - (-- 273 ,J Rev 1192 CASE NUMBER: 4 ?OCo� �—o(v{o DATE: 04-11-94 TYPE OF REPORT: CONTINUATION TYPE OF CASE: PROSTITUTION IBR CLEARANCE: OPEN 3. Adult entertainer dance club, open for business. 5. On 04-11-94 at approx. 1535 hrs., I entered the Deja Vu Club, located at 15011 Pacific Hwy. S. for the purpose of investigating any prostitution activity and ascertaining if any adult entertainer violations would occur in my presence. I entered the club through the front door. I was contacted by a tall white male with short brown hair. He wore a white, tuxedo type shirt with a black bow tie. He asked if I had ever been in the club before. I told him that I had, but it was mostly during the night. He told me the cover charge was still $5.00. I gave him a $20.00 bill and he gave me a $10.00 bill and a $5.00 bill in change. He also gave me a small red ticket. This ticket was to be used in case I needed to leave the club and wanted to come back. I looked over to the bar area and noticed a shorter white male, tending bar. He had short brown hair and he resembled Jerry Shackles, one of the managers. He, too, wore a white, button up, tuxedo type shirt. I entered the lounge area of the club. I walked over and took a seat at a table located on the south side of the club. I sat at a table which was two tables back from the main stage, and directly in front of a couch on the south wall . I sat on the right side of the table, facing the main stage. This table was the second to last table in the southeast corner of the club, before the fire exit door. I took my seat and looked around the club. The dancer that was currently performing on the main stage was "Celeste" . "Celeste" wore a one piece, black lace, body suit. I looked around the club and observed approx. 11 patrons, seated throughout the club. I observed approx. 12 dancers. I was able to identify the following dancers: Violet, Lanae, Blake, . Salina, Maria, Cheresse, Ashleigh, and Celeste. I . sat and watched the completion of "Celeste's" stage performance. As "Celeste" walked off the main stage, I was 1 • z17' approached by a white female waitress. This waitress was short and had long, curly, brown hair that she wore pulled back. She wore a white, sleeveless, tuxedo type shirt with a black bow tie. She wore a black bikini type bottom with black nylons.. She asked what I wanted to drink. I told her a Coke wold be fine. This waitress returned and brought my drink. I .gave her $5.00 for the drink. I thanked her and she walked away. I was approached by "Celeste", who had just come from the small dressing room from behind the main stage. She had changed her outfit and was now wearing a different one piece outfit. This outfit resembled a swim suit. It was black in color and made of a spandex/lycra material . The front of the outfit was cut down to "Celeste's" lower abdomen and revealed her chest and stomach. The outfit was cut high in the thighs and the back was a G-string style. I noticed that there was a white tag on the back, just above the right cheek of "Celeste's" buttocks. I noticed she wore red high heeled shoes. I noticed that "Celeste" was carrying a drink in one hand and a small black wallet in the other. She walked over to my table and asked if I wanted a dance. ."Celeste" would be identified as Parker. I told Parker that I would love a dance. She asked if I wanted a table or couch dance. I told her I really wanted a couch dance. Parker told me I could go to the couch directly behind my table. I got up and we walked over to the couch. I sat down near the center of the couch and Parker sat down to my right. She asked if I wanted the $22.00 . or $32.00 dance. I told her I would start with the $22.00 dance and work my way up. We sat and waited for the next song to begin. Parker had removed her red high heeled shoes and placed them on the floor in front of the couch. She climbed up on the couch and spread her legs to straddle my crotch. Parker began to slowly but deliberately grind her crotch into mine. She leaned her face toward my left ear and began to kiss and tongue my ear. Parker told me that I smelled really good and then continued to kiss and then nibble on my left ear. Parker slowly sat back up. She took her left hand and pulled the top of her outfit to the side, exposing her left breast and nipple. Parker used her fingers to pinch her nipple, making it erect. She then moved her chest to my face and pressed her exposed nipple to the lips of my mouth. Parker kept her • nipple to my lips, moving it slowly, back and forth along my mouth. She used her left hand to cup her breast and then.press her nipple, firmly to my lips, in an attempt to get me to suck on it. After about 10 seconds, Parker sat back up and covered her breast. Parker slowly moved off my lap and stood up in front of me. She bent over and placed her head to my crotch. She slowly moved her head against my crotch, rubbing it against my covered penis. After approx. 5 seconds, Parker stood up and turned around. • 27.E Parker lowered her buttocks to my crotch. She firmly ground her buttocks into my crotch and groin. Parker leaned back and rested her head on my left shoulder. She used her two hands to rub and squeeze her breasts. Parker took her hands and pulled the top of her outfit to the sides. She exposed both her breasts and nipples. Parker continued to rub and caress her exposed breasts. Parker positioned herself higher on my lap and began to kiss and nibble my left ear as she played with her breasts. During this, Parker continued to grind and rub her body against mine. She maintained this for approx. 30 to 40 seconds. • Parker slowly sat up and continued to grind her buttocks into my crotch. She sat there rubbing her cheeks of her buttocks along my crotch in tempo to the music. Parker stood up and. turned around to face me. She slowly climbed back up on the couch and spread her legs to straddle my crotch. Parker began to ride me like she had before, slow and deliberate, concentrating on grinding her crotch firmly into mine. She leaned toward my face and held my face between her breasts as she slowly caressed my face with both her breasts. Parker sat up and began to rub and squeeze her breasts with her hands. She slowly pulled the top of her outfit to the side and exposed her left breast and nipple. Parker leaned in toward my face and pressed her nipple to my mouth. She leaned even closer, trying to force her nipple into my mouth. Parker moved back and began to gently rub her breast and nipple across my mouth and face. She completed her dance by holding my face between her breasts and slowly pumping her crotch into mine. After the song ended, Parker climbed off my crotch and sat down on the table in front of the couch. She said that she was going to go change into another outfit. I gave her $25.00 for the dance, this included a $3 .00 tip. Parker asked if I would like another dance, when she returned. I told her I would love another dance and that I would wait for her at my table. Parker said she would be right back. I returned to my table and sat down. Parker came back after a few minutes and asked if I still wanted the dance. I told her I did. She had me walk over to the same couch. She asked if I wanted the same dance. I told her I was really interested in the $32.00 dance that she had told me about. Parker then said that she had a $42 .00 dance. I told her that sounded even better. Parker had changed her outfit. She now. wore a two piece, matching, white lace bra and panty. The bra had-lace cups and an underwire support. I noticed that it clasped in the front. The straps went over her shoulders. The matching lace panty had a see through lace design with a high waist in the front. It was thong backed. I noticed that when Parker walked, with her high heeled shoes on, she was taller than me. 3 2'7C# Parker asked if I would mind moving over to the other side of the club. I told her that would be fine. She escorted me over to the row of couches on the north wall . She had me sit on a couch near the center of the row. Parker sat down to my right and we spoke until the next song began. I have been taken over to this part of the club before. This area is darker, poorly lit, and the managers do not come over in this area as often as the other parts of the club. When the next song was about to begin, Parker confirmed that I wanted the $42 .00 dance. I told her I did. She then asked if I thought I could handle it. I asked her if it was that good. She said it was definitely her best. I told her, as long as I did not have a heart attack, I would take my chances. Parker smiled, removed her shoes, and began her dance. Parker moved from where she was sitting and straddled my lap. She began to slowly rub and grind her crotch into mine. Parker used both her hands to pull the cups of her bra down and expose both her breasts and nipples. She began to pinch her nipples, making them erect. Parker spent the next several minutes rubbing and massaging her breasts. Parker leaned forward and pressed her chest to my face. She slowly rubbed her exposed breasts and nipples across my face. Parker used her hand to squeeze her breast as she rubbed her nipples across my lips. She stopped and placed her left nipple to my mouth. She held her nipple to my lips, firmly pressing it to my mouth, trying to get me to take it and suck it. Parker continued this for approx. 30 seconds. Parker sat back up and replaced the cups of her bra. Parker slowly stood up on the couch. She supported herself with the wall behind the couch. Parker began to move her hips back and forth, inches away from my face. She took her right hand and pulled the bottom of her panty to the side, exposing her vagina. Parker used the fingers of her right hand to rub and pull on the exposed outer lips of her vagina. She moved her crotch closer to my face and pressed her exposed vagina to my nose. I moved my head back until it touched the wall . Parker moved with my face and continued to press her exposed vagina to my nose. When my head could not go back any farther, Parker began to ride and then rub her vagina against my nose and face. She continued this for approx. 5 seconds. . Parker pulled away from • my face and replaced her panty, covering her vagina. She slowly slid down my body, onto the floor. She was now kneeling on the floor in front of me. Parker pressed her breasts against my crotch and groin, and then rubbed her breasts up and down along my crotch. Parker rested her head on my left thigh and used her left hand to rub and squeeze my penis through my pants. She continued doing this for approx. a minute. During this time, Parker would look up at me and smile. • 4 2911 } Parker slowly slid up my body and restraddled my crotch. She began to slowly rub and grind her crotch into mine. Parker leaned her head to my right ear. She began to kiss and nibble on my ear for a few seconds. She pulled her head back and looked me in the face. I told her I thought she had great "hand technique", she smiled and then began to kiss me on the lips. The kiss lasted for several seconds. She moved her head back to the right of mine. Parker finished the dance riding my crotch and thoroughly kissing and tongueing my right ear. Parker remained straddling my crotch and asked. if I wanted another dance. I told her I had to be going, but would love another dance. I told Parker I usually came into the club at night and that I could request special things from some of the dancers. I asked Parker if I could make a special request of her. She smiled and asked what it was. I said it was not anything out of the ordinary but .that I really liked the way she rubbed my crotch with her hand. I asked Parker, that if I was to give her an extra $20.00 would she go down and keep rubbing my crotch with her hand. Parker smiled and said she could tell I liked that and she would keep doing it if it had the same effect. I told her she had the "touch" and I would do my part if she did hers. Parker said she would love to. Parker slid down my body and kneeled between my legs. She pressed her breasts to my crotch. Parker began to slowly rub them up and down along my crotch, pressing them firmly into me. She rested her head on my left thigh and used her left hand to stroke and squeeze my penis through my pants. Parker remained caressing and stroking my ' penis for the next minute. Parker would periodically look up and smile as she stroked me. Parker slowly slid up my body and spread her legs to straddle my crotch. Parker exposed both her breasts and pressed them to my chest. She leaned her face to mine and gently began to kiss me on the lips. The kiss lasted several seconds and Parker sat back up. She began to rub and squeeze her breasts. She then tugged on her nipples to make them erect before leaning back toward my face and rubbing her breasts across my face and mouth. Parker placed her left then her right nipple against my lips. She then concentrated on trying to get me to suck on her right nipple as she cupped and squeezed her exposed breast. Parker continued this for approx. 20 seconds and then slowly replaced her bra and slowly stood up on the couch. Parker stood on the couch and then turned around and faced away from me. She bent over and supported herself with her hands on my thighs. With her legs spread, Parker brought her left hand between them, and pulled her panty to the side. With her vagina exposed, Parker slowly'caressed and rubbed the outer lips of her vagina. She did this for a couple of seconds and slowly moved her buttocks and ' ' crotch toward my face. I moved my head back until it came in contact with the wall . Parker continued to move back until she 5 zr1S • • pressed her exposed vagina to my nose and face. She moved her hips up and down, rubbing her vagina along my nose and mouth. Parker continued this for several seconds and then moved herself off my face. She replaced her panty, covering her vagina._ Parker climbed off the couch and knelt down on the floor between my legs. She rested her head on my left thigh and started to squeeze and massage my penis with her left hand. Parker continued to stroke me through my pants until the song ended. This lasted for approx. another minute. At the end of the song, Parker slid up my body and again kissed me on the lips. She asked me how I liked it. I told her she was the best I ever had. She thanked me for the compliment. She asked if I wanted to stay for one more. I told her I.would love to, but really had to be going. I gave Parker $104 .00 for the two dances. This included the extra $20.00 for her to continually rub my crotch with her• hand, which she had done. Parker thanked me and asked if I came into the club much. I told her it was mostly during the -night time but I would like to see her again. She said she worked only three days a week and usually worked Monday, Wednesday, and Friday. I told her I would come and see her Wednesday. I thanked Parker again and told her I would see her later. Parker is a white female with large breasts. She had long, black hair that hung to the middle of her back. She had long bangs. I noticed that her hair had a slight curl and wave to it. She did not wear any clips in her hair, and I noticed she would keep throwing her head back to keep her hair out of her face. Parker wore dark eyeshadow and black eyeliner. I noticed she wore a light shade of pink lipstick. Parker did not wear any jewelry. At the completion of this investigation I returned to the station to complete this case. I obtained the 1994 Special Operations Deja Vu license book. I verified Parker's identity by both her application picture and her driver's license photo. Parker agreed to sexual contact for an additional $20.00, on top of her normal price for her couch dance. There is no doubt that the purpose for Parker exposing her breasts and vagina and touching me inrthe manner that she did, while she danced, was for the purpose of arousing and/or exciting this detective's sexual desires and interests. Case forwarded to the City Attorney for filing. Det. M. T. Hayden Approval: MoOmber. - 6 279 • "7b - CASE ` NUMBER 4 4/- O7s - - -. - -Ofierise Code 1 - (Offense/Incident Literal) 1 nempt ' Tukwila Police Department •INCIDENT REPORT FORM /(1c -v '>✓7�'I)f l�-. U'r 0%o+J p ompete ... v oned Date-- 7--.-. _Reported Time • Offense Code 2 2 2,Attempt (r/'� ❑Compete Location - .l �� i Offense Code 3 3 C Attempt l l! L(FlG [ t1• .) S� • I OCompete, . Distnct of Occurrence RD Disclosure? Occurred Dale , Occurred Time Dispo(Al) Status Flow Receved — :— '7�7 'es QJo 0' C` U(12� 3 L O l S-- 0 A GENERAL IBR INFORMATION(required on all criminal incidents) Location Type Offense Related to: CLEARANCE TYPE: %AA-Arrest Adult Bias Motivation? ' Domestic Violence? Child Abuse? C Alcohol 0 Computer p N-Not Applicable ❑AJ Arrest Jw ' r�Nos( ty code): C_Neos NoYes • r Drugs blot Applicable `7 Exceptional(specify code):• �}� � • Criminal Actmty Weapons Used? Caliber: Length: THESE ITEMS•+ I Units Entered Entry Method Tools Ui Prem.Sears, Yes(specify code): Gauge: Grips/Finish:' FOR BURGLARY C No (90) REPORTS ONLY A NARRATNE: ,, ,� T Cow CC -. .) U I DI - QSJS Or +11 L,f Gk I L i41'J - ( SOLVABILITY _01 Suspect arrested 0 04 Suspect can be ID'd 0 07 Witness to crime 010 Significant MO present FACTORS' 0 02 Suspect named C 05 Suspect described a 08 Cnme scene processed C 11 Useful physical evidence 03 Suspect can be located C 06 Suspect veh described 0 09 Stolen property traceable, C 12 Related/similar incident • INV - Victim 0 Complainant 0 Offender VICTIM ❑Individual 0 Government 0 Other PCN(Process Control Number) CODES )K Witness C Registered owner C OwNer TYPE 0 Business D Religious 0_Unknown Offender Involvement Only Suspect - Dnver 0 Missing Person CODES 0 Financial Institution 0 Soc/Public .0 Police Ofc. No j Stint ;Yes Name(last,first middle) , p l) i iL 1 l_(� / I-ace ;,,ex DOB/Age Range • 4 ) I j taken? .-No `'VI C 4 )7 1 ► /rl - -eel Adcress I City State tip Flom Phone Place o Employmerm • OL 0U G 'tt. wk. /u K-'�� bug 1g1 mow. A Work Phone OLN State SOC TID I SID FBI fI 4,327(.g V� _I Height I Weight 1 Hair I Eyes Ethnicity Residency Charge(s)and/or Citation No. Flag Custody Arrest Ty Jail Booking Noll •ki 1 Status 1 2 ! .t Alias Names/identifiers/Clothing INV == Victim . Complainant ('�Oftender VICTIM 0 Indvidual 0 Government Other PCN(Process Control Number) Religious Offender Involvement On - CODES! 0 Witness -: Registered owner 0 OwNer TYPE 0 Business .-, eli sous �UnknownOnly Suspect - Dnver 0 II%ssing Person CODES 0 Financial Institution C Soc/Public E.Police Ofc. No t Strut Yes I Name(last,first,middle) Race 1 Sex DOB/Age Range op ( taken', )(No I S I i JJ•�L.r JF�l E/+ L/ _A:Z;(: f T - C) %v - (Y Street Address Gty State Zip Home Phone Place of Employment _ ZZ(p ' C.Z� 0 - ik' P S-. f •5MO/ . buA (gq 9z((-76 YL D , (Jv Work Phone 1 OLN State SOC TID SID • • FBI Z - i.L-r' 1S 5s 33(18 s32-�o-sSS 2 Height I Weight Hair " Eyes Ethnicity Residency Charge(s)and/or Citation No. Flag Custody Arrest Type Jail Booking No; Jo.' 1 Status :2- ICh' 3U16i3OOj0,42 . . II 4 . Alias Names/Identifiiers/ thing i. VEHICLE INFORMATION ` Suspect Vehide Lic No Lic.State Veh Yr. Vehicle Make Veh.Model Veh Type Color VIN Victim Vehicle Descnption • Investigating Officer Badge No Supervisor JQ D Rev 1 7'9-' TUKWILA POLICE DEipARTMENT CASE REPOR ' -076 • DATE: April 25, 1994 TYPE OF REPORT: Continuation TYPE OF CASE: Entertainer Violation IBR STATUS: Cleared Arrest/Adult CASE MGMT STATUS CHANGE: • 3. Adult entertainer dance club, open for business. 5. On 04/25/94 at about 1800 hrs. I entered the Deja Vu Club,located at 15011 Pacific Hwy. S. for the purpose of ascertaining if any criminal violations would occur in my presence. I entered the club through the front door. I was contacted by a male employee who was responsible for taking the cover charge from patrons. I gave him a $5.00 bill for the cover charge. He then gave me an admission ticket and said, "have a great time, man", I thanked him and entered-the lounge area of the club. I took a seat at a table that was two tables from the front door and five tables from the south east exit. There were three chairs at this table all of which were facing the main stage. I sat down in the middle chair with the other two chairs on either side of me and they were empty. shortly after I sat down I was contacted by a waitress who brought me my "Coke". She said "Hi, I haven't seen you for a while, how was your week-end?". I told her it had gone fine and paid her for the drink with a $10.00 bill and told her to keep the change. She then sat down next to me and we talked for a while. She then left and shortly after this I was contacted by a dancer. The dancer was wearing a white lacy camisole and white lacy "thong" panties. She was also wearing white high-heel shoes with a 3 to 4 inch heel. She had blond hair that extended just below her shoulders. She was wearing gold metal earrings with a single pearl in each. She also had a three ring pearl bracelet on her right wrist. PAGE 1 • She asked if she could set down and I said yes. We talked for a minute or two and then she asked me if I would like a couch dance. I told her I would, and we moved to the couch area directly behind me on the south wall of the club. We sat down on the couch • area and she asked me what my name was and I told her Dave. I then asked her what • • her name was and she said "Shelly". The music started and "Shelly", later identified as Stisser, took off her shoes and began the dance. Stisser climbed up onto the couch with her legs on either side of my legs and sat down onto my lap and began rotating her buttocks on my lap. At this time she asked if I would like the $25.00 dance or the $35.00 dance. I told her we could start with the $25.00 dance and go from there. At this time she leaned forward putting her head on the left side of my head and blew into my ear. She then raised up slightly and began rubbing my lips with her left breast. At no time during this dance did Stisser expose her breasts. She then moved to her left slightly and pressed my face against the cleavage of her chest. She • then began moving her chest in a circular motion while still pressed against my face. She did this for about 5 seconds then leaned back with full weight on my lap and began moving her buttocks in a circular motion then would stop and move her buttocks forward and backward onto my lap. Stisser did this for about 10 to 15 seconds. She then stood up and while standing over me and facing me she moved her crotch forward until it touched my nose. She then moved her crotch up and down rubbing my nose on the outside of her panties. She then backed away and turned around facing away from me. At this time she sat down onto my lap and began moving her buttocks forward and backward. Stisser then reached between my legs and squeezed my penis with her right hand. She did this for only a few seconds then stepped off my lap. Stisser then turned around, now facing me, and bent forward taking my thighs with her hands and put her head forward and began rubbing my penis with her forehead. She did this for a few seconds then climbed back up onto the couch with her legs on either side of my legs. She sat back down onto my lap and began moving her buttocks forward and backward. She then would stop and began rotating her buttocks in a circular motion. Stisser would alternate these movements for about 20 to 30 seconds. While doing this she would also lean forward and put her face near my left ear and softly moan and blow into my ear. Stisser then raised up slightly and began rubbing her left breast on my lips and face. She then would alternate to her right breast, also rubbing it on my lips and face. Stisser then leaned back and began moving her buttocks forward and backward and continued this motion until the song ended. Upon the conclusion of the song she got off my lap and took a seat next to me on the couch to my right. At this time some male patrons that I know entered the club and sat down at the tables just in front of us. At this time, to avoid being identified, I paid Stisser $25.00 with a $20.00 bill and a $5.00 bill and told her I had to be going but I would be back to see her again. I then left the club and returned to the station. PAGE 2 • 3 • I returned to the station and obtained the Special Operations Deja Vu license book. I looked through the book and located Stisser. I positively identified Stisser by her picture and stage name. There is no doubt in this detectives mind that Stisser was in fact the dancer "Shelly", who had just danced for me. There is also no doubt that the purpose for Stisser touching me while she danced was for the purpose of arousing or exciting this patron's sexual desires and interests. I prepared a report for this case and forwarded it to Sgt. McOmber for filing. Det. Dave Mckenzie 5T34 Approved_ PAGE 3 • ,3l,/ 17 ************************************************************* TUKWILA POLICE DEPARTMENT CASE REPORT A-090 _ ,ya • •************************************************************ CASE: A-090 DATE: May 12, 1994 TYPE OF REPORT: Continuation • TYPE OF CASE: Prostitution IBR STATUS: Cleared-Arrest/Adult CASE MGMT STATUS CHANGE: 3. Adult entertainer dance club, open for business. 5. On 05/12/94 at about 153.0 hrs. I entered the Deja Vu Club, located at 15011 Pacific Hwy. S. for the purpose of ascertaining if any criminal violations would occur in my presence. I entered the club through the front door. I was contacted by a male employee who was responsible for taking the cover charge from patrons. I gave him a $20.00 bill for the cover charge and he gave me a $10.00 bill and a $5.00 bill in change. He also gave me an admission ticket. I then entered the lounge area of the club. I took a seat at a table that was two tables in from the front door and five tables from the south exit. There were three chairs at this table all facing the main stage and all empty. I sat in the middle chair with the other two chairs on either side of me. I was then contacted by a waitress who I recognize from previous contacts in the club. She brought me a "Coke" without me ordering it, since she knows what I drink. I know her by face but not by name. She sat down on my right and we talked for.about 10 minutes about her recent break-up with her boyfriend. After this she left and I was contacted by a female dancer I know as "Kelly" from previous contacts in the club. "Kelly", whose true name is Kimberly B. Neal, was dressed in a two-piece string bikini that was white in color. She was also wearing black high-heel shoes that had a 3 to 4 inch heel. PAGE 1 �2 • She has blond hair that was curled up and extended to just below her ( shoulders. We talked for a while then she had to go and perform on stage. After she performed on stage she came by my table and said she had to go see another customer but she would be right back. She then left and about 10 minutes later she came back to my table. We talked for a while then she said,"well, are you going to get a dance from me or what". I said,"well, OK • let's go". We then got up from the table and she told me to follow her. She then lead me to the couch area on the north wall on the east side..She then had me sit down. The current song had just started and as I sat down she climbed up on the couch with her legs on either side of my legs and sat down on my lap. Neal put her arms around my neck and began moving her buttocks forward and backward on my lap. She did this for about 15 seconds then leaned back and reached up with her hands and pulled the top of her outfit aside exposing both her nipples. She began squeezing her breasts together then leaned forward putting her nipples into my face. She released her breasts with her hands but continued to rub her nipples in my face. She would rub her nipples on one side of my face then the other side. She did this for about 20 to 30 seconds. She then leaned back from me, still exposing her nipples and reached down with her hands and pulled up on her bikini bottoms. She pulled up on the bottoms so • that the material went between the opening of her vagina exposing the sides of her vagina. Neal did this for a few seconds then released the bikini bottoms and raised up so that her breasts were over my head. She then put her breasts on the top of my head and began sliding her breasts down my head and onto my face until my nose was in the cleavage of her breasts. Her nipples were pressed against my eyes. She rubbed my eyes with her nipples for about 5 seconds then slid her breasts down my face and placed her breasts against my chest and put her hands around my shoulder and pressed against my chest. While doing this she put her face on the right side of my head and began moaning into my right ear. Neal did this for about 10 seconds then leaned back and put both of her hands onto my chest and began rubbing her hands up and down my chest. She then put her nipples back against my face and rubbed my face with her nipples for the conclusion of the song. At this time she left her left nipple on my face for a few seconds after the song ended. She then got off my lap and sat next to me on my left. At this time she said, "well, I have to go see this other customer but I'll be right back", I said, "OK I won't go any place". Neal said, as she got up for the couch, "OK, cause you still owe me money". About 5 to 10 minutes later Neal returned and sat next to me on the couch on my left side again. At this time I was contacted by a waitress and asked if I would.like to buy "Kelly" a drink. I told her I would. PAGE 2 • 3/3 • • The waitress returned with the drink and I paid her with a $20.00 bill. The , waitress gave me a $5.00 bill and five one dollar bills in change. At this time Neal thanked me for the drink and asked if I would pay her now for the last • dance. I said I would and asked, "that was $32.00 right?", and she said yes. I then paid her with two $20.00 bills and she gave me a $5.00 bill and three one dollar bills in change. We then talked about the other customer who she • said made her nervous because he was in to this little girl thing. She said he wanted her to dress like a twelve year old or something. I told her that was pretty weird and then told her I liked women to be women. I then said "well, let me be competition for this dude, • . . . .• 'a''=` '- W" "..:, .• At this time the song started and Neal put her left leg across my lap and sat up on my lap from where she had been sitting. She began.the song by moving her buttocks forward and backward on my lap. She did this for about 5 seconds then reached up with her hands and pulled the top of her outfit aside exposing both her nipples. She then began squeezing her breasts together then leaned forward putting her nipples into my face. Sh.e began rubbing her nipples on my face then put her left nipple into my mouth. She did this for about 10 seconds then moved her right nipple into my mouth. She did this for about 10 to 15 seconds. Neal then raised up and put her breasts on the top of my head and began sliding her breasts down my head and onto my face. At this time she backed away from my face and began squeezing her breasts together. She squeezed her breasts together to the point where her nipples were almost touching then leaned forward putting both her nipples into my mouth. As she did this she said, "here comes a double shot". Neal did this for about 5 seconds then leaned back and released her breasts then leaned forward putting her left nipple into my mouth then would back away slightly and move the right nipple over into my mouth. Neal alternated this motion back and forth for the remainder of the song. After the song ended she sat down on the couch to the left of me. At this time we talked for a little while longer then I asked her if I could ask her something. She said I could ask her any thing I wanted. At this time I asked Neal if she ever did any private "dances". Neal said she had but only for guys she was comfortable with. She then said, "I would dance for you 'cause you,seem normal, and besides you laugh at my jokes, so that's a plus". I then said, "what does the 'dance' consist of", and she said, "well, for me to dance naked for you would be like what we just did and that's $50.00, and the other stuff is more", I said, "other stuff? Ya mean stuff like sex?", and she said, "yeah, sex". I said, "well, how much is straight sex then?", and she said, "oh, $300.00 to $400.00 bucks". • PAGE 3 3/4 . . ... • . - 101' 19 ......__.• , --i 0 . • . • ..: .• . . . ...• . . .. •, .._. „ ,.,..„.„... ,...,, ;,,,...,,._...._,._... : ...... v .ntertainar - Manager . • .-zq 4-.1,.. ' . • .4-i•;,---., ' • Stage names. • . • .... ,.. 1. ..- . v '.-. ,• .,---.• . •-,.. • ••‘f!.-.1:e4. -.:-. • .4.— , .1.,;•• •• , s • •" k 77,./.! • ,,,,,... : ,..--,, ..p.Qi.j..-- ...,.. R/S w(F Egt 5--2- lQgt MO DOB I I 226 ,q ,..,-. ...."..,..k. , :A.. . •... . ' -.:f'';`,.f'..-- - r:'4 '..-r s's:t;:` . 'i......" '....s. 'N=.--'4.`.1.•.... . .. ' ', .-,,: '''.-,,..;v• —- 1 -I.- - ••••• ' - . %. .•:" . '.., ; •'4••,. • Distinguishing marks: • -,••-.4*---.• . .•':? • • , . ..,. ., .. •. •f 3 .. ' 4...... .• .. "(- . , , • NERL,, K;ftberly i •. License i . . el K ELLYt% 112.0.69 . .• . --...-_-_ . 3t, Nlr I _ 18 ***********************************************************M* TUKWILA POLICE DEPARTMENT , CASE REPORT A-103 ************************************************************* • CASE: A-103 • • DATE: May 26, 1994 TYPE OF REPORT: Continuation .TYPE OF CASE: Prostitution IBR STATUS: Cleared Arrest/Adult CASE MGMT STATUS CHANGE: 3. Adult entertainer dance club, open for business. 5. On 05/26/94 at about 1415 hrs. I entered the Deja Vu Club, located at 15011 Pacific Hwy. S. for the purpose of ascertaining if any criminal violations would occur in my presence. I entered the club through the front door. I was contacted by a male employee who was responsible for taking the cover charge from patrons. I know this male employee from previous contacts coming into the club and he asked me how I had been and he was happy to see me. I told him I had been fine and at the same time I gave him a $20.00 bill for the cover charge. He then gave me three $5.00 bills in change and an admission ticket. He then said, "have a great time man". I thanked him and entered the lounge area of the club. As soon as I entered the lounge area I was contacted by a dancer I know as "Shayla" from previous contacts in the club. She took me by the arm and said, "how have ya been?", she then sat down with me at a table that was three tables in from the front door and five tables from the south east exit. There were three chairs at this table and "Shayla" sat down in the middle chair and I sat in the chair that was to the left. At this time the waitress I know as Misty Dawn, from previous contacts in the club, brought me my drink, a "Coke", and.I paid her with two $5.00 bills. PAGE 1 One for the drink and one for a tip. "Shayla" said that she had heard I had a , date with "Kelly" set up and that I had missed it. I said, "yeah, not that I wanted to but I got arrested in Kent". She said, "oh no, you're kidding". I then gave her a brief run down on my arrest and what had happened at the jail. At - this time "Shayla" told me that she was sorry that she had missed our two dates, but she really wanted to get together for sex. I told her we would do that some time soon. She then told me that she and "Kelly" are really good • together so if I wanted to get together for some great sex let her know. At this time "Kelly" and "Samantha" came over to the table and sat down next to me on my left. "Kelly", later identified as Neal, said, ""Samantha" told me what happened to you". I said, "I know, and I'm sorry I couldn't make it". The three of us began talking and at this time "Shayla", bent over and whispered into my ear, "don't forget what I told you", and then she got up and left. At this time I asked Neal if Lee had talked to her about tomorrow, Friday 05/27794, and she said yes. I asked her what she thought about it and she said she thought it would be nice. I then asked Neal how much we would be talking about money wise. Neal.said, "I charge $400.00 an hour like we talked about last time". I did not ask Lee about the cost because she had told me yesterday. We all talked a little more then Lee said, "well, I got to go see that guy over there", and pointed toward a patron who was sitting a few tables away from us. Lee then got up and left us. I then said to Neal, "well, why don't we go over to the couch and we can talk", and she said, "yeah, that would be a good idea". Neal said, "let's go some place dark", and then led the way toward the north side of the club. She then led me to the couch area directly in the middle of the north wall. Neal was wearing a red bra and panty outfit that appeared to have a lace material with a lacy frill piece around the panties. She was also wearing black high-heels with a 3 to 4 inch heel. Her hair was blond and extended just below her shoulders. We sat down and she stood in front of me and said, "do you want this one?". I said, "sure this would be good". She said, "I haven't forgot what you like", and at this time she climbed up onto the couch putting her legs on either side of my legs and sat down on my lap. At this time she reached up with her hands and pulled the cups of her bra down exposing her nipples. She then leaned forward and began rubbing her nipples on my face. She then moved slightly to her right and put her left nipple into my mouth and at the same time she put her left hand behind my head and pushed my head forward while pushing her nipple into my mouth. She did this for a few seconds then took her nipple out of my mouth and moved to her left now putting her right nipple into my mouth while pushing on the back of my head with her right hand. Neal did this for about 20 seconds alternating this action. PAGE 2 • 3/g • • She then leaned back and while her nipples were exposed she squeezed her breasts together and then leaned forward attempting to put both nipples in my mouth at the same time. She did this for a few seconds then leaned back covering her nipples with her bra. She then raised up onto her knees then raised up further to the point that her breasts were now above my head. She then pulled the bra cups down exposing her nipples End laid her breasts on top of my head. She then put her hands behind my head and squeezed my head forward into her stomach then released my head and began sliding down my • body. As she did she let her naked breasts slide over my head and down the front of my face until they were in the area of my mouth. She then began squeezing the back of my head and pushing forward with her nipples pushing them firmly against my face and mouth. She continued to rub my face with her nipples and putting them in my mouth for the remainder of the song. At the end of the song she backed away from me and covered her nipples with her bra. She then sat next to me on my left. • Shortly after Neal sat next to me we were joined by Lee who sat on the right • of me. At this time we confirmed the time of 4:00 pm on Friday at the Double • Tree Suites. I said to both of them, "I've got one request if I may", and they both looked at me and asked, "what". I said, "well, I kind of like stockings", they both looked relieved and said, "no problem, what color do you like?", I said, "I don't really care, red, pink, I don't know". At about the same time Neal said, "how about I wear black and "Sam" can wear red", I said, "yeah that'll work". At about this time Lee said she had to go again to see another customer and then left. Neal said, "let's go over there", and pointed toward the couch on the north west wall next to the dancer's changing room. We got up and moved to that couch. At this time I asked Neal, "so, should I bring protection for the sex or what". Neal said immediately, "yes, be sure to". She then said, "the only thing is "Samantha" may not feel comfortable having sex in front of a girlfriend". I said, "so, what's the deal?". Neal said, "well, you and I will do it but when "Sam" and I are up there we will strip for you and probably rub each other then rub you down real good", and then she said, "I'm not sure what "Sam" will want to do from there, we'll have to see". At this time Neal asked if I would like another dance and I agreed to it. At this time she climb over my lap and sat down on my lap. She moved her buttocks forward and backward for a few seconds then reached up with her hands and pulled both cups of her bra down exposing her nipples. She then began squeezing her naked breasts together then she leaned forward releasing her breasts and putting her left nipple into my face. She then moved her left nipple around my face and then put her nipple against my mouth. PAGE 3 .3/9 She put her hands behind my head and pushed forward while leaning firmly into my mouth with her nipple. She did this for about 5 to 10 seconds then moved over to the right nipple doing the same movement as with the left nipple. She alternated between the left and right nipple for about one minute. She then • raised up putting her naked breasts on the top of my head and began sliding down my body moving her breasts from side to side on my head and then onto my face. She then moved her left nipple onto my mouth and took a hold of her - left breast and pushed forward putting her nipple into my mouth. She did this for a few seconds then backed away from me and began squeezing her breasts together for a few seconds then leaned forward putting both nipples against my face and mouth at the same time. She left both nipples against my face and mouth for the remainder of the song. At the song's conclusion she leaned back and covered her nipples with her bra. She then slid off my lap to my left and sat back down next to me on my left. At this time I told her I had to be getting to work and I said to Neal, "so I'll need to bring protection for us anyway?", and Neal said, "yes, and I'll talk to "Sam" and see if she is going to wait or do it with us or maybe be with you after we're done". I said, "Ok", and at this time Lee came over to where we were at and Neal asked her if she knew where the Double Tree Suites were at. Lee said, "yeah, that's the big hotel across from the mall, right?", I said, "yeah, that's the one". I told them that I would meet them in the lobby and they said they would be there. Lee then left again and I said to Neal, "how much did I owe you now I lost count". Neal said, "pay me what you want to". I said, "does $104.00 sound right?", and Neal said, "you don't have to pay me that much if you don't want to". I told her, "I like to make good on my debts". I then paid her with five $20.00 bills and four one dollar bills. I then got up to leave and Neal gave me a hug and I then left the club and returned to the station. Once at the station I obtained the Special Operations Deja Vu license book. I looked through the book and located both Neal and Lee in the book. I positively identified both Neal and Lee from their pictures and stage names, as well as from previous contacts with both of them in the club. There is no doubt in this detectives mind that Neal was in fact the dancer "Kelly", who had just danced for me and made a meeting with me for sexual intercourse at the Double Tree Suites at 1600 hrs. on Friday 05/27/94. There is no doubt in my mind that the purpose for Neal touching me was for the purpose of arousing or exciting this patron's sexual desires and interests. • PAGE 4 • 3W I prepared a report for this case and forwarded it to Sgt. McOmber for filing. Refer to investigation cases, A-090, and A-100 for previous conversations with both Neal and Lee. • PAGE 5 Det. Dave Mckenzie 5T34 Approved_ > , . . 4- i°" 14L1 , '9V/\ ..... . . . _ 141.4:046 EQ- ✓ Lntertain.r 'tanager. 3 Name: '.J J. t, , '•t;'.i , a.,-,r i v G, �) . Stage names: 1 /, W. I I J ' tl 11' 4N �Y S G fiQt STt !IC' DOB ' 1''': V Distinguishing marks L ., NERL1 KtvM1l)Crt B. License KE.LLY I12- .69 322- 1 y ' • - L-P: ) Li : Co, oeits4 isallo 1/ Entertainer Manager • Name: £ /.. /_ , L '. .' I / ;. Stage names: !: , , , ,:.? ! -' 'I' i Ar R/S_ ll I ' Hgt Wgt DOB ,.. Distinguishing marks : �, ,.LI �, Ato A-,z.•! L }= Y, License f t--7 ,323 , _ 1************************************************************* TUKWILA POLICE DEPARTMENT . CASE REPOPA 4-04592 ************************************************************* CASE: 94-04592 DATE: May 27, 1994 . TYPE OF REPORT: Continuation TYPE OF CASE: Prostitution IBR STATUS: Cleared Arrest/Adult CASE MGMT STATUS CHANGE: 3. Hotel open for business. 5. On 05/27/94 at about 1400 hrs. I met with Lt. Westby, Sgt. McOmber, Detectives Olson, Hayden, Lincoln, Corrigan, Bales and Linda Cohen to discuss the arrest of Neal and Lee for the acts of prostitution they had agreed to on the previous day, 05/26/94. Neal and Lee agreed to meet me at the Double Tree Suites in Tukwila at about 1600 hrs. on Friday, 05/27/94. I was to meet both Neal and Lee in the lobby of the hotel;and we were to then go to a room. On 05/26/94 Neal agreed to have "straight sex" with me for $400.00 an hour. On 05/25/94 Lee agreed to be naked and rub me down real good all over for$250.00 a half hour. Later in room #1313 Lee specifically agreed to masturbate me. Lt. Westby arranged for an arrest team and back-up officers to be put in place at the Double Tree Suites prior to the arrival of Neal and Lee. Lt. Westby directed that a three man arrest team would be placed in an adjoining room with access to the target room #1313 through the adjoining room door. He also directed plain clothes back-up officers to be placed in different locations in and around the hotel. Lt. Westby also instructed me to give Neal and Lee each a rose flower and a "Thank you" card each, containing $400.00 in cash for Neal and $250.00 cash for Lee which was the money amount agreed to previously by each suspect. Prior to the money being placed in the cards they were photocopied by Sgt. McOmber. I obtained the flowers and the cards. I wrote in the cards, "I've been looking forward to tonight" and signed it with my false name "D. Weston". I placed the cards in their envelopes, along with the money and sealed them. PAGE 1 . 32-1 • . J • At about 1500 hrs. the arrest team, back-up officers, and I went to the Double Tree Suites and deployed for the arrest. I was to use room #1313 and I was given the key to this room. The arrest team was in the adjoining room, #1314. The door that adjoined the two rooms from the inside was set up so the locks did not work and the arrest team could • easily enter. I was to use an agent alert pager, that I had placed in my overnight bag, when it was time for the arrest team to enter. The lobby area was filmed from a camera set up by Detective Hayden on an upper floor out of sight. At 1540 hrs. I took the two flowers and two cards containing the money and went to the lobby as I had previously agreed to meet with Neal and Lee there. At about 1600 hrs. Neal and Lee approached the lobby from the west entrance of the hotel. At this time I got up off the couch and met them in the lobby near the front desk. They both said hello to me and I returned the hello. At this time I said, "I'm really glad you showed up, these are for you", and handed them the flowers. They seemed surprised and thanked me. I said, "I don't know if I'm suppose to do this or not. I'm new to this so I hope you like • the flowers". They both said they liked them and we walked to the elevator. We got on the elevator and I-pushed the button for the third floor. During this time both Neal and Lee were telling me about their night and how they hate to miss sleep and so on. We got off the elevator on the third floor and turned right out of the elevator. We walked around the walkway to room #1313 which is on the south west side of the hotel on the third floor. I opened the door with my key and said, "I didn't order the champagne yet because I didn't know if you'd show, so maybe we'll order it in a minute". I sat down on the couch on the west side of the room and Neal sat in a chair on the east side of the room to my left. Lee sat in a chair on the east side of the room too and to my right. Prior to sitting down I had given them their cards which upon sitting down they both opened and counted the money inside both saying "this is very sweet". Both then placed the cards, still containing the money, on the table. At this time Lee said, "well, how do you want to do this, do you want just one of us to dance at a time or both or what?". While looking directly at Lee I said, "well, I'm kind • of nervous and I was just wondering what do I get for this price, does this involve you masturbating me?". With out hesitation Lee said, "well yeah", and Neal looked at her and said, "it's just a dance", then looked at me and said, "it's just a dance". I then said, "OK, I'm just new at this and I'm nervous". At this time Lee said, "no problem, we're a little nervous too", she then said, "well, I have.to go to the bathroom and I'll change", and got up and headed for the bathroom. I got up too and was following her into the bedroom area where my bag containing the agent alert pager.was. Lee stopped about half the way there, turned and said to me, "it's just that we have to be careful because a lot of the girls in Federal Way have been getting busted so, you know". Page 2 32n I told her I understood completely. Neal had followed us in too and said, "since it's our first time with you we just want to be careful in race you're a cop or something, the next time will be a lot more comfortable". I said that I understood again. At this time Lee went into the bathroom, Neal re-took her seat, and I filled a glass with water and while drinking from that glass I reached into my travel bag and set off the agent alert pager. • Seconds later, the arrest team entered the room through the door adjoining the lwo rooms and one of the officers advised Neal we were the police and she was under arrest. I heard Neal say, "I thought you were". At the same time another officer opened the bathroom door where Lee was at and told her he was the police and that she was under arrest and then told her he would close the door until she was finished and for her to then come out which she said she would. The arrest team then took custody of Neal and Lee. I recovered the flowers, cards and the money from the table that the suspects had placed • them on and took the items to the station to be placed into evidence. Once at the station I entered the flowers, cards, and the money that I had given to Neal and Lee into evidence (E-2811/E-2812/E-2813). Photo copies were made of all items listed except the flowers. Citations #91335 and #91336 were issued to Neal for Prostitution. Citation #91337 was issued to Lee for Prostitution. I prepared a report for this case and forwarded it to T.M.C. for filing. Refer to investigation cases,.A-090, A-100, and A-103 for previous conversations with both suspects. • Det. Dave McKenzie 5T34 Approved_ PAGE 3 3211) • j CASE NUMBER: 94-04592 DATE: 05-27-94 ' TYPE OF REPORT: Follow-up TYPE OF CASE: Prostitution IBR CLEARANCE: CLEARED, ARREST/ADULTS After Lee agreed to a taped interview, I sat down with City Prosecutor Cohen and formulated a series of questions, similar to those I asked of Lee during my first interview. These questions are attached with this case. Before the taped interview, .I reviewed each question with Lee. She said she understood all the questions and that she did not have any objection to any of the questions which would be asked of her. I escorted Lee to an office within the department in which the interview could take place. These surroundings were more comfortable and the interview could be conducted without interruption. I asked Lee if she objected to having Attorney Cohen present during this interview, Lee did not mind. I asked Lee if she was comfortable in the office and she replied she was. The video camera was set up in the office and a small micro cassette tape recorder was also placed in front of Lee for this interview. The first part of the taped interview has been transcribed. The transcription is attached. There was a problem with the micro cassette recorder which prevented the entire interview from being taped. The following are some of the answers to the remaining questions which were asked: - Couch dance prices. Lee begins to explain the price for couch dances. The minimum dance on the couch is $22.00. Two dollars goes to the house and the dancer gets to keep the rest of the money. Lee explained that the rent is $70 .00 a day. She explained that quite a few dancers, including herself, are behind on back rent. These dancers owe the club money for rent that has not been paid. Lee went on to explain that the managers receive a large bonus for the number of .couch dances which are preformed during a shift. The more couch dances, the greater the bonus for the manager. Lee said that managers are always pushing the dancers to give more couch dances. - Sexual activities. Lee explained that several dancers allow patrons to perform oral sex during couch dances. Lee described it as patrons "eating out the dancer" . She said that there is alot .of rubbing and grinding, sexual contact, which goes on 1 /b3 1. . r• between dancer and patron. Lee told of a dancer named Joy who was observed allowing a patron to insert his fingers into her anus. This occurred inside the VIP Lounge. - Lee stated she was not aware of other dancers dating outside the club. Lee thought that it might go on but she was not sure. Lee stated she had not danced outside the club while she worked for Deja Vu. Lee : said she had danced before, for bachelor parties and other events while she was employed for • another company. Lee was not aware if her friend Kim ever danced outside the club for any patrons. • - Lee explained-that she really liked Dave. Dave was nicer than the other patrons. Lee explained that other patrons tried to touch her and rub her legs and buttocks. Dave never did. Dave ' was nice and never tried to grab her legs or her buttocks. Lee explained she did not• like this type of behavior. After awhile, Lee stated she did expose her breasts to Dave and let him suck them while she straddled and ground on his lap. - Lee stated she did agree to meet with Dave at the Doubletree Suites. She said that she was going to go with Kim. Lee stated she knew that Kim really liked Dave. Lee told Dave that she had done threesomes before and had done that sort of thing with Kim. Lee said she was only making this story up. Lee said she had never done anything like this before. Lee also stated that she charged $250.00 for each half hour. Lee said she made this up, too. She said she was not sure how much to charge and that she was going to talk with. Kim to establish a price., - Lee said that both her and Kim talked about what they were going to do when they got to the Suites. She said they were going to dance and that they talked about rubbing each other. Lee said that they both agreed to get naked and that they would do a two girl routine for Dave. Lee said that they had not intended to have sex with him. Once inside the room, Lee said that Dave asked to be masturbated. Lee said she agreed and then Kim emphasized that they were only going to dance. Kim began to explain to Lee that they had to be careful because other girls had been arrested down in Federal Way for having sex with men. Lee said that she did agree and said that she would have also masturbated herself. Lee again stated that she felt very comfortable with Dave. Lee said she had never done anything like this before and that she and Kim were just going to play it by ear. Lee said that Kim did not want to have sex. - The remaining questions focused on the Deja Vu club and significant persons within the organization. Lee said that John Forbes owned the Deja Vu business. Lee said that her friend Kim use to date Forbes. Lee said that Forbes was not a nice person and has threatened dancers before. She said that 2 Igo dancers have disappeared after making Forbes mad. I asked if these dancers ever showed up elsewhere. Lee said the girls just disappeared. Lee began to become upset. Lee stated that she knew that Deja Vu was connected with the mafia. She said that this made alot of the girls extremely nervous and scared. This upset Lee some more. Lee was familiar with Jack Burns. She aid she knew he was the attorney for the club. Lee went on to state that she did not like Burns and that very few of the girls liked him. She said Burns was always mean to the girls. Lee said _ that if she had ever been cited for a dancer violation that she could tell her manager and that Burns would take care of it in court. Lee was not familiar with Raj Baines, Burns":' assistant. At the completion of this interview, Lee said she would testify to court concerning the activities of the Deja Vu club and to what we had just talked about. The interview ended. A review of my material showed that the video portion of the interview was complete. However, the audio portion to this tape did not record. Again, only half of the cassette tape was complete. Lee was given her belongings and was released from the department. She was transported back to her vehicle which had been parked and locked at the Suites. A duplicate copy of the micro cassette was made in order for a • transcription. Also returned with the transcription was a computer disk with a copy of the transcription on the disk. These items were entered into evidence. No further information at this time. • Det. M. T. Hayden Approval: McOmber 3 lgs _ t . 1. • • Tukwila Police Department Page 9 Statement of Hanna Mary-Montgomery Lee Case No. 94-4592 LEE Well, I think she was pretty wasted on the days that she worked. HAYDEN Wasted? LEE She was drunk. HAYDEN Okay. LEE She seemed to be pretty much an alcoholic. . And, because she smells like it, stumbles around, alcoholic ,cJvr�c� r � .�A, �.•., not just saying about her breath. And she'll go up to customers and start, like, kissing on them, you know, grabbing their heads, giving them kisses. But I don't know if those are her customers or not, so -- but, still, you're not supposed to do that anyway. . I don't go around kissing customers. HAYDEN Have you ever watched her dance, table dances or couch dances? LEE I've never really honestly watched her in particular. I know that she's pretty nasty, I mean, obvious. HAYDEN You mentioned a dancer, Joy, and an incident1you had witnessed there. Can you describe that incident for me? LEE A waitress was really upset because she was upset that she had to go back into the VIP Room because Joy was getting her anus -- she had pulled her outfit aside from the behind and have the gentleman's finger up her anus and the waitress was really upset and told Sonja, and Sonja didn't do anything about it. HAYDEN Sonja being? LEE My manager. HAYDEN Okay. Was there something you attempted to do or other dancers attempted to do or other dancers attempted to do to curb this behavior, or another employee of the club attempted to curb this behavior? LEE When girls are back in the VIP you can get a bit, more than likely you can get away with just about, I mean, if other girls see you doing things like that, they will talk among themselves and agree that there's, /7(0 1 Tukwila Police Department Page 10 Statement of Hanna Mary-Montgomery Lee Case No. 94-4592 that's it, you know. More than likely they won't last for very long. The girls will be very cruel to an individual and make sure that they leave. Except the girls that have been there for years. Most of the girls that I worked with that have been there for years, they're gone by now because you've all given them tickets and they're mostly in Federal Way by now. HAYDEN You say the girls can be cruel and try and get this person out of the club. (voices overlapping) HAYDEN Because it was competition or they don't condone the activity or is this gal making more money by allowing this to happen? LEE Number one, like, when a girl's undercharging, a lot of things like that, you know, if the guy's paying $20 and being able to do whatever he wants with a girl in the VIP, the other girls will take -7zt7-/..0-n 7xk.•-c «...,v A/.a..cv�; HAYDEN Are most of the girls up there fairly nasty? A lot of -- LEE You could take- - -7 .t/ G„c` . . . You have to be. You can't be a clean dancer; you're not going to make any money. There's no way. It's not like it was, like I said, two years ago when I started dancing there. HAYDEN Now is that as a result of the management? Or who allows it to go on? LEE I think when I started dancing we had a manager that was pretty strict and she would never have allowed, I mean, you slide down, like a customer sitting on the couch and you'd slide down his arm, or grind on him really hard, and the other girls would just look at you like, oh, my gosh, what are you doing? You know, what do you think you're doing? When I first started working, you know, the nastiest, grossest dancers were the ones without looks, okay, were the ones that had to do stuff like that in order to make money. Now, it's if you don't do that, because everybody'.s doing it, you're not going to make any money, so you might as well quit. /99 • • , , • Tukwila Police Department Page 11 Statement of Hanna Mary-Montgomery Lee Case No. 94-4592 HAYDEN Is there any fear among the dancers, are they ever worried about the police ever being there undercover? LEE Oh, yeah, all the time. HAYDEN It doesn't seem to deter, though, this type of activity? Is there -- LEE I think that, you know, there's, you get away with it so often. Well, lately, for a long time they were scared because of the two rapes that happened. And then, I don't know, um, and you guys were giving out a lot of tickets back then, but I haven't heard of anybody getting a ticket for a long time. First thing I felt, and I don't know if I 'm just, I hear about it every now and then, but you don't hear about -- it used to be if you worked at Tukwila Airport Club, you're going to get a ticket no matter what because just touching patrons, because we're bound to lose anyway, because if you read our contract that we have, it's totally legal what we're doing compared to what, legally, is okayed. HAYDEN What is it that your contract states? I mean, how does it differ from the ordinance, the City ordinance? LEE They'll say something on our contract and then they'll say something else. But, if you do this, it'll be okay. HAYDEN Can be specific about what it is? LEE Okay, we're not supposed to touch our couch dances. But when I was beginning to dance, I learned that you had to sit over them, which I didn't do that for a long time, I felt really, really, really uncomfortable. I did table dances, and I HAYDEN We touched a little bit on, at the beginning of this conversation we talked about other activities in the club. In particular, drug usage LEE There's a lot of drugs, yeah. HAYDEN What types of drugs have you heard or seen that are going on in the club? LEE People smoke pot on a regular basis in our dressing ' rooms. Girls drink. There's not as many girls that drink. There are still the ones that are alcoholics I , Tukwila Police Department Page 12 ` r Statement of Hanna Mary-Montgomery Lee Case No.. ,94-4592 and drink every single day, but they're not as many, I guess, or they're not all running around. , At night shift, when I was working nights in September, it was really bad because they had such a crystal meth problems and they're impossible to get to use the restroom. So if you're about to be on stage and you had to go potty, there's no way. I mean, because it would take forever. I never watched anybody, but I know what they're doing when they're in there for ten minutes with a group of three or four people, you know? And I know it's - crystal meth because they offered it to me a couple times. I've never used cocaine myself, or crystal meth, though. HAYDEN Do you remember. who it was that offered it to you? LEE I think it was more like ,rf r pr' 0 do you want to do some, too? It wasn't like, it was more like a group of people. HAYDEN GE .c.--/ offer type? LEE Yeah. And I've noticed, well, I haven't worked that late for a while, so I don't honestly know, but it's like late-night shift any more. HAYDEN You mentioned that one of the managers, the day manager up there, Sonja -- LEE She smokes pot, and she allows a lot of things, like, there's a girl in our club that I know that she does crystal meth and coke and stuff, and she comes and goes whenever she pleases and nobody else has that right. And I know that she buys pot for girls in the club because they talk about it. • HAYDEN Any girls that you know that sell pot to her? LEE Champagne. HAYDEN Okay. LEE Maria. HAYDEN When they're in the dressing room area, or the bathroom area, there's lockers in that area. The lockers are unlocked? = 179 • Tukwila Police Department Page 13 - Statement of Hanna Mary-Montgomery Lee Case No. 94-4592 LEE Most of the time. Well, the shift that I primarily work, it's usually unlocked because everyone trusts one another. I mean, we've all been working -- every now and then there's a new girl, but day shift is pretty steady. Most girls have known each other for at least a year by now. Those people don't steal. You know, you'll get one or two girls that come from other clubs that just kind of freak out at first, don't know anybody, keep their stuff locked, and realize within a month. I've worked there for two years; I've never got anything stolen out of my locker. I don't have anything, but the minimum that I would bring with me to work has never been stolen. HAYDEN Are the lockers ever checked by managers or employees? LEE We just went through a remodel, a remodeling, and when they did that they removed all the lockers and opened them all up. And there was one incident where Sonja was curious because a dancer had ran in and ran out of the club and snuck behind her back and she knew it, so she came in and she said, Okay, I'm going to open every locker until I find your alcohol. And then I have watched them do that, but iti's kinda hard to -- HAYDEN When Sonja is smoking her pot, does she just go back with the other dancers? LEE No, I've never seen her do it with the other girls, but her office door is locked a lot. HAYDEN When you started the club, you say about two years ago coming up here in August, you mentioned that you had noticed a change -- I shouldn't say you had noticed a change, but you had noticed how dancers were dancing particularly more nasty, as you put it, than what you were accustomed, or how you had started. You mentioned that you had gone up to talk to Sonja concerning this. LEE Yes. HAYDEN What comments did she have to you concerning your questions about the nasty dance style? Ai,p►ag LEE Well, we had a dancer at our club th .owm -- and this is why she got upset with me -- that went to Federal Way because of me because I told her basically that her 1ga I , Tukwila Police Department Page 14 jj Statement of Hanna Mary-Montgomery Lee Case No. 94-4592 undercharging hurts everybody and the way that she dances was hurting. Sherry was really nasty and a lot of girls were scared of her, because she claimed that she was a ,dsc,ack ..Tbut she respected what I had to say because I was always honest. And so one day I just, you know, she asked me, and I just, what I thought of her, and I just said, you know, you're raunchy in this club. It's disgusting, it hurts money for me and for many other people because, you know, I've had guys come in here and get dances from me and they get dances from you, and you're, you know, a thousand times more nastier than me, they'll never want a dance again from me once they've, you know, gotten away with whatever they wanted with you. And that really upset her, and I think it's just because I was honest, and she went to Federal Way. HAYDEN What did Sonja say, though, when you approached her about this, these dancers? LEE Sonja got really angry with me because, in fact, she confronted me on this because Sherry had, like, Sherry had so many regular customers and had been dancing for so many years, that she had like 40 dances a day, and that's a big bonus for my manager, so, I was, like, a very average dancer, you know, I got like 10. 7 T,L.F- _ .4 like 10 dances a day, up and down. HAYDEN Did she ask you to approach her with any more problems or did she just after that? LEE Well, no. Um, I'm sorry, I just HAYDEN That's okay, take your time. LEE So basically when I said something about there's another girl that was on our floor and she was flashing her breasts, and it was just annoying me because this girl had huge breasts and she was flashing them, and she wasn't just flashing them, she had her outfit off and the guys were like touching her boobs, touching her crotch, and she was on, like, the main, you know how that middle, the middle -- anyway, the -- (voices overlapping) HAYDEN Next to the VIP lounge? Iv 1 _ r • Tukwila Police Department Page 15 Statement of Hanna Mary-Montgomery Lee Case No. 94-4592 LEE Yeah, but, no, she wasn't back there. She was on the middle couch where everybody in the whole Olub could see her. HAYDEN Oh, okay. LEE So, not many -- everybody could see this. . So once she • • got done with one guy and he saw how cheap it was, they all wanted it, every single person. And I 'm sitting with a customer of mine, and it really upset me because she was undercharging, number one, and number two, just being disgusting and nobody's doing anything. It wasn't like she was turned, facing this guy. She was turning around, wobbling around. So I went in the office and I complained, and I mean, zv�„c,c/you know, after what happened with Sherry, I 'm surprised you'd even open your mouth. You know, you should just keep your, you know, mind your own business, is basically what I got out of it. So that's what I did. HAYDEN You mentioned once every three month there's meetings with a regional manager named Andy? LEE Well, Andy did do one meeting. He is the new regional manager. Tony Kennedy was previously our regional manager, and he is no longer with Deja .Vu, and that's when, I mean, he told everybody just to mellow out on the drug use. For a while, they started checking our bags when we came into work, so they could make sure that no girls were bringing in bottles of alcohol or drugs or anything. HAYDEN Whose responsibility was that, to check the bags? LEE It was the door guy, the guy who -- and I don't know when they stopped that. I think that either too many girls got upset with it, didn't like it, and felt invaded, their privacy invaded. I mean, I remember once I even got .ia44-=9 77 because it's like, you guys know I don't drink or do anything in here, you know, here's my cigarettes if you want to check through these, but, so it did get, you know, frustrating. HAYDEN Describe the couch dance prices. You touched on it a little bit, that the prices had changed from 12, what it used to be when you started. igz .1 ! CASE NUMBER: 94-0459.' • DATE: 05-27-9.1 • TYPE OF REPORT: Follow-up. . TYPE OF CASE: Prostitution r^ CE: CLEARED, ARREST/ADULTS • •IBR CLEARANCE: . After Lee agreed to a taped interview, I sat down with City • ose= Cohen_ and formulated a series of questions, similar to those I asked of Lee during' my first interview. These questions are attached with thi s case. Before the taped interview, I reviewed each question with Lee. She said she understood all the-a_ue ti0ns and that she . did not hav alvesbort�d Lee tojection'. to anv of the an office within ons the which would be asked of her. These department in . which the . interview could take place.could be ' surroundings were more comfortable and the asked Lee ifterview she objected to conducted without interruption. having Attorney Cohen present comfortableg this int the e iz; office and she mind. I asked Lee if replied she was. The 'video camera was set up' in the ' office office and cf Lee for this a small micro o t cassette tape recorder was also placed in interview. The first part of the taped intervtie , has been mt answith -ihed. The transcription is attached. There Pr icro cassette recorder which prevented the }� entire terview from being taped. The following are ef swe?s to the remaining • questions which were asked: - Couch dance prices . Lee begins to explain the price for couch dances. The minimum dance on the couch hto keyis 2p the.rewo dollars goes to the house and. the dancer gets the rent is $70 .00 a day. She ..a., are of the money. Lee explained ,- including herself, explained that quite a few dancers, inc_ufor behind on back rent . These dancers owe theb e plain money that rent nt that has not been paid. Lee went onc managers receive a large bonus for the number of couch dances during a shift. The more couch dances, the which are preformed Lee greater the bonus for the manager. said 'that managers are always pushing the dancers to give more couch dances . Sexual activities . Lee explained that several Lee described allow . patrons to perform oral sex during couch dances . • it as patrons "eating cut the dancer" . She said that there is alof of rubbing and grin.:ling, sexual contact, which goes on 1 (. • 1,t:t1Jt..'o1! dam'.,'(' .1:Id E.':1 .!'•?!1 1 �ji ' � in:: : hJ :• ' S�j ., {:.1L; OZ':r��L1-Va:'! ..11 1.�1W Ll1.1 al (J,l( !t � ,�'I1' I.Jllrl'Ja: • . This occur rod i nsido .L'.� • anus . . L,- i . go on but she was not • dating outside, r Loe stated .she was not aware of other dancers • the club. Lee thought that it might Lee stated she had not danced outside the club while she work a Vu • Lee said she had danced before,.ed for or : worked for �e1' bachelor parties .and owalsrnotnaware while if her friend Rim ever another company. Lee patrons.danced outside the club for any p explained t • hat she really liked Dave. Dave nicer than • - Lee P at_ ns. Lee explained that other patrons thu .hther p . and buttocks. Dave r1�vei• d.� d. . Dave touch her and rub her legsgrab her legs or her buttocks. Lee was nice and never tried to o` behavior. After explained she did not like this type himawhi suckbreastso, them. while she straddled e Doubletree - Lee stated she did agree to meet with Dave w at R�. th • Lee stated Suites. She said that she was going told Dave that shee she knew that Kiln really liked Dave. Lee done threesomes before and had done that sort of thing had only making this story up• Lee said waslike this before. Lee also stated with Kim. Lee said she thin Lee said os se made thath hadh neverca done anythingLee to dhar charge add she charged $250 .00 A°wasp.^.othaureh 'hour.T" this up, too.. She said she Kim to establish a price. that she was going to talk with talic_d about what they were Lee saidt dorz both theyher and ni each other• Moira to when got to the „Suites. She said tney were gogoing and that they talked about rubbing and that they Lee to dance reed to get nakedtheyhey Lee said that the✓ both agreed that two girl routine for Dave . Lee ee nsaade te room, Leehad not would do a ,- t_ �= Lee agreed not intended to have sex with him. said that Dave asked to be mastu_bWted. Oi1 saididg sheo ore_ • and then Rim emphasized that they to be Careful that they had Kim began to explair. to Lee down :r. Federal Way for had been arrested agree and said that becauseavigother with e-. that she did age t • men . LeeLeeagain stated that said shei" sex had, ntvat she felt have alsoom masturbated Dave . Lee saidshe r itsst she felt very comfortable �. Kim we_a -�' likethis ' before and that she and Ki• done .anything � going o play it by ear. Lea said that Kim did not want to t have sex. club and ` ,uectior.c focused on t.ee+ i Vu said that gn remaining s that organization .,.a +- persons within the o_ , her Johnif o rag not a Lee said friend Forbes owned the Forbes . Lee said that-eo bes She wasad thata Kim use to date rice person aria has threatened dancers before . 7`c • I6. (!.racers have: 'disappeared at'ti:I making F )L'l:c::1 mil . f ,r:cfic 1.! if • Chose dancers ever• showed up elsewher�- Li.:C :,..rip! the girls ,o • t.a tucl ttrcr t - just. disappcare4. Lee began Le become upset . Leo :.. _ , - she knew that Deja Vu was connected with the mafia . She said that this made alot of the girls extremely nervous and scared. This upset Lee some more. . Lee was familiar with Jack Burns . She said she knew he was the attorney for the club. Lee. went or. to state that she did not like Burns and that very .few of the girls liked him. She said Burns was always mean .to the girls . Lee said that if she had ever been cited for a dance: violation. that she couCedutell- hert. ee was.Wotr afamiliar d that urns with oR3� take care of it in Baines, Burns' assistant. • At the completion, of this interview, Leeesaid' sreuwoulb d testifyat t court concerning the activities of the D had just talked about. The interview ended . A review of .my material showed that the deo tot thisn of tape the • interview was complete. However, the audio portion not record. Again, only half of the cassette tape was complete. Lee was given her belongings and wv by le which eased from the had beendparkedeaT:d She was transported back to her locked at the Suites. A duplicate copy of the micro cassette was made in order for a transcription. Also returned with the transcription was a computer disk with a copy of the transcription on the disk. These items were entered into evidence. No further information at this time. Det. M. T. Hayden. Approval: McOmber 3 • • . • :. .. • • ' . . .. . . . -•. .. . . . . • • .: 'r: •: . . . • • • . - . . 20 • - . . .. .. " . ...,. • .... . , . :: • . -:'• •:-: i. . . , : i s• _ CASE . . 7 • • • NUMBER 9s-— 002.80 - ti,Tukwila Police Department Offense Code 1 (Offense/Incident Literal) 0 -- Attempt • NCIDENT REPORT FORM 4 E.,-/-44-4-r.1:yuLt- V i or op-t-ici-ri /iiComplete • *, . ) ined Date Reported Time Offense Code2 ' 0 Attempt .....-- - ' • _ /Soo — . — . 0 Complete • Location Offense Code 3 3 0 Attempt oil pAi. 1-4...._(./ co . -- °Compete Detrict of Occurrence RDA Disclosure? Occurred Date Occurred Time Dispo(A-Z) Status How Received • --1-- "5- 27 0 rgres Ma a/-o4-(15- I 50 V" A- A 04 A 'a A GENERAL IBR INFORMATION(required on all criminal Incidents) -•!': Location Type Offense Related to: -- I CLEARANCE TYPE: ritgA-Arrest Adult Bias Motivation? Domestic V12401103? Child Abuse? 0 Alcohol 0 Computer ON-Not Applicable DI AJ-Arrest Juv 0 Yjs(specify code): , Ililit' s 0 Yes . • 171 60 0 Drugs ck185 t Aplicable 0 Exceptional(specify code): a.'•No(88) >44° .. NJ Criminal Activity Weapons Used? Caliber. ../0.0.,/, Length: • ,.......041-MESE ITEMS 4 I Units Entered EntlY Meth; Tools Lsef 141Pren.Security _. c iYee(ePecifY cede): — Gauge:. Gripe/Finish: FOR BURGLARY --- _.... .,_. _ A 5.No (90) REPORTS ONLY "I • NARRAT : . • S i.,tj.e e--/- V- I)14- te at S"'"Vil Il 0/Of r 0i4" 0 I- C001.at“ e"li- (-TAT e- ii--- %6 - 070) LA;la- DA s•-i e.K5 / P- 40"ort l'seti• 4 P INA i el a/0--41-a S n_e__(..e_ e-r/vt.e_ . . • C i'-tei-ri ci.. 1 Co ierip.14-uce 44,d r-e_r t..i dr-ott CIA Lei'•ei T41. C- • • • SOLVABILITY Nbl Suspect arrested ID 04 Suspect can be D'd " 0 07 Witness to crime ' 0 10 Significant MO present • FACTORS: 0 02 Suspect named• 0 05 Suspect described 0 08 Crime scene processed 0 11 Useful physical evidence • 0 03 Suspect can be located 0 06 Suspect veh described 0 09 Sblen property traceable 012 Related/similar incidents • INV. 0 Victim 0 Complainant 12eOffender VICTIM 0 Individual 0 Government 0 Other I PCN(Process Control Number) CODES 0 Witness 0 Registered owner 0 OwNer TYPE 0 Business 0 Religious 0 Unknown Offender Involvement Only 0 Suspect 0 Driver 0 kissing Person _ CODES 0 Financial Institution 0 Soc/Public 0 Police Ofc. No. Stmt. 0 Yes Name(last,first,middle)ev,2 i ; r.1 0 air Race pA Sex 1 DOB/Age Range taken? .• I JE2 4o /I. lei P o v-/u•-73 -. -A,-L , to" ) it Address iCaY State ' Zip Some Place o Employment \if, 7 8 ES A/E 4447 .5-r. 4 -7--/0 2- Alerelchen I/4-)4 9 So Sro 2-ze-V7S- b-eja - VLA , ork Phone OLN State SOC lID SID FBI )zyis-1127+ P4Miv/4-11)271!)-37n L . %39-oki -053-7 _- .— --7- Height Weight I Hair Eyes Ethnicity Residency Charge(s)ancUor Citation No. Flag Custody Arrest T Jail Booking NO; Jail ..of:5 12,3 ezal 0 6„.„ r_r_.42 V.0 I. 5-f :4-A^d- i. Co"dut.-+ coo/IT / AI Status s 1 4) At S __. _4 Alias Names/ben' thing r g 11.4/63 i ) r St.r.1 PV10-..r. ' . • INV. 0 Victim 0 Complainant 0 Offender VICTIM 0 Individual 0 Government °Other I PCN(Process Control Number) CODES 0 Witness 0 Registered owner 0 OwNer TYPE 0 Business 0 Religious 0 Unknown I Offender Involvement Only 0 Suspect 0 Driver 0 kissing Person CODES 0 Financial Institution 0 Soo/Public 0 Police Ofc. Na ' stint 0 Yes Name Oast first,middle) Race Sex DOB/Age Range taken? 0 No - Street Address Cityi State Zip Ime Phone Place o Employment Work Phone State SOC i SID ' FBI Height Weight r Eyes Ethnicity 1 -Res. Charge(s)and/or Citation No. Flag Custody Arrest T Jail Boolang No Jail be: A 2 Status A A Alias Namestidentifiers/Cbthing • . VEHICLE INFORMATION • • 1,) 'uspiect hi Us.No. . tic.State Veh.Yr. Vehicle Make Veh.Model Veh Trot Color ..._ . ..Description , Investigating Officer Badge No. Supervisor • . De 6.,,L a..-- • 1 i STS 3 b 44 • . . IO ,. Rev 11,92 .., ....... . .„., ,. . . _. • • TUKWILA POLICE CASE: 95-00280 DATE: 01-09-95 TYPE OF REPORT: Entertainer/Dancer Violation TYPE OF CASE: Continuation CASE MANAGEMENT STATUS: 0- Closed, Filed Misdemeanor 3. Deja Vu 15011 Pacific Hwy. South, Tukwila Wa. Adult entertainment club, open for business. 5. On 01-09-95 at approx. 1500 hrs. I entered the Deja Vu club for the purpose of determining in any adult entertainer violations would occur in my presence. I entered the club through the front door and was met there by a tall W/F/A employee wearing a white satin type shirt and black skirt with blond hair to her shoulders. She appeared to be approx. 21 to 25 YOA. I also noted the D.J. was a W/M/A approx. 25 YOA with dark hair in a pony tail. He also wore a white or light colored shirt and dark pants. I provided the female employee a $5 bill for the cover charge, and was provided a paper ticket, red in color. I then moved into the club and took a seat on the couch located on the South wall, approx. in the middle. I noted no other persons seated in the area of the south wall..I noted approx. 5 other patrons, all white males, in the club besides myself. It appeared that there were approx.4 dancers either seated or moving about in the club. In addition to the employees as described above, I also noted another employee, a W/M/A,thin in build, approx. 25 YOA with light hair also dressed in a white shirt and dark pants. I was approached then by a waitress, a W/F/A approx. 25 YOA with long shoulder length hair with a medium to heavy build wearing a white tux type shirt and a black skirt with heels. I ordered a coffee and requested some popcorn as well. At this time a dancer the D.J. identified as 'Teri'took the stage to dance. She was a dark haired W/F/A with a medium to heavy build. The waitress returned with my coffee and popcorn. I paid her with a $5.00 bill After approx. a minute, my attention was drawn to my left towards the shower area. The tall slender male employee was exclaiming "oh c'mon man, not here" or words to that effect. In looking in his direction I noted in the shower/lounge area located on the Det. R. DeGroot 5T53 1 'i9 • west wall of the club a B/M/A visible to me from the stall style door which the male „..) employee was holding open. It was apparent that the B/M/A's pants were down, and as I watched, .he pulled them up while seated, then stood, tucked in his shirt and came out into the general club area, sitting on the west couches. As he was exiting I noted a W/F/A with dark shoulder length hair and a dark complexion, approx. 5-07 115 lbs, wearing .a white or light biking style outfit and high heels also exit the shower area. The W/M/A employee who had alerted my attention spoke briefly to her, she laughed then rejoined the B/M/A customer on the couch briefly, then move off. While the employee had seemed concerned regards whatever behavior had occurred in the shower area, he did not seem angry at either the dancer or the customer. I was then approached by a tall W/F/A dancer in a white lace lingerie outfit with thigh high stockings and high heels. She was approx. 5-08 and 118 lbs with shoulder length loose curly blond hair. I noted that she had a gold hoop earring in each ear, and a gold chain around her neck with a single stone, possibly green in color. She leaned over to me and asked me if I wanted a dance. I stated "well, I might. Whats your • name?" She stated "Summer", or a similar name. I asked what a couch dance would cost, and she stated "$22.00." I had noted clearly posted on the wall of the club and on table tents on each table the price of dances, which listed couch dances as $12.00. I stated, "20?" and she smiled and replied, "no, $22.00, but it is a two for one couch dance" I then agreed to the dance. The music then began for the first of my two dances. I did not recognize the song. As 'Summer' began to dance, I also noted through the material of her outfit that her navel was also pierced. She began the dance by leaning in close to me and massaging her left breast and nipple with her left hand through the material of her outfit. She then did the same with her right breast and hand, then reached into her outfit and manipulated her nipples directly. She leaned in with her chest close to me face and brought her left breast very close to my face as she nearly exposed the nipple. She then ceased rubbing her breast and reached out and rubbed my chest through my shirt, concentrating on my right nipple. She then stood and faced away from me, then seated herself in my lap, then began rubbing and grinding her buttocks into my groin area simulating or mimicking a sex act. This continued for approx. 25 to 30 seconds. She then turned around to face me, and standing straddled me, bringing her abdomen and crotch area very close to my face while pulling up on the crotch of her lingerie outfit. At about this time the first song ended and the next began. As the second song began 'Summer' began to dance in a similar fashion. The second dance was in most respects identical to the first. She again brought her breasts very close to my face as she pushed them together, manipulating her nipples through her outfit. She also again turned to face away from my and again sat in my lap and ground her pelvis and crotch area into my groin, for a more extended period during the secondc.dance. She also turned to face me and moving down my body rubbed her chest/breast area against my crotch. As the second song ended I thanked her for the Det. R. DeGroot 5T53 2 • 18� ti . r dance, and provided her a $20 and a $5.00 bill, telling her to keep the change. I had also noted during her dances that 'Summer' had a roll of bills in her right hand. She sat briefly on my left and made small talk for less than a minute before moving off. I then stayed seated and finished my coffee. During this time a dancer by the name of 'shawndra' was on stage. I spoke briefly with the waitress again, who insisted on providing me another 1/2 cup of coffee. During this time I was approached by another - dancer, a W/F/A tall with short brown hair who asked if I wanted a dance, however • I declined. I then finished my coffee and proceeded from the club. • I immediately returned to the Office and attempted to identify 'Summer' from the 1995 Deja Vu license book. Initially I was unable to locate 'Summer', though I did note the dancer I had declined. I then checked the unassigned license investigation file in Sgt.McOmbers Office, and in that stack I found Hamm, Tiffany Dawn DOB 04-14- 73. From the pictures included with Hamms license applications I was positively able to identify 'Summer' as Hamm. There is absolutely no doubt in my mind that 'Summer' is in fact Hamm, and that the reason for Hamm touching me was for the purpose of exciting and/or arousing sexual interests. I completed citation #0001351 for Violation of Standards of Conduct which was forwarded to the City Attorneys Office for filing. • Det. R. DeGroot 5T53 3 . �gq E s��'""�w City Of Tukwila ADULT ENTERTAINMENT CABARET •�`�, s MANAGER/ENTERTAINER 5 trAi e = 6200 Southcenter Boulevard . � , • •�+-� Tukwila, Washington 981882544 LICENSE APPLICATION I-eos (206)433-1800 Tukwila Municipal Code 5.56 For. 0 Manager Kl Entertainer 0 Featured Entertainer c. . Annual License Fee: $75.00', Application 0 Incomplete application packages will not be accepted. • :.:.. Instructions 0 Application must be in the individual's name,signed by the applicant,and notarized. ® Applicant must present photo ID(photocopy and retain with application). Acceptable ID iteit . . a. Driver's license from any U.S.state with photo and signature. . .. . b. -Washington State issued Identification card with photo and signature. • ..._a___ © Police Department shall photograph applicant(retain with application). Police Initials 0 Upon application for new license,temporary license will be issued valid for not more than 30 days,or until the • earlier of issuance of a license or notice of non-issuance. • Applicant • Full Name Home Phone Information '\\cs.0. V,)'(1 \IGC(1`M -1.i-i Home Street Address l 1,1c 1 L+vt a City/State �Z1p !- ♦h ST 1 V2 Social Securitv No. Place of Birth D\b-r^ J` _J^ -%pf �rl� 0-0 . D •ate of Birt134 _ 1 L, -13 All Stage N es/NicimameesUUseedbyApplicant Premise Business Name Business Phone Information _.3L. 533,.\(-A\, a1-i S —\` -'-] Adult entertainment Business Address whichbaret /5-01( 7 ,- !, • L_ • /� -,_" applicant worts • Gti[i�j Jf fl ri oil / I hereby certify, under penalty of perjury,that the Information Signature of applicant Date furnished by me on this application is true; it Is understood that any ,--• / false statement may result In denial or revocation of my license. . \ \ \c."1� - • • NOTARY . ' Per TMC 5S6.0 (3),have you ever been convicted under any State of Washington of the following Revised Code of Washington chapters or of County of King - similar crimes In this or any other Jurisdiction?If answer to any of these is'Yes',provide Information on back of this form. - I certify that I know or have satis ctory evidence that RCW 9A.44-Sexual Offenses 0 Yes ISI.No RCW 9A.64-Family Offenses 0 Yes No �� �'''` RCW 9A.88-Indecent Exposure 0 Yes No is the person who appeared before me and said person acknowledged that RCW 9A.42-Criminal Mistreatment 0 Yes ' allo • he/she signed this instrument and acknowledged it to be his/her free and RCW 9.68-Obscenity/Pornography 0 Yes Nj2tNo voluntary act for the uses and purposes menti ned the instrument. RCW 9.68a-Sexual Exploit✓children 0 Yes o ,„issviftltllei,, Dated: 1 !S • Any other convictions ❑Yes ►-• o `t �N R.HA,••,, APPROVALS • my handed cial seal: �.`"�,Q '`5LONE•tg:�eGt �, Mayor's Office Approved? 0 Yes 0 No a` •��� : = Si ature by((nit) Date: tt�1 PUBLIC La. T h.ntl 1. Q h 6 11 Police Dept Approved? 0 Yes 0 No •,•?),:.tq,a,I .,s0$' Name as com iissione •.• <% ••...••• C, .• by(init.); Date: #,,OF WAS %O's C"1't s, wj r-L— •assostst Tide I Planning Dept Approved? 0 Yes 0 No • My appointment expires: ��r/9k, by(Init.): Date: • .: n:::..:.: .:::ii::.:'.:.i..::.?}i::..v.:.:....:...:::... is i.i::..::.. "::.:'.:::':i..::::'.'.:..:ii:.�i:tii4•.w:: ii::ni:iii:y:i.isr:::•:::..:.i:::Liii?i:.iiiii:i:i�:iii . . ..... ... .. -• Oun•. "t::;::ti:,-:::,:j::j:^:�i$iC:j!}i:i:j:v iii:�ji:�v'iii>i::{::�li::�.t� :t} :;f�:;iii;l�i?iii�iv�{�:�v:. Date lrcatron ::::;::;::..>';;:>::<>:;:»;: :<>:<::<:'>::.><::-:::<:�;;<.::;:;;::>::x::.»<s:>;><:. Am .:..... ... .:. ....:: ........ .. 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L].Check or.Money Order No..:.::.::.:' • ".�..::.'.:....:.....:.:.,;.;:;�::;. .Nu . ..,.:...: ...:.:::.:......:....... .... .::.::...::..:. ::.::.;..;;<.;::::»::.>: DateIssued " :.. .,:.:. : ..:: ; ..:. . . ::::::::.:::.:;:;:lit.:.. ....::<.::.:::::.::.;;:.. m. . u bet N i• ._.... . • . .• ',.. . • . , . ,. • . . , . . • • • • • • • • • • • • • . . . . • • • • • . • • • . —-----'•—--' . •• .4..-......,,.,:t.;-, . 3:31. Ai/ 1 i • } •- ,.1.f.4,44La ,• • 1 . . :•__Irw,' • •• •71;.:-..,..,:s••••,:.., " ..;.-.;.:. 2.:• -- -. .'.,4,14:.'...s.. 3 . • ; . . -, .•• --..lc:• _ . . I ' • •i . , 4 , . .... • . . ...tr . — .., . •; ,,, . . . • •;'•.:•:.,T1:-...:-•: . . •' ...,?,.€•.!*,•'. - - ••„•••i,e;',•:;•:,t:.,*•A:• • ..••. " •• • ','' •- -...::',C.Y:".';•,1:,i, •i',.., ''.0°,..:. .'',...;":•:1-.':'':',." • • . '••,;..'..!!;;.'.;',1 rk•:.;',,,, . i.., 1.1' • , • ..• . . • ....-:'-,?,,,. .i.1 ir. ;:i t •-•.,..,:. .:: ; ,.... . L.. ,4....ci•...••.0-•,:...:; •:•••,';,. ...• .,_,.•--; .....i ,,....;.,k4t .:•••‘trtlitte.<47.11:1'.i 41:•!' :•.t,t.l'iill,....-'' ••••,.. 4.4 ....... . . ' . -.•:::,.,..:::: . ' . , .. . • .• -.. • • .....-. ' . ' . ....,,.. . ... • . . • .::::::'.•::::.• . • ; _ • s• iri•-...,..k!......Aa--f-r-..,- ... ..-.,%.,4,,,,..., --,•_-..;.:;_a:,:sti,-;,.-4..,:.:T.,72sr.. ...frri2; - -.....: .. # DRIVER'S i "` . 'a AS1lhIVN ..... L''I C E N S E `Syr:. NUM '• I EXPIRES _M.. •, CU. tip}••. • : • H• AMM*TD270JM '',' 9$� 3512E16 r' ... .I • R:z Ir r a { 1 HAMM,TIFFANY DAWN 10801 108TH AVE SW *7 � °f • •I . 1 TACOMA - WA 98498 . ••••••,;.: .'EX BIRTHOATE-• HEIGHT. ISSUE DATE �J •-:5"1 �� •.tc -�I; 3 •F 1 °14l'� 5-08 1123 1GRN 1121692 =`' `' 1 ORGAN DONOR :1�;'+c'? . • •t • • • • • • • • / 1 2 .. . . . . • • • JCL 11219z? TO; rUKE0 -WA0172300„OLNSHA:Xl*TD270jri 0 /5:59-04-',557 11-21-? 1 RSTRICTIONS; AAPTifTIFF(ITY1, DO,L2./' -14 WAHINGTUN RLVD SW tt8 EYE/GRN:FIGT/5-0WGT/123 W;) 7.349S -TL : ISS/12-16-97 EXPP::4-14-96 DUI/PC 00 YH 00 CDLzSTATUSz NONE SII.".TUS', CLEAR RECK 0-3 VA • • ' • • 03 • • • • • 21 . • • • • 1 • • ruce G'. . d r-o,N- - - �— r ray Cti;'' y ti� �� • • % . - E ' - City of Tukwila John W.Rants,Mayor rf� Q; •DEEP\ i i Oa : :` !''1 Police Department Ron Waldner, Chief of Police ei.t• 1908 June 14, 1995 Rhonda McCormack President. Deja Vu Lynnwood, Inc. Post Office Box 2602 Seattle, Washington 98111 Dear Ms. McCormack: • Thank you for your letter dated June 2, 1995. As your attorney correctly informed you, the numerous prostitution arrests-.and subsequent convictions arose in early 1994 out of acts committed within the Deja Vu Club in Tukwila. As I am sure you would agree, given the frequency and volume of these charges and the certainty that numerous other crimes were committed during times when undercover officers were not present, significant changes are in f order at the Tukwila Deja Vu Club. We appreciate your stated interest in helping to ensure compliance with the law and suggest • that you implement the following measures as soon as possible: 1. Require a four foot separation between an entertainer and a patron during private performances (what are now referred to as "table" or "couch" dances") and limit private performances to performance areas no-larger than, and immediately in front of, each of the two stages currently in the Club. • - Due to the extra light shining on this area from the'stage and the reduced floor area to monitor, you and your managers will easily be able to detect criminal activity and ensure that appropriate action is taken. The entertainer's ability to perform will not be diminished in any manner. • 2. Within this private performance area, require that entertainers stay at least four feet away from patrons during the private entertainment. In order to avoid any confusion on the part of entertainers or patrons, affix to or paint on the floor brightly colored two-inch . wide strips,•at least four.feet in length, with one end beginning directly under each patron seat provided in this private performance area. t • \ : Rhonda McCormack Page 2 June 14, 1995 • Again, this simple change will help you and your managers to quickly determine whether criminal acts are occurring, and to take corrective action, without diminishing the entertainer's performance at all. 3. Increase the current level of lighting to a level sufficient to detect violations in all areas of the Club, but especially in the newly created private performance areas. As above, the extra light emanating from the stage makes it extremely important to locate the private performance areas as nearly as possible to the stages. 4. Remove all interior walls within the Club, except those necessary to delineate restrooms, a manager's office, a dressing room for the entertainers, and any other areas necessary for the business operations of the Club. This, too, is a simple modification that will significantly impact the ability of entertainers to commit prostitution and other crimes within the Deja Vu Club. • 5. Ensure that at least two licensed managers are on the premises at all times, and that at least one of them has an unobstructed view of all private performance areas at all times. As you know, under the terms of our)ordinance: owners, those who "control the business decisions" of the Club, and the managers are ultimately responsible for criminal acts that occur on the premises. This ultimate responsibility can lead not only to criminal prosecution against owners and management, but also a suspension of the Club's.license to operate. Please advise us of any other substantive changes in management, training, company policy or your prior means of doing business that will effectively halt.or abate these criminal practices. In my opinion, a mere "reshuffling" does not meet your statutory obligations and the standards set out in RCW 9A.88.090. Continued failure to affirmatively remedy the pattern of criminal activity occurring inside of your establishment could result in criminal • charges filed against you and others who control or own the Deja Vu establishment. A review of manager license applications on file with the City Clerk for 1994 and 1995 determined three new managers were licensed in August 1994 (Gary Hoffman, Calvin Chadwick, and Michael Able) but that only Chadwick and Able are licensed for 1995. More significantly, however, we note that three managers (Jerry Shackles, Sonja Goadsby, and William Justice) are licensed for 1995 who were also licensed in early 1994 during the period that the prostitution and other criminal law violations were so frequently committed, and often in the presence of one or more of these three managers. _ J Rhonda McCormack Page 3 June 14, 1995 Again, thank you for your interest in complying with the law. We look forward to Deja Vu's early compliance with the recommendations contained in paragraphs one through five above. Please contact Lt. Craig Westby or me directly if you have any questions or would like to meet in person to discuss this further. S' 1 , al ner Chief of Police . RGW/cc/mm cc: Roger Forbes Jack Burns Deja Vu Managers L Sc-e 6 J"cr- -' • • 1� ` °' �. �� y� City of Tukwila John W.Rants,Mayor , .9 Jai \� Z ,, , 4���. Police Department Ron Waldner, Chief of Police 1908 • May 19, 1995 Via Registered Mail Deja Vu Lynnwood, Inc. P.O. Box 2602 Seattle, WA 98111 Dear Sir or Madam: During the period of July 13, 1994 through May 18, 1995, a total of 67 convictions for prostitution were entered in the Tukwila Municipal Court. All of these convictions arose from acts committed within the Deja Vu Club located at 15011 Pacific Highway South in the City. of Tukwila. You are a person who has possession or control over these premises. Under RCW 9A.88.090, a person is guilty of permitting prostitution if, having possession or control of a premises which he knows is being used for prostitution purposes, he fails without lawful excuse to make reasonable effort to halt or abate such use. Permitting prostitution is a misdemeanor., By receipt of this letter, you are now on notice that prostitution is occurring at the Deja Vu club. In order to avoid prosecution under RCW 9A.88.090, you must take reasonable steps to halt further prostitution activity. Lt. Craig Westby is available at the Tukwila Police Department to discuss this issue at your request. • Sincerely, PO ICED ARTMENT R.G. Waldner Chief of Police . RW/cc cc: Jack Burns Linda Cohen . - (.. Mayor Rants _ may. John McFarland . • • • • • • - - �' • •. • - . • is • is • :. yy • • P.! !i . . . . . t.• • • • • • • SENDER:- :.-r: • I • Complete items 1 And/or 2 for additional services. - ....ail to receive the . / .. • . ::•. : • ..® • Complete Items 3,and 4a&b. following services (for an extra m I • - .....i. :.••;.::• ..',:: , E • Print your name andaddress on the nvru of this form so that we can fee): e • co return this card to you. • ••,� I ® • Attach this form to the front of the mallplace,or on the back If epecs 1. ❑Addressee's Address s !- does not pemdt. H ; 1 K " -:•: • Write 'Return Receipt Requested"on the meilpleca below the article number. E. /, i '�:' ' . •' • The Return Receipt will show to whom the article was delivered end the date 2. 0 Restricted Delivery o i r. a °" ;.c delivered. Consult postmaster for fee. to ' • { • .'• I o 3. Article Addressed to: 4a. Article Number - ,, '>;;;`' 1 DEJA YU LYNNWOOD, INC. 4b. Service Type o . : :: , E PO BOX 2602 egistered ❑ Insured °C • %; 1 SEATTLE, WA8111 •'r'` co `' ❑ ertified ❑ COD c l i lr>'• W 0Express Mail ❑ Return Receipt for c ; • ;•;: •I Pr r,:-'= ;''::a,.,•,. h %.. Merchandise I• 4- Xi;� :, ;#`; r:;;�.:;; '`'• ' 4,.•'' • '. 7. Date of Delivery •� jY :, {�Y 1..::: +.y j'ti �•;tI'J. Pig '- ' •7:i. , ' . • L ;. MAY 2 2 1995 i • ',:-•.' 'I.• .12 6. Signature(Addressee)• ;- - 8. Addressee's Address(Only if requested Y - . . .f • : ,;; 1;+,;::;:: ,: :�;' and fee is paid) c ; . .• • .. •,. l,• 6. Signe a' ) • �•: ' PS Form 1 ,December 1991 ,ws.a _ ,:.�s2-7t4 DOMESTIC RETURN RECEIPT ' 4: ' ' J Deja Vu Lynnwood,Inc. P.O.Box 2602 Seattle,Wa.98111 R.G.Waldner Chief of Police,City of Tukwila 6200 S. uthcenter Blvd. Tukwila,Wa.98188 - : Re:Deja Vu/Tukwila June 2, 1995 Dear Chief Waldner: This letter is in reply to yours of May 19, 1995,advising Deja Vu Lynnwood,Inc.of certain convictions of entertainers performing at the Deja Vu Club in the City of Tukwila. In that letter,you indicated that in • order to avoid prosecution under RCW 9A.88.090,club management must take reasonable steps to halt further prostitution activity. We have been advised by our attorney that the prostitution arrests resulted from oral agreements by entertainers to engage in sexual activity in return for a fee. Beginning as early as August,1994,there was a significant reshuffling of onsite management personnel in an effort to cure the problems that may have existed during your undercover investigation. In order to continue our efforts to ensure compliance with the law,I would appreciate it if you would let me know any additional specific steps that you deem appropriate that would aid or help in discouraging offers or agreements of the sort that occurred during the 1994 investigation. • Once we have your specific recommendations before,we will contract Lt.Craig Westby to discuss their implementation if they are not clear or otherwise need explanation. Very truly yours, Rhonda McCormack President,Deja Vu Lynnwood,Inc. ,„ I ` ; oI ' z'' City of Tukwila John W.Rants,Mayor r , at IX . 0 IX #4% 2= Police Department Ron Waldner, Chief of Police •,--i...--"% " 190E May 19, 1995 Via Registered Mail Rhonda McCormack 2341 Eastlake. Avenue East Seattle, WA 98102 Dear Ms. McCormack: �: During the period of July 13, 1994 through May 18, 1995, a total of 67 convictions for prostitution were entered in the Tukwila Municipal Court. All of these convictions arose from acts committed within the Deja Vu Club located at 15011 Pacific Highway South in the City of Tukwila. You are a person who has possession or control over these premises. Under RCW 9A.88.090, a person is guilty of permitting prostitution if, having possession or control of a premises which he knows is being used for prostitution purposes, he fails without lawful excuse to make reasonable effort to halt or abate such use. Permitting prostitution is a misdemeanor. By receipt of this letter, you are now on notice that prostitution is occurring at the Deja Vu club. In order to avoid prosecution under RCW 9A.88.090, you must take reasonable steps to halt further prostitution activity. Lt. Craig Westby is available at the Tukwila Police Department to discuss this issue -- at your request. Sincerely, • OL D ARTMENT . / Ge///( R.G. Waldner Chief of Police RW/cc cc: Jack Burns Linda Cohen Mayor Rants John McFarland 1 • • • • • t 1• ,• • ' r' • taa alp 10 1 -'.,-, ••1 adolanua• to dol Taro a ,. __.::,._,. . .. I, • . • • ., o SENDER: , SE DE I "`3 I also wish to receive the • • Complete items 1 end/or 2 for additional services. ;.i'• • Complete Items 3,and 4a&b. .• • •' .. ':;.-. following services (for an extra 0 ; •• {� 7 • Print your name and address on the reverse of this form so that we can fee). �i' ® return this card to you.. • • !.' ® • Attoch this form to the front of the mell$ece,or on the beck If space 1. ❑Addressee's Address y %- S; . does not pertnIt., .,"., • Writs'Return Receipt Requested"on the malipiece below the article number. 2. ❑ Restricted Delivery ® I. • The Return Receipt will show to whom the article was delivered and the date •.:fi 5 delivered. Consult postmaster for fee. ® i 4 3 3. Article Addressed to: 4a. Article Number_ • • • / Z 3$S 0,6 Lfp3 � ;•;s, a �vicrli4A' /.. 'C�(--/+'IA CI"\ 4b Service Type >' E `� ' rt( Registered 0 Insured 't' 18 01 .A S .a 2 ue _ co •: • • :;rfl N " �"' {L ::;, ertified ❑ COD • S :: i W S• - 4 •C C g;t ❑ Express Mail ❑ Return Receipt for �; oC Merchandise `o • y i, ;its,; ,;; . . .2 I ;i C 31;.'s;' u. Y :;i;;.:;. 7. Date of Delivery • :� MAY f i f '. : i z 5. Signature(Addressee�4' '• ' :r; ' ' .`'' : 8. Addressee's Address(Only if requested. f� • E ••,„...AA,,;;,,;;:,,�, .- •'r ,• '•• :i.> 4,13,and fee is. paid) a :;,, ¢ 8. Sign�I�tlil/./gent). /�/-s/�`—' . .,., .. ii U 6 C/ r '`AI ) PS-Form 3811, ecember 1991 +tu.s.GPO:1KG DOMESTIC RETURN RECEIPT �1� 1 ' .• •I • • ' • , • • •• li . . . 22 • . • • • • MEMORANDUM TO: Linda Cohen FROM: Sgt. McOmber . DATE: July 5, 1995 SUBJECT: Deja Vu- Worst Cases Attached are copies of the "worst" cases from our Deja Vu operation last year. These cases were selected by Det. McKenzie and Det. Hayden and should be valuable at the Council meeting. Dennis ,1 wa3 23 July 12, 1995 -Tukwila, Washington a. Sheryl L. Barthlow was charged with one count of adult entertainer violation for an act occurring within the Deja Vu Club between February and June, 1994. On May 5, 1995, Sheryl L. Barthlow pled guilty to one count.. b. Virginia M. Bird was charged with one count of adult entertainer violation for an act occurring within the Deja Vu Club between February and June, 1994. On May 5, 1995, the charge was dismissed. c. Leah N. Brent was charged with one count of adult entertainer violation for an act occurring within the Deja Vu Club between February and June, 1994. On May 5, 1995, the charge was dismissed. d. Shara G. Brink was charged with nine counts of adult entertainer violations, and one count of prostitution, for acts occurring within the Deja Vu Club between February and June, 1994. On May 5, 1995, Shara G. Brink pled guilty to ten counts. e. Casandra F. Coutcher was charged with eight counts of adult entertainer violations, and one count of prostitution, for acts occurring within the Deja Vu Club between February and June, 1994. On May 5, 1995, Casandra F. Coutcher pled guilty to nine counts. f. Lea A. Croteau was charged with three counts of adult entertainer violations,' and one count of prostitution, for acts occurring within the Deja Vu Club between February and June, 1994. On May 5, 1995, Leah A. Croteau pled guilty to four counts. g. Marla J. Dunn was charged with ten counts of adult entertainer violations, and two counts of prostitution, for acts occurring within the Deja Vu Club between February and June, 1994 . On May 5, 1995, Marla J. Dunn pled guilty to twelve counts.. h. Dawn French was charged with 12 counts of adult entertainer violations, and four counts of prostitution, for acts occurring within the Deja Vu Club between February and June, 1994. On May 5, 1995,. Dawn French pled guilty to 16 counts. i. Helen Haddix was charged with four counts of adult • entertainer violations for acts occurring within the Deja Vu Club between February and June, 1994. On May 5, 1995, Helena Haddix pled guilty to four counts. j . Tiffany D. Hamm was charged with •one count of adult • entertainer violations for an act occurring within the Deja Vu l r .. Club between February and June, 1994. On May 5, 1995, Tiffany D. -Hamm pled guilty to one count. k. Monique A. Harris was charged with six counts of adult entertainer violations, and one count of prostitution, for acts - , occurring within the Deja Vu Club between February and June, 1994. On May 5, 1995, Monique A. Harris pled guilty to seven counts. 1. Juliet Hatch was charged with 14 counts of adult entertainer violations, and one count of prostitution, for acts occurring within the Deja Vu Club between February and June, 1994. On May 5, 1995, Juliet Hatch pled guilty to 15 counts. m. Fayriel Hickman was charged with 18 counts of adult entertainer violations, and five counts of prostitution, for acts • occurring within the Deja Vu Club between February and June, 1994. On May 5, 1995, Fayriel Hickman pled guilty to 20 counts. The remaining counts. were dismissed as a result of plea negotiation. • n. Angelica M. Hitzeman was charged with four counts of adult entertainer violations, and two counts of prostitution, for acts occurring within the Deja Vu Club between February and June, 1994. On May 5, 1995, Angelica M. Hitzeman pled guilty to six counts. o. Judith L. Johnson was charged with twelve counts of adult entertainer violations, and four counts of prostitution, for acts occurring within the Deja Vu Club between February and June, 1994. On May 5, 1995; Judith L. Johnson pled guilty to 16 counts. p. Patricia L. Johnson was charged with two counts of adult entertainer violations, and one counts of prostitution, for acts occurring within the Deja Vu Club between February and June, 1994. On May 5, 1995, Patricia L. Johnson pled guilty to three counts. q. Julie R. Jump was charged with 13 counts of adult entertainer violations, and one count of prostitution, for acts occurring within the Deja Vu Club between February and June, 1994. On May 5, 1995, Julie R. Jump pled guilty to 14 counts. r. .Gabriell Y. Jurtsuk was charged with 10 counts of adult entertainer violations, and three counts of prostitution, for acts occurring within the Deja Vu Club between February and June, 1994. On May 5, 1995, Gabriell Y. Jurtsuk pled guilty to 13 counts. s. Martha A. Kimble was charged with 14 counts of adult entertainer violations, and two counts of prostitution, for acts occurring within the Deja Vu Club between February and June, 3Z(1> _. - - 1994 . On May 5, 1995, Martha A. Kimble pled guilty to 16 counts. t. Hannah M. Lee was charged with four counts of adult entertainer violations, and two counts of prostitution, for acts occurring within the Deja Vu Club between March - May, 1994 . On July 13, 1994, Hannah M. Lee pled guilty to six counts. u. Delilah T. Lehner was charged with eight counts of adult entertainer violations for acts occurring within the Deja Vu Club between February and June, 1994. On May 5, 1995, Delilah T. Lehner pled guilty to eight counts. v. Tannya M. Lewis was charged with six counts of adult entertainer violations, and one count of prostitution, for acts occurring within the Deja Vu Club between February and June, 1994. On May 18, 1995, Tannya M. Lewis pled guilty to seven counts. w. Kelly J. McColley was charged with one count of adult entertainer violation for an act occurring within the Deja Vu Club between February and June, 1994. On May 24, 1995, Kelly J. McColley pled guilty to one count. x. Lani R. Meyers was charged with ten counts of adult entertainer violations, and two counts of prostitution, for acts occurring within the Deja Vu Club between February and June, 1994. On May 5, 1995, Lani R. Meyers pled guilty to five counts. The remaining touns were dismissed as a result of plea negotiation. y. Nicola E. Morrison was charged with 11 counts of adult entertainer violations, and three counts of prostitution, for acts occurring within the Deja Vu Club between February and June, 1994. On May 5, 1995, Nicola E. Morrison pled guilty to 14 counts. z. Kimberly B. Neal was charged with 19 counts of adult entertainer violations, and four counts of prostitution, for acts occurring within the Deja Vu Club between March - May, 1994. On July 20, 1994, Kimberly B. Neal pled guilty to 23 counts. aa. Arvilla J. Niles was charged with 41 counts of adult entertainer violations, and six counts of prostitution, for acts occurring within the Deja Vu Club between February and June, 1994 . On May 5, 1995, Arvilla J. Niles pled guilty to 47 counts. bb. Mary A. Parker was charged with 58 counts of adult entertainer violations, and nine counts of prostitution, for acts occurring within the Deja Vu Club between February and June, 1994. On May 5, 1995, Mary A. Parker pled guilty to 67 counts. cc. Theresa M. Rojas was charged with ten counts of adult entertainer violations, and three counts of prostitution, for acts occurring within the Deja Vu Club between February and June, • 3zq - 1994. -On May 5, 1995, Theresa M. Rojas pled guilty to 13 counts. dd. Suzanne A. Schaeffer was charged with twelve counts of adult entertainer violations, and two counts of prostitution, for acts occurring within the Deja Vu Club between February and June, 1994. On May 5, 1995, Suzanne A. Schaeffer pled guilty to twelve counts. ee. Sandra V. Sebastian was charged with two counts of • adult entertainer violations for acts occurring within the Deja Vu Club between February and June, 1994. On May 5, 1995, Sandra V. Sebastian pled guilty to two counts. ff. Shrounda A. Selivanoff was charged with two counts of adult entertainer violations for acts occurring within the Deja Vu Club between February and June, 1994. On May 18, 1995, Shrounda V. Selivanoff pled guilty to two counts. gg. Shelly S. Stisser was charged with five counts of adult entertainer violations, and one count of prostitution, for acts occurring within the Deja Vu Club between February and June, 1994 . On May 5, 1995, Shelly S. Stisser pled guilty to five counts. The remaining counts were dismissed as a result of plea negotiation. hh. Theresa M. Taylor was charged with two counts of adult entertainer violations for acts occurring within the Deja Vu Club between February and June, 1994. On May 18, 1995, Theresa M. Taylor pled guilty to two counts. ii. Chris N. Weller was charged with 27 counts of adult entertainer violations and nine counts of prostitution, for acts occurring within the Deja Vu Club between November, 1993 - June, 1994. On March 22, 1995, Chris N. Weller pled guilty to 36 counts. jj . Molly A. Whalen was charged with nine counts of adult entertainer violations, and three counts of prostitution, for acts occurring within the Deja Vu Club between February and June, 1994 . On May 5, 1995, Molly A. Whalen pled guilty to 12 counts. • • • • • 330