Exotic dancers who claim they were held against their will and photographed by San Diego County police officers in a compliance raid can progress making use of their lawsuit, a federal judge ruled this week.
The 24 dancers, that have worked at the Cheetahs or Expose strip clubs, claim the officers violated their constitutional rights during the raids July 15, 2013, and March 6, 2014.
According to the complaint, five to 15 law enforcement officers traveled to the clubs through the early-evening hours and ordered the san diego female strippers into a dressing room, where these folks were told to wait patiently until called, the lawsuit said.
The officers then questioned the dancers, who have been scantily clad, checked their city-issued adult entertainer permits, asked about tattoos or piercings and photographed them.
The lawsuit claims a number of the officers “made arrogant and demeaning comments to the entertainers and ordered those to expose parts of the body so they could ostensibly photograph their tattoos.”
The dancers say the process lasted more than an hour, and whenever several asked should they could leave, police threatened them arrest and stationed officers on the exits, the suit says.
Lawyers for San Diego police asked the judge to dismiss the lawsuit, saying the search and seizure was reasonable as outlined from the city’s permitting law, that enables police inspections of adult entertainment businesses. Police have stated that cataloging tattoos is a straightforward way to identify dancers who regularly change their appearances.
“Submitting photographs and providing identification during reasonable inspections, to protect yourself from losing a permit, is qualitatively distinct from stripping right down to undergarments, huddling in a dressing room for approximately 1 hour, and submitting into a photo shoot that involved the exposure of intimate areas of the body, to avoid arrest,” he wrote.
The judge is likewise allowing the lawsuit to visit forward with a false-imprisonment claim along with a Monell claim, which may hold supervisors accountable for the actions of lower-ranking officers if 70dexmpky can be proven that the behavior was element of a lengthy-standing custom or practice within the Police Department.
Even though the judge agreed together with the city that three raids in just a year don’t amount to a “long-standing” or “widespread” practice, the judge also cited comments by a police spokesman who told the media that such raids were routine.