By Brittany Hanson/Garden Grove Journal
A proposed Stanton strip club has won a legal battle over the city of Stanton from the state’s Fourth Division Appellate Court. Now the city must decide whether to continue the legal battle.
The proposed adult cabaret was in contention with the city over claims that the city had conspired with a church to block the adult business from obtaining a business location.
Musa Madain proposed opening the Avalon Show Girls adult cabaret in the 8300 block of Katella Street. Madain went to file his business plans on December 2, 2008.
According to his statements, his proposed plans were not accepted until December 18, 2008, a date after a proposed church, Branches Christian Church had filed their plans.
According to sensitive use ordinances in Stanton, no adult business may be allowed to operate within 300 feet of church, religious organization or an organization for education or recreational use by children.
Madain had alleged that the church’s business plans had been put in line before his in order to prevent his adult business from establishing itself.
In the original lawsuit that was filed, Superior Court Judge David R. Chaffee found that the city and the church were in the right.
However, depending on if the city of Stanton does or does not file petition for rehearing, the previous findings may have to be vacated.
City council member David Shawver said that the court is right now requesting additional paperwork about Madain filing his application, something that Shawver said was never fully completed.
If the city does not file, then the decision from the appellate court will come back to the Superior Court of Orange County. After that, there will also have to be a public hearing on the matter with the city of Stanton as to what will happen next.
Madain has been paying rent on the property in question for past year and will be requesting damages to be paid in addition to the court costs he will be allowed to recover.
“This is going to come from the taxpayers,” said Roger Jon Diamond, Madain’s attorney. “The taxpayers always pay for the city officials’ misconduct. The position of the city [in this matter] has always been stupid . . . and contrary to the interest of the taxpayers.”
Diamond also said that Madain would be willing to forego the damages if the city would give him the business permit. According to Diamond, Madain would not operate his business on Sunday mornings in order to accommodate the churchgoers and their services.
Shawver said that aside from the church already being in place, that Madain’s business would not be able to establish itself because an education center for special education adult students is located right next door.
Shawver said that the Empowered Community Day Program has been at 8381 Katella since 2005.
On top of this, Shawver said that the area in general is high traffic for school children coming from a local high school and elementary school.
“I just don’t see it [Avalon Showgirls] coming to the community,” said Shawver.