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Jul. 22, 2008
Copyright © Las Vegas Review-Journal

Libertine Club told to close

Business caters to fetish community

By DAVID KIHARA
REVIEW-JOURNAL

Allen Lichtenstein
Attorney says business was targeted because of type of activity involved




Graphic by Mike Johnson.

A judge ordered a club that caters to Las Vegas' fetish community to close its doors Monday because it doesn't have the proper licenses to operate.

District Judge Valorie Vega ordered the Libertine club to shut down over objections from the club's attorneys, who claimed the club has a First Amendment right to operate and that it didn't have a license because Clark County officials weren't following procedure.

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    • Vega said Monday that the Libertine can't use First Amendment arguments to get around county statutes.

    She also said the club claimed to be one thing, in this case a movie production studio, but in reality the club was used for a different purpose.

    Authorities said the club allows customers to rent rooms and engage in sexual activity there.

    Allen Lichtenstein, who represents the club with Conrad Claus, criticized Vega's ruling and said he would appeal to the Nevada Supreme Court.

    "This judge ruled, rather cavalierly, that the county didn't have to follow the rules," he said. "This is far from over."

    The Libertine, on Pecos Road near Sunset Road, has been open since early February. It advertises a dungeon and bondage studio, various fetish nights and classes in alternative lifestyles. The club also has a boutique that sells condoms, lingerie and adult toys.

    The district attorney's office filed a lawsuit against the club in April claiming that it lacked a business license and was operating as an illegal sex club. County attorneys also argued in court documents that the club's patrons "are encouraged to engage in dangerous sexual practices."

    The Libertine has also drawn fire from a dance studio next door.

    The dance studio's owner, Amber Sorgato, complained to authorities that the Libertine's patrons prance in front of her studio in revealing clothing when young students and their parents are present.

    Robert Warhola, the deputy district attorney prosecuting the club, said the Libertine is an "adult business" and should be on Industrial Road or in another area zoned for adult businesses. That will keep it away from schools and churches, he said.

    "That is not First Amendment protected activity," he said.

    Warhola also accused the club of "playing a corporate shell game." He said the club was formally called IBC but changed its name. The current owner, Edward Hurt, claimed in court papers that he had nothing to do with IBC. But Warhola said Libertine's Web site is run by a company called the Internationalbondageclub.com, or IBC.

    Lichtenstein denied that the club was involved in any shell game. He said the sign above the Libertine is for a company called IBC, but the sign has been there for years.

    Lichtenstein said the club didn't have a license because the county was playing unfairly. He said the Libertine received notice that the county had denied it a business license on June 3, even though the deadline for denying the license came and went in mid-April.

    Lichtenstein said that it appeared that the county was targeting the Libertine because of the type of business it is. He said it was unfair for the county to categorize the Libertine as a sex novelty shop and force it into an area zoned for adult business because it sells condoms, lubricants and vibrators when those items can be bought at many neighborhood stores.

    "If those are things that have to be sold in the adult overlay district, then we better move every Wal-Mart, Kmart and most Smith's and Vons (stores) in town to that area," he said.

    As for the First Amendment, Lichtenstein said the county can't shut a club down merely because it doesn't like what the club teaches. The Libertine provides customers with classes on the bondage and discipline lifestyle, among other things.

    "They talk about the horrors of what the Libertine is advocating. Advocating is pure First Amendment activity," he said.

    Contact reporter David Kihara at dkihara@reviewjournal.com or 702-380-1039.



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    Becky wrote on July 25, 2008 12:28 PM: The Libertine Club is not a sex club.
    I am a member of this club, I have been there many times, and at no time was there any sex involved. The classes and demonstrations are to promote safety and education in the alternative lifestyle. As for the dance school located next door Unless the children and family members are there later in the evening when children under the age of 13 should be home getting ready for bed. They would not know this club exists. To get to the area in the club where novelties are displayed, they would also have to be buzzed in thru security. Every major city in the nation has an alternative lifestyle. The members include, doctors, lawyers, law enforcement officials, accountants, judges, the average moms and dad next door, and most likely a member of your own family. Why not create a business license that will allow a club to operate in this capacity, it could pay taxes as every other business does. As an adult only venue, let it operate as such!!!
    Clark county has topless clubs in every part of town. No one allowed in under 18. Let this be the same!
    At a time when tourism is down, Las Vegas should be encouraging more people to come here. Instead the people that go to these types of clubs, events, and seminars go to Chicago, San Francisco, St.Louis,and New York. Ask Mayor Daley In Chicago how much revenue that the City of Chicago receives from these venues and events.


    D wrote on July 22, 2008 04:34 PM: I hope the club enjoys all of the publicity they are getting out of this. I hope they get all sorts of new business out of it. It's time to let the grown ups play in a safe and socially acceptable way. If you don't like it, don't go! And as far as the licenses go, I have a friend who runs a similar club, and was told he would have to serve chips and dip and be classified as a restaurant, in order to be in business.


    Nancy wrote on July 22, 2008 03:19 PM: Um - while I'm not defending the club and would want to know a lot more about what claims were made in their application, my dear cb - the vibrators are located on the far right aisle in walgreens - the one you have to go down to get to the pharmacy window. The call them massage tools.


    John Hardina wrote on July 22, 2008 10:29 AM: Is this sin city or not? Let's shut everything down and cling to our guns and bibles. I'm SOOOOOO tired of the right-wing laws of corruption. Make up the rules as they go to fit their ways. Move to Utah you morons!!


    cb wrote on July 22, 2008 09:49 AM: Um, excuse me, what aisle in Albertson's, Von's, Smith's are the vibrators located on?" GET REAl, LICHTENSTEIN!


    Dr J wrote on July 22, 2008 09:14 AM: Good! Glad to see the county enforcing the law. And no, they were not paying their fair share of taxes...they lied about the type of business they are running.


    SR wrote on July 22, 2008 05:46 AM: Thats right Nevada, violate more Civil Rights. Close the clubs and Drive the tourist dollars away. Don't come crying to us taxpayers to make up the losses in revenue because some city attorney is trying to get re-elected and has a crab up his bu_tt. Only in Clark County Nevada do you see so much Constitutional and Bill of Rights Violations.

    We keep telling everyone, the cops and judges are not on your side and are over taking the country.

    Nevada is a "Terrorist Police State".

    You want your freedoms yet you allow these clowns to take them away.

    Give the Libertine its Business License and leave them alone. As long as they are paying their taxes like the rest of us then stop harrassing the business's in the valley..