Alaska Employment Law

Judge Timothy Burgess has ruled against most claims asserted against the Municipality of Anchorage by Fantasies on 5th Avenue, including Equal Protection (both state and federal) and 1st Amendment (vagueness and overbreadth).

The award for attorney creativity goes to the club’s claim that the 4-foot “buffer zone” between a nude dancer and a patron (aka the ”No Touch” rule) violates the Takings Clause by rendering that area unusable to the club owner.  Judge Burgess rejected the claim, finding that the 4-foot regulation doesn’t deny the clubowner all economically viable use of the larger property, and furthers the city’s legitimate interest in preventing prostitution and the spread of disease. 

Sands North, Inc. v. City of Anchorage, Alaska, 3:05-cv-256-TMB (D.Alaska Orders of Nov. 15, 2007)(Docket ## 62 and 63).

Ken Jacobus is local counsel for the club.  James Reeves of Dorsey & Whitney, and Thomas McDermott of the Municipal Attorney’s Office represent the Municipality.