Saturday, August 4, 2007

NORFOLK (AP) — A federal judge has ruled that Virginia’s law regulating noisy, lewd and disorderly conduct at bars and restaurants is unconstitutional.

U.S. District Judge Walter D. Kelley Jr. also declared similar state Alcohol and Beverage Control Board regulations unconstitutional. He said Thursday that he would issue an injunction preventing ABC agents from ticketing establishment owners for such violations.

The ABC Board is circulating a revised regulation that seeks to address the judge’s concerns, ABC spokeswoman Beth Straeten said.

The owners of four nightclubs on Virginia Beach’s oceanfront resort strip and two in downtown Norfolk sued the board last month after receiving repeated citations for disorderly and lewd conduct. They said state and city laws were being enforced unevenly and unfairly because Virginia Beach and certain hotels host outdoor music groups and aren’t ticketed.

“I think it’s a huge battle that we’ve won, but we’re still fighting a war at the oceanfront,” said Andy Edwards, owner of Crazy Charlie’s, Chicho’s and Hammerheads in Virginia Beach.

A similar lawsuit against Virginia Beach’s noise ordinance is pending in state court.

Mr. Edwards said three of his employees have upcoming court dates for noise citations. He hopes the federal ruling will help nullify the city ordinance.

Mr. Edwards’ alcohol license for Chicho’s was suspended by the board in 2004 after the restaurant held an event based on the movie “Jackass.” Mr. Edwards said a patron used a stapler on his arm. The bar was cited for disorderly conduct.

Kevin Martingayle, an attorney for the clubs, gave the judge a deposition from an ABC agent who testified that he has never received training or guidance on how to determine what is obscene, disorderly, lewd or immoral.

The agent, Craig Carman, said he bases his definition of lewd on what his 9- and 11-year-old daughters find objectionable.

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