PORTLAND — A federal judge ruled today that the owner of a fully-nude strip club in Westbrook did not meet the requirements for a temporary restraining order.

Judge D. Brock Hornby, during a hearing at U.S. District Court, denied a request to reinstate the occupancy permit for Dreamers Cabaret.

The club on Warren Avenue opened Sept. 17 and was closed the next day, after the city’s fire inspector cited code violations related to fire alarms, sprinkler coverage and state construction permits.

12:55 p.m.

PORTLAND — Lawyers representing the owner of a strip club in Westbrook met in federal court this morning to ask a judge for a temporary restraining order and to reinstate its certificate of occupancy.

Larry Ferrante, the owner of Dreamers Cabaret on Warren Avenue, has sued the city of Westbrook and its fire inspector, Charles Jarrett, claiming that city officials violated his constitutional rights when they shut down the club.

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Luke Lirot, a First Amendment attorney based in Clearwater, Fla., who represents Ferrante, argued that because Westbrook doesn’t have an ordinance that regulates nude dancing, and the use of the property as an “indoor recreational facility” is allowed in the city’s industrial zone, that city officials acted hastily when it revoked Ferrante’s occupancy permit.

“Is it deceitful to engage in conduct that exercises your First Amendment rights? Our position is no,” Lirot told Judge D. Brock Hornby, who is presiding over the case.

City Solicitor Bill Dale argued that it’s not a First Amendment case. He told the judge it was a case about code violations.

The full-nudity club on Warren Avenue opened Sept. 17 and was closed the next day, after the city’s fire inspector cited code violations related to fire alarms, sprinkler coverage and state construction permits.

Hornby is expected to make a ruling on the case at 3 p.m. today.


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