BROOKHAVEN, Ga. — Three Buford Highway nightclubs are declaring victory.
They are suing the city of Brookhaven, and a judge appears to agree with their side.
11Alive has been following the story for months.
The three clubs – Medusa, Josephine's and XS – are all minority-owned businesses, and their attorneys claim the city is making them pay more to serve alcohol.
The fees the clubs had to pay for the city went from $5,000 to $100,000, and they can't serve liquor on Sundays.
According to Brookhaven law, "entertainment venues" are defined as businesses with a stage, disc jockey or dance floor. Businesses with all those things must pay $100,000 to sell beer and liquor by the drink, so the city claims the three nightclubs fall into this category.
But this is where it gets dicey.
Attorneys for the nightclub say the Pink Pony strip club, has a D.J. and a stage, operates under a different set of rules. It doesn't have to pay the $100,000 fee, and can serve drinks on Sundays.
The three nightclubs say that's not fair – and racist.
The city argues, however, the Pink Pony is under a separate agreement in order to operate as a strip club.
U.S. District Court Judge Thomas Thrash is siding with the nightclubs, right now, saying "The city also allows Pink Pony to serve alcohol until 4 a.m. every day of the week. Other alcohol-licensed venues, however, like the plaintiffs, can only serve alcohol until 2 a.m. and cannot sell alcohol at all on Sundays. There is no rational reason for this selective enforcement."
So, what does this mean?
The nightclubs' lawsuit against the city can go forward, and it means, at least, in the judge's opinion, the Brookhaven law may be unconstitutional.
