CLAYTON --A St. Louis County judge on Thursday refused to force a topless Delmar Loop bar to cease operations.
Judge Joseph Walsh III allowed that while a "substantial change" in the type of business occupying 6655 Delmar Boulevard had occurred, the establishment can nonetheless continue to operate under previously issued city permits and licenses.
The club, Social House II, opened its doors for customers last Friday with a female wait staff naked above the waist, their breasts covered in body paint.
Lawyers for the club stipulated Thursday that nipples are covered by pasties during hours when underage patrons are present.
Walsh issued his decision at the conclusion of a free-wheeling hearing that included pithy give-and-take between the bench and Albert Watkins, the attorney representing Social House II owner John Racanelli and his corporate entity, Ramo Inc.
Momentarily waving off pictorial exhibits offered by Watkins to illustrate the state of Social House II undress, the judge confessed, "I told my wife I wasn't going to look at these things."
But in delivering his verdict, Walsh took note of the city liquor license, plus business and occupancy permits issued to Ramo when the corporation opened the Market House Pub at the Delmar Boulevard address in 2010.
He then ruled that those permits, renewed by Ramo every year since, still stand -- despite the Market House Pub's closing in January.
The judge acknowledged that a "deviation" has occurred in the "family-friendly" atmosphere extolled by Ramo in applying for city licenses six years ago. But ultimately, Walsh said, the corporation conducting business at 6655 Delmar Boulevard is one and the same.
"I don't see a change in ownership ...Nothing has changed between 2010 and 2016 except the (doing business under) name," Walsh told lawyers for University City.
Walsh told Watkins that the Social House II environment is likely not in step with "Midwestern sensibilities" or evangelical values. He ruled the club is nonetheless operating within the confines of state decency statutes.
The University City code does not prohibit the operation of nude or partly nude establishments -- a situation the City Council has promised to address.
University City attorney Kathryn Forster said after the hearing that the municipality will seek a permanent injunction to close down the club that has prompted widespread criticism from residents, elected officials and business owners.
Social House II and the city will square off again Friday afternoon when the City Council is set to take action on a resolution passed earlier this week to revoke the bar's liquor license.
Steve Giegerich --314-725-6758
@stevegiegerich on Twitter
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