‘Prurient’ definition at center of Boobie Rock lawsuit PDF Print E-mail
Thursday, 08 November 2007
ImageBy Sarah Snyder
Staff Writer

It appears for now that District 8 Councilwoman Diane Cibrian and neighbors against the Boobie Rock strip club opening in their area have prevailed. The 150th District Court issued a temporary injunction barring the establishment from taking any further steps in opening, and set a Jan. 7 trial date.

At issue is an amendment to deed restrictions penned in 1995 that prohibits use of the building, the former Hooligan’s Grill and Bar, “for any prurient context.” In addition, a 1996 restriction specifies that other retail uses outside of a restaurant with take-out and alcohol must be “approved in writing by Declarant.”

The plaintiff in the case is EOS Acquisitions, a neighbor to the former Hooligan’s Bar and Grill building where the club plans to open.

According to Black’s Law Dictionary, prurient is “characterized by or arousing inordinate or unusual sexual desire.”

The strip club and its opponents have made several local headlines since a Cibrian press conference in October on Interstate 10 that drew 20 to 25 protesters, some toting homemade picket signs.

“Although we have not reached the end of this battle, it is incredibly encouraging that a judge ruled against Boobie Rock,” Cibrian said. “The verdict was an important triumph for our neighborhoods and businesses.” Petitions abounded and TV news scrambled to Cibrian press conferences as opponents rallied to block the establishment, and the councilwoman has since mobilized residents to call for the Texas Alcohol and Beverage Commission to withhold the bar’s liquor license. More than 500, in turn, contacted the TABC, although one did not have to be a District 8 resident to do so.

Boobie Rock opponents fear that the area, which already has a couple of strip clubs miles from the proposed Boobie Rock, is turning into Stripper Row. They fear for the safety of children, and they say they don’t want something such as a strip club called Boobie Rock characterizing their neighborhood.

Ted Trakas, president of Vance Jackson Neighborhood Inc. is encouraged by the judge’s decision. Trakas said a petition he circulated received immediate support at St. Matthew’s Church.

“We did not have to do a lot of explaining. People just wanted to sign, Trakas said. “I expect a San Antonio jury will have the same kind of response that we saw at St. Matthew. The jury will hear facts, consider the judge’s orders and then find a way to make the right decision.”

But not everybody’s buying it.

One argument against the club is that children on bikes and pedestrians are in danger, but the building faces I-10, is without sidewalk and is surrounded by other businesses. “I would imagine they likely would be run over by a Hummer before they ever had a chance to wonder about the bar,” remarked TechDigger at the Web log www.digdeepertexas.com.

These sentiments are echoed by District 8 resident Bob Bevard.

“There are no schools, churches or houses within easy walking distance. The closest residences are apartment complexes – both are several walking blocks away from their entrances to the building. They are also separated from the club by the apartment complex fences and a four-lane street with a median,” Bevard said.

“There is no easy or close access to any neighborhood from this site.”

Cibrian and TV news reports have said that more than 100 calls were made to Sugar’s, a strip club under the same ownership as Boobie Rock, so far this year.

However, the San Antonio Police Department reports that 75 calls were made. Twenty-eight calls were made from All-Stars, just minutes from the proposed Boobie Rock location.

 
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