Pinal County Board of Supervisors to Decide Whether They Will Force Restaurant Owners Into Acting As Dance Police
WEB RELEASE: May 2, 2007
CONTACT:
John Kramer
(703) 682-9320
[Economic Liberty]
Arlington, Va.—Today, Pinal County’s Board of Supervisors will hear Dale Bell’s appeal of an absurd ruling that he is operating a “dance hall” in his family friendly steakhouse. In January, a county hearing officer ruled that Dale and his son, Spencer, must act as the “dance police” by stopping their customers whenever they dare do-si-do outside to the restaurant’s live country and western entertainment.
“Forcing Dale and Spencer to act as the dance police is not only making Pinal County a national laughingstock, it is unconstitutional,” explained Jennifer Perkins, an Institute for Justice Arizona Chapter (IJ-AZ) staff attorney. “The Board of Supervisors today has the opportunity to do the right thing by overturning the hearing officer’s ridiculous decision and rejecting the county’s interference with Dale’s economic liberties.”
In addition to spectacular food and an inviting atmosphere, San Tan Flat steakhouse provides enjoyable live country music each weekend, occasionally inspiring customers to kick up their heels. County officials unfortunately took the laughable position that the moment a customer begins dancing, the restaurant transforms into a “dance hall.” Unfortunately for Dale, an obscure ordinance states that dancing outdoors in a “dance hall” in Pinal County is strictly forbidden. The county employed the ordinance to prosecute Dale, who now faces as much as $200,000 a year in fines unless he forces his customers to stop every two-step and waltz. Dale appealed that ruling to the Board of Supervisors.
While the County’s actions infringe on Dale’s right to earn an honest living free from unreasonable government interference, the Board of Supervisors does not have the authority to declare the county’s outdoor dancing ban unconstitutional—it has only the authority to uphold or overrule the hearing officer’s determination. The Board’s decision is expected by May 11 and could come as early as today.
“If the Board of Supervisors fails to protect Dale’s constitutional rights, the Institute for Justice will be forced to ask the courts to step in,” declared Perkins.
The Institute for Justice is a public interest law firm that advances a rule of law under which individuals can control their destinies as free and responsible members of society. The group successfully waged the nation’s leading legal battle to reestablish the American ideal of economic liberty when, on May 16, 2005, the U.S. Supreme Court struck down discriminatory laws that hampered small businesses as well as their consumers.
Chip Mellor, president and general counsel of the Institute for Justice, concluded, “We will not rest until this fundamental civil right—the right to economic liberty—is secure for all Americans.”