SALEM -- A Salem gentlemen's club operator says he has had enough of alleged harassment by McCook County, and his lawyers hope to resolve their differences with the county as soon as possible.
Robert Rieger's business, "Racehorses Private Club and Movie Theater," has continued to operate since altering its format to become a private club and circumventing the county's sexually-oriented business restrictions, which were laid out under a July 2005 ordinance.
Now Rieger's representation is hoping to get a trial as soon as possible in order to have the county's ordinance declared unconstitutional.
"We'll be requesting a trial sometime shortly so we can get the matter resolved finally," said Fargo, N.D., lawyer James Lester, who represents Rieger.
Rieger says his laid-back approach to the county's nudity ordinances may not continue in the future.
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"I'm going to start suing them," he said. "Enough is enough. It's obvious to the public and everybody that I'm being harassed."
He said he may sue for damages to his civil rights and his finances from the prolonged litigation.
Rieger has been embattled since 2003, when the McCook County Commission denied a liquor-license application for Rieger. After he failed to obtain a liquor license, Rieger opened a juice-bar strip club in a former restaurant located three miles east of Salem, the county seat.
Rieger's establishment was closed in the fall of 2005 after a 90-day grace period expired on a new ordinance enacted by the county, which bans nudity, requires operators and employees to be licensed and subject to inspections, and requires dancers to maintain six feet between themselves and patrons.
Rieger then filed a lawsuit Nov. 3 in McCook County Circuit Court in the hopes of eventually re-opening his establishment in its original format. He said he reopened the establishment as a private club and movie theater since the lawsuit's slow progress would have put him out of business had he remained closed.
Rieger claims that since he is operating a private, members-only club, the ordinance does not apply to Racehorses Private Club and Movie Theater.
On the county's side, Gerlach said the county hasn't made any significant moves lately with regard to Rieger's lawsuit because both sides are waiting on reports from sociologists on the effects of the club.
"I don't anticipate anything substantial taking place until the sociologists submit their reports," he said.
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Rieger claims an undercover sting of his business in January was further evidence of discrimination, since no other private businesses in the county have had a similar operation conducted against them, to his knowledge.
According to Rieger, he received no prior notice that several law enforcement officers, posing as members of the club, were bringing a camera into his club -- which is against club rules -- and did not have a warrant.
"As a member, they were breaking the rules," he said. "How many people's rights did they violate? I have 50 people a night. How many people's rights did they violate, including mine?"
Gerlach admitted that he had an officer bring a camera into the club, but that the evidence collected wouldn't be used in court.
"I looked at (the tapes) and they're too dark -- doesn't show a thing," he said. "I have no intention of doing anything with them."
No criminal charges were filed following the sting, and Rieger's club continues to operate, Rieger said.
