Strip club owner: Governor's lockdown ruined my business
Blush gentleman's club in Commack on Thursday. Credit: Barry Sloan
A Long Island strip club owner is suing both Gov. Andrew M. Cuomo and the federal government, charging their actions in response to the coronavirus pandemic violated the owner’s constitutional rights and ruined his business.
The suit also asked that if a judge does not permanently overturn those actions, that at least the club should be granted an injunction opening the club while the suit is argued in court.
But Wednesday afternoon, the federal judge overseeing the case, Allyne Ross, denied the injunction, saying the club was wrong in its interpretation of the state and federal law as it applied to both Cuomo and the federal defendants.
Ross also said given her ruling, the club “may be well-advised to voluntarily withdraw” the entire lawsuit.
One of the club’s attorneys, Peter Crusco, however, said in response to the decision: “We respectfully disagree with the judge, are considering our options, and plan to proceed with the case.”
The Commack club, Blush, had been in business since 1997, until it was shut down in March as part of Cuomo’s ban on the operation of strip clubs, imposed as part of the overall closing of places of entertainment such as restaurants and bars.
The club owner, Sean McCarthy, who brought the case in May, is seeking unspecified monetary damages from the governor and the federal government for what he calls the “catastrophic” financial situation resulting from the shutdown, as well as pay for his employees.
The federal government’s actions, the club argues in the federal lawsuit, include the Small Business Administration allegedly discriminating against the business under the Payroll Protection Program because of a policy of denying loans to businesses that provide “live performances of a prurient sexual nature.” The SBA policy predates the coronavirus pandemic.
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