In the city’s answer, they claim that the agreement between DeKalb
County and the Pink Pony (which allows the club to operate in a
“non-conforming” status), does not apply to the City of Brookhaven, and
the agreement is between the Pink Pony and the county – not the Pink
Pony and the City of Brookhaven.
The city says that the agreement is “not applicable in any way” and
they are not bound by it since Brookhaven was not even a city when the
agreement was made.
Pink Pony's attorney, Aubrey Villines, told Patch he had not seen the response Tuesday and could not comment on it.
"Litigation will be going its natural course.
Hopefully, the parties will talk constructively in the interim and work out
something," he said.
"If we can’t, the process will take place, and the courts
will rule one way or the other."
The Pink Pony has sued the city of Brookhaven because it wants to continue selling alcohol. The strip club, which threatened to sue the city for months, filed the suit late last month.
The new city government has passed a law that prohibits the sale of
alcohol in establishments where nude dancing occurs, and the Pink Pony
believes the law should apply only to new businesses within the city.