City Asks Court to Throw Out Pink Pony Lawsuit

The City of Brookhaven filed its response to a lawsuit from the Pink Pony in DeKalb County Superior Court on Tuesday, asking that the court dismiss the suit.

A copy of the response was obtained by The Brookhaven Post, which posted it online. From the Post's story:

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.

The city has said, however, it will not enforce certain regulations against the club until the court rules.