DES MOINES, Wash. – The owners of Secrets Adult Entertainment have filed a lawsuit against the city of Des Moines over violation of First Amendment rights and being shut down without due process.
On Dec. 5, officials red-tagged the building, citing code violations.
The violation document lists issues such as use of a storage area for retail space, an obstructed exit door, and a second exit door that was sticking.
The owners said they had dealt with code violations before, but usually had the opportunity to fix them for re-inspection. This time, they said they were locked out for 30 days, when they told KIRO 7 they could have addressed the issues within minutes.
Now, workers are allowed inside to make fixes, but the business is still closed with no timeline for reopening.
The owner who filed the suit, Mark White, alleges an assistant fire marshal and a city building inspector made homophobic remarks during their inspection, using the words "f-gs" and "h---s" directed at gay clients.
KIRO 7 spoke to a female employee who was present during the exchange. She said the officials even told them they would not be inclined to rescue anyone from the building if it were burning.
"Basically they would have a moral issue with coming in and rescuing people from our establishment," said one of the co-owners, Michael, who didn't give his last name. "It's just not right for a public official to say something like that."
South King Fire and Rescue issued a statement through its attorney.
"South King Fire and Rescue adamantly denies the allegations of discriminatory code enforcement set forth in the plaintiffs' complaint. It also adamantly denies that any of its employees made offensive or derogatory comments about the plaintiff's establishment or its customers."
An attorney for the city of Des Moines also sent a statement.
"The City of Des Moines vehemently disagrees with the allegations in the lawsuit and welcomes the opportunity to address them in court. The evidence will show that, contrary to Mr. White's claims, the city bent over backwards to accommodate his venture, waived numerous citations, and even entered into a 'Last Chance' agreement with him. But Mr. White's insistence on operating in contravention of universally applicable rules -- including the building code -- forced the city to intervene. It would have done the same thing had he been operating a gas station, laundromat, or coffee shop. This is not a case about the First Amendment, but rather one about a business owner refusing to play by the same rules as everybody else."
KIRO
