Attorneys for the Pink Pony are appealing a DeKalb judge’s recent decision to dismiss the club’s lawsuit against the city of Brookhaven.
Alan Begner, an attorney representing the Pink Pony, confirmed that an appeal was filed Dec. 27 in Georgia Supreme Court.
“I believe that the ruling will be reversed,” Begner said.
On Dec. 24, DeKalb County Superior Court Judge Courtney Johnson granted Brookhaven’s motion to dismiss the strip club’s law suit, claiming it had no legal merit.
In May, the owners of the Pink Pony sued the city over its sexually oriented business ordinance, which prohibits nude dancing and the sale of alcohol, claiming it would put the club out of business.
Before the ruling, the city chose not to enforce the sexually oriented business ordinance until after a ruling was reached in the lawsuit. Enforcement may be delayed again now that the club has filed an appeal.
Brookhaven Mayor J. Max Davis said the city and its attorneys will discuss in January how to move forward.
The appeal, he said, “will be a part of any discussion, whether we start enforcement in two weeks or reach out to the Pink Pony, everything will be on the table,” Davis said.
Aubrey Villines, another lawyer for the Pink Pony, said the judge’s ruling doesn’t conclude the case.
“It’s a bump in the road – a bump in the road we didn’t want,” Villines said. “It’s a battle, it’s just a stage, and we move forward from here.”