October 21, 2014
LAS VEGAS (AP) - A federal appeals court is giving a man who wants to open a swingers club called "Sextasy" in a Las Vegas shopping center another chance to prove he was improperly denied a county business license.
A trio of 9th U.S. Circuit Court of Appeals judges in San Francisco ruled Tuesday that David Cooper had a "plausible claim" that Clark County officials used an unconstitutionally vague law to refuse to let him open.
The judges referred the case back to U.S. District Court in Las Vegas, where Cooper initially sued in 2010.
Cooper's attorney, Lisa Rasmussen, says several similar clubs are licensed but Cooper was blocked from opening at the Commercial Center shopping center on Sahara Avenue.
The outcome of the appeal was first reported by the Las Vegas Sun.