Owners of Bucks Racks & Ribs file 1st Amendment suit against County, Sheriff’s Office – Greenville News

Posted: May 26, 2017 at 3:44 am

Buck's Racks and Ribs was cited by the Greenville County Sheriff's Office Wednesday.(Photo: Provided)

A Greenville restaurant that has opened in the location of a former strip clubhas filed a lawsuitagainst the county and the Sheriff's Office, alleging thebusiness's rights to freedom of expression are being violated, according to court documents.

In a suit filed on May 23, Greenville Bistro and Frontage Road Associates, operator and lesseeof BucksRacks & Ribs, nameGreenville County and Sheriff Will Lewis and allegethe county violated an agreement reached by prior business, Platinum Plus, in 2002 and again in 2015, after owners, Elephant, Inc., filed a suit against the county.

The parties say in the suit that entertainment provided by Greenville Bistro constitutes free expression protected by the First Amendment.

The suit statesthat while the restaurant on 805 Frontage Road,hasno affiliation to Elephant, Inc.,itdoespractice a "similar business" as the former occupant,and that the county treats the business as a sexual adult establishment. The county is attempting to prevent, "any form of entertainment or expression at the property" by issuing citations and violation notices, according to the suit.

No employee of the current establishment"appears in a state of nudity,engages in any specified sexual activities, or displays any specified anatomical areas, according to the plaintiffs.

On Wednesday, the restaurant received three citations from Greenville County deputies after deputies performing a compliance check witnessed someone exposing an unlawfulamount of flesh, said Sgt. Ryan Flood, Sheriff's Officespokesman.

It was the second time this year, the restauranthas beenissued citations by the Sheriff's Office.

The plaintiffs are seekinga jury trial and repaymentof attorney fees.

Bannister, Wyatt & Stalvey, LLC in Greenville,representing the plaintiffscould not be reached for comment. Luke Charles Lirot, out ofClearwater, Florida, is also listed as a co-counsel for the plaintiffs.

More: Once a strip club, now a restaurant

Related: Greenville County paid law firm $79K for Platinum Plus litigation

More: Platinum Plus Greenville ordered to close again

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Owners of Bucks Racks & Ribs file 1st Amendment suit against County, Sheriff's Office - Greenville News

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