ADULT-BUSINESS BATTLE RUNS UP TAB; MAN SEEKING NUDE CLUB SEES SIMI'S FIGHT AS WASTE OF TAXES.

Byline: Douglas Clark Daily News Staff Writer

With the city poised to appeal a federal judge's ruling nullifying its adult entertainment law, Philip Young is questioning the city's wisdom in spending so much money trying to stop him from opening a nude dancing club.

Since 1993, Simi Valley has spent about $100,000 defending its right to regulate adult businesses like the one Young has twice tried to open in the last six years. And though City Attorney John Torrance will make no decision until next week, Thursday he said it is likely the city will file an appeal.

``I'm disappointed the city is trying to appeal. I think it's wasting taxpayers' money,'' Young said Thursday.

Mayor Greg Stratton said that despite the cost, Simi Valley would continue to defend laws city officials believe honor the state constitution.

``We spend a lot of money defending Simi Valley against lawsuits,'' Stratton said. ``It's part of being in the system. And I don't see any alternative but to defend the city, because we believe we've crafted a law within the bounds of the constitution.''

Young said that the effort to open a nude dancing club has also been costly to him.

Though he declined to say how much he has paid Roger Diamond for legal services, Young said in 1993 he was forced to back out of a deal to pay $290,000 for a Los Angeles Avenue building that was assessed at $1.7 million.

And then he spent about $4,000 paying rent on a second space he ultimately had to abandon.

Young said the court could award him damages and legal fees if the city's appeal fails.

``I've spent four years doing this. And they've tried to do everything to stop me, which I think is unfair,'' he said.

On Wednesday, U.S. District Judge William Rea upheld his tentative decision rendered July 21 that struck down as unconstitutional a city ordinance that regulates adult entertainment businesses. Rea said there were not enough sites in Simi Valley for adult-oriented businesses and the restrictions on the sites were unfair.

Although he was still reviewing Rea's decision, Torrance said Thursday that he disagreed with the judge.

``We don't agree that there's a paucity of sites. We believe he's factually wrong on that point,'' he said.

But Torrance said he will not make a decision about an appeal until after next week's meeting with Bert Deixler, the attorney representing Simi Valley.

Earlier this month, the City Council granted Torrance the authority to make an appeal to the 9th District Circuit Court of Appeal, the last step before the Supreme Court.

Meanwhile, the City Council has called a special meeting for Thursday to extend a moratorium on adult businesses. The moratorium was put into effect after Rea's tentative decision to protect the city until a new ordinance can be written.

Young said that once the legal battle has been resolved, he ``absolutely'' intends to open a nude dancing club, despite the challenges.

``It's not as easy as one thinks. Finding a site will be difficult because people don't want to rent to me. You almost have to buy a building,'' he said.

Young said he would want a location that was far from youth activities and churches. The city ordinance struck down this week required adult-oriented businesses to be 500 feet from a youth-oriented business and 1,000 feet from a place of worship.

``I would put it where it wouldn't hurt anybody and everybody can co-exist,'' he said.

Young said that while he understands the city's concern that sex-oriented businesses spawn crime, he said their worries were ``misplaced.'' Indeed, he cited gangs and low-income housing as causes of crime.

``I'm just trying to run a business. I'm not trying to defy the law,'' he said. ``I'm very patient. I do everything legally.''