JUDGE RULES FRISKY KITTY DOESN'T HAVE TO SCRATCH TARZANA LOCATION.

Byline: TROY ANDERSON Staff Writer

A judge Monday denied a request by Los Angeles city officials to shut down the Frisky Kitty adult cabaret in Tarzana for allegedly being located too close to a residential zone.

``First of all, I'm happy because we prevailed,'' said Kitty owner Jamal Haddad. ``I run a clean business. That's why I won. The judge advised (the city) not to try something different, but I don't think they are going to listen. We are going to go to trial and I think we are going to prevail again.''

City Attorney's Office spokesman Jonathan Diamond said the city is trying to get the business to conform to zoning laws.

``And so it's important to note that the judge in her ruling did acknowledge there was a zoning code violation there,'' Diamond said. ``We are reviewing what our options are. We will get our relief. It's just a question of how. But ultimately, we'll get there.''

City officials have been trying to shut down the nude-dancing club on Oxnard Street for eight years. Last winter, the City Council ordered City Attorney Rocky Delgadillo to shut it down.

Last month, the city filed a lawsuit against the business, alleging it was violating city zoning laws by being located within 500 feet of residential areas. Superior Court Judge Dzintra Janavs denied the city's request for a temporary restraining order to close the business. On Monday, she denied the city's request for a preliminary injunction.

Haddad has countersued the city, alleging that the zoning ordinance is unconstitutional. Both suits are expected to go to trial later this year.

If Haddad wins at trial, his Santa Monica attorney, Roger Jon Diamond, estimates taxpayers will end up paying $100,000 to $150,000 in legal costs.

``The trouble is the taxpayers will end up paying,'' he said. ``And people wonder why our taxes are so high. Why there are so many potholes. Nobody understands how much money is wasted.''

The issue boils down to how the city measures the distance between the strip club and the nearest residences.

Under the way the city measures it, the club is within 500 feet of homes. But under other cities' measurements, the club is more than 500 feet from homes, Roger Diamond said.

``The municipal code is silent on how you measure,'' he said.

In the meantime, Councilman Dennis Zine said regardless of what Delgadillo decides to do next, a conclusion needs to be reached on whether zoning laws are going to be enforced.

``If zoning laws are not going to be enforced due to the court decision then I believe many communities will be highly enraged,'' Zine said, adding that more legislation might be needed to decide what can go in certain areas ``so you don't have a landfill next to a preschool or a bar next to a nursery school.''

troy.anderson(at)dailynews.com

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