Thursday, March 8, 2007

Arizona two-step

As a former New Yorker, I'm all too familiar with silly restrictions on dancing. For a city with a wide-open reputation, the Big Apple has a surprisingly Footloose-like attitude toward shuffling your feet to the beat. Bars and clubs need a hard-to-get "cabaret" license or they risk hefty fines for letting their patrons sway to the music.

But until now, I thought strict regulation of dancing was an affliction peculiar to New York.

Now comes word from Pinal County, Arizona, that the jitterbug cops are loose and sniffing out fun in the Grand Canyon state. The case revolves around the San Tan Flat steakhouse, which has an outdoor patio where live music is hosted, which sometimes inspires people to get up and dance.

Bell, 56, is in the middle of a lengthy battle with Pinal County that began shortly after he opened his Western-theme steakhouse and saloon in late 2005. He challenged the county when it said he was violating zoning ordinances by allowing his customers to dance when a one-man band played on an outdoor stage.

Bell has argued repeatedly that he is not the dance police and has gone so far as to place "no dancing" signs at his restaurant.

County officials, during a two-day zoning hearing in January, said they were not aware that Bell planned to host live music on an outdoor stage, despite seeing drawings of an outdoor stage on plans for the restaurant. The county has said Bell is operating a dance hall by allowing his patrons to dance outdoors.

Fortunately for owner Dale Bell, who faces a $5,000-per-day fine if his patrons dance, the Institute for Justice has stepped in to take his case. IJ has made an excellent name for itself in Arizona ever since it beat back the city of Mesa in a battle over the use of eminent domain to "redevelop" a thriving brake shop.

Let's hope Bell and his allies at the Institute make county officials face the music.

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