A judge has yet to determine whether a Greenville strip club should be closed immediately or remain open pending the outcome of a trial.
Thirteenth Circuit Solicitor Walt Wilkins has filed a civil lawsuit seeking to close Platinum Plus, 805 Frontage Road, alleging it is a public nuisance based on an undercover investigation that witnessed countless acts of prostitution. Judge Charles Simmons gave the defendants — Elephant Inc. and Frontage Road Associates Inc. — until 5 p.m. Wednesday to respond to the allegations.
The defense filed a motion last week to strike the affidavit of Robert Curtis, a deputy sheriff with the Greenville County Sheriff's Office who participated in the undercover operation that began in April 2014.
Undercover officers spent an average of at least $1,000 and up to $2,000 per visit, according to the affidavit of Kevin Ford, the director of Ken Wood Enterprises, which manages Elephant Inc.
Platinum Plus management and staff labeled Curtis and the other undercover deputies as "big spenders." The average patron spent $37 per visit in 2014, Ford said, and the deputies spent 30 to 60 times that amount.
"In each instance the officers consumed anywhere from three to four alcoholic beverages each per hour and bought an equal number of drinks for the entertainers that were seated with them on that particular evening," Ford said in the affidavit. "Tips to the waitresses, the champagne hostess and others were commonly $20, $40 or $60 each time they provided a service."
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The Sheriff's Office has repeatedly declined to comment on the ongoing investigation into Platinum Plus, which, according to court documents, attracted more than 85,000 visitors in the past year.
Simmons said in court last week the ruling rests on two questions:
Is there admissible evidence that Platinum Plus crossed the line as a sexually-oriented business? And if it did, does the evidence establish a reason to close the business pending a trial under the state's public nuisance statute?
If the club is found to be a public nuisance, the law then requires it to be shut down.
Randall Hillier, Elephant Inc.'s attorney, said in court last week that his client has never been convicted of prostitution or lewd acts after 14 years in business.
Ford also said in his affidavit that since the prostitution charges Platinum Plus has hired additional full-time employees to staff the champagne area, other areas on the floor and couch room to ensure that none of the alleged activity can occur.
"We do take those allegations very seriously and are very sensitive to the possibility that some fraction of the entertainers could be or would be susceptible to a patron purposely attempting to get them intoxicated and induce them to violate the law," he said in the affidavit.
Ford described the strippers as "transient" contract workers who work for months or maybe a year or two and are never seen again. Some work for several years as strippers. He said many work at other gentleman's clubs and are aware of the rules and regulations. He said all entertainers must sign contracts specifically requiring that they comply with state and local laws.
The Greenville location of Platinum Plus had 481 contracts with entertainers as of March 27, Ford said in his affidavit. He said those who deviate from acceptable conduct are disciplined based on their length of service and the extent of the violation. Platinum Plus keeps a list of persons who are no longer allowed to work in the nightclub because they violated rules, Ford said in the affidavit.
The Sheriff's Office executed a search warrant at Platinum Plus on March 27 and seized video records and other documentation, Ford said in his affidavit. About 20 people have been arrested in connection with the case, according to court records.
"Immediately upon being advised of those charges none of the entertainers have been allowed to enter the facility pending the results of our investigation and/or disposition of their pending charges," Ford said in the affidavit.
Ford alleged two officers remained in almost constant contact with the entertainers via text messages. Ford alleged in the affidavit that one of the officers deleted all of his text messages to and from one of the entertainers after she was arrested.
Sworn statements to law enforcement by hostesses, strippers and others are included as exhibits in the lawsuit. The statements allege managers knew strippers were having sex in the Champagne Room — that condoms were found in the booths — but management did nothing to stop the acts.
One stripper said in the lawsuit that the club never told her what she could or couldn't do and that she started performing sex acts because "she wasn't making any money and saw other girls doing it to make money."
Another exotic dancer, according to court documents, said she was caught performing oral sex on a customer. A manager and bouncer demanded she pay them more money for tips if she wanted to stay employed, she said her statement to law enforcement. From then on, she tipped them $20 a night instead of $5, she said. At least one stripper said she made $400-500 a night, according to Curtis' affidavit.
Ford said in the affidavit that the entertainers pay the nightclub a flat fee for any day they work there. The company does not receive any financial benefit from the tips the entertainers, he said.
"The company does not participate or receive any financial benefit from the tips earned by the entertainers, they pay a flat fee for any day that they wish to be there," Ford said.
