Friday, August 21, 2009

Torch 2 to Appeal City Council Shut Down Order

Posted By on Fri, Aug 21, 2009 at 1:58 PM

Torch 2, on appeal
  • Torch 2, on appeal
An attorney for the Torch II bikini bar on Vista Avenue just told citydesk the owner plans to appeal this week's unanimous City Council decision ordering the bar to close within six months.

"This action is a mere pretext to a political agenda to close the bar," said Torch 2 attorney David Leroy, reached Friday morning on the links at Tamarack by cell phone.

Leroy said that bar owner Mans Montgomery will appeal the decision to Fourth District Court in the next few weeks, arguing that the shut down is arbitrary and capricious.

You will recall that in April the city moved to shut down the bar, citing the renovation of an entryway. The strip club was grandfathered in after a new city nudie ordinance passed in 2002 and is not permitted to expand. In April, Boise Mayor Dave Bieter said it was a zoning and not a political issue.

Leroy said that a construction worker expanded the vestibule a few square feet—without the knowledge of owner Mans Montgomery—as he shored up the rotting roof. You can read the appeal and sworn depositions from construction crew members on the city's Web site.

Torch 2, way back when
  • Torch 2, way back when
According to "oral tradition" in the neighborhood, the log cabin which now hosts the Torch II first opened as "Nineteen Cent Hamburgers" in 1935. It then became Q's Trophy Cabin, selling sports memorabilia and then Casey's Beer Depot. In 1987 it became a bikini bar called Blue Macs and Montgomery bought it in 2003, converting it to the Torch 2.

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