Case 2:20-cv-01392-GMN-VCF Document 1 Filed 07/27/20 Page 1 of 7

1 Allen Lichtenstein
Allen Lichtenstein, Attorney at Law, Ltd.
2 3315 Russell Road, #222
Las Vegas, NV 89120
3
Telephone: (702) 433-2666
4 Facsimile: (702) 433-9591
allaw@lvcoxmail.com
5 Attorney for Plaintiff
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8 IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEVADA
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FLUID LIFESTYLES LEARNING
12 Case No.
CENTER, LLC, d/b/a THE STUDIOS.
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Plaintiff,
COMPLAINT
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v.
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16 JAQUELINE HOLLOWAY, DIRECTOR,

CLARK COUNTY, NEVADA,
17 DEPARTMENT OF BUSINESS LICENSE;
CLARK COUNTY, NEVADA
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19 Defendants.

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Comes now Plaintiff Fluid Lifestyles Learning Center, LLC d/b/a the Studios, by and
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22 through the undersigned attorney, and complains against each defendant and alleges that as

23 Defendants have violated Plaintiff’s Constitutional rights, protected under the due process clause
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of the Nevada Constitution, the Fifth and Fourteenth Amendments and the right to Freedom of
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Speech under the First Amendment, as more fully set forth below.
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Jurisdiction and Venue
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 Case 2:20-cv-01392-GMN-VCF Document 1 Filed 07/27/20 Page 2 of 7

1 1. This action arises under the N.R.S.; the Nevada State Constitution; the United

2 States Constitution, 20 U.S.C. § 2000d, et. seq.; and 42 U.S.C. § 1983. Nevada District Courts
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have general jurisdiction in civil matters. See, N.R.S. Const. Art. 6.
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2. As all activity relevant to this action occurred in Clark County, Nevada, venue is
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proper in this court.
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7 PARTIES

8 3. Plaintiff Fluid Lifestyles, LLC, is a Nevada Limited Liability Company.

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2. 4. Defendant Clark County, Nevada, is a County organized under the Nevada
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Constitution. Defendant Jaqueline Holloway is the Director of , Defendant, The Clark County
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Department of Business License.
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13 STATEMENT OF FACTS

14 5. Fluid Lifestyles d/b/a the Studios, was licensed by Clark County in July 2016
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(License No. 2000408.061 – 121) as an education institution.
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6. It has operated in this capacity as an educational institution since its 20116
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opening.
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19 7. Due to the Covid-19 pandemic, the Studios has been closed for the past several

20 months.
21 8. There is no firm anticipated opening date, due to the virus.
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9. Because of the often sexual nature of many of the educational topics explored at
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the Studios, Defendants have been attempting to shut down the entire business.
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10. Thus, Defendants have claimed that the Studios is operating and unlawful sex

26 club, and has been illegally selling alcoholic beverages.

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1 11. Defendants have scheduled a hearing to revoke Plaintiff’s business license for

2 July 30, 2020.

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12. While Defendants have made allegations, no discovery, in the form of police
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citations, or even any alleged specific events, specifying time and date of the asserted illegal
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activity has been provided to Plaintiffs. Without such specific information, Plaintiff is left in a
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7 situation where it is unable to present a defense for itself.

8 13. Pursuant to Clark County Code (CCC) 6.04.100(a), specifically states that the
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County, at its Show Cause Hearing can withhold all evidence until it presents it to the business in
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question at the hearing itself. (at or before the hearing, written charges shall be made against said
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licensee specifying therein the facts which form the basis of the charges.)
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13 14. In the instant case, Defendants have provided Plaintiff with written accusations,

14 but without the specificity of listing alleged time, date and witness information, which would be
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crucial to allow Plaintiff to fairly defend itself.
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15. Plaintiff has a vested property interest in its educational institution. Bell v.
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Burson, 402 U.S. 535, 540 (1971).
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19 16. Taking away such a business license without adequate and fair due process is a

20 constitutional violation. Id.

21 CLAIMS FOR RELIEF
22 FIRST CLAIM FOR RELIEF
VIOLATIONS OF UNITED STATES CONSTITUTION:
23 PROCEDURAL DUE PROCESS
42 USC § 1983
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17. All allegations set forth in this Complaint are hereby incorporated by reference.
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18. To make out a cause of action under section 1983, plaintiffs must plead that (1)
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the defendants were acting under color of state law, and (2) they deprived plaintiffs of rights
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 Case 2:20-cv-01392-GMN-VCF Document 1 Filed 07/27/20 Page 4 of 7

1 secured by the Constitution or federal statutes. Gibson v. United States, 781 F.2d 1334, 1338

2 (9th Cir. 1986).

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19. The procedural due process guarantees of the Fourteenth Amendment apply
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when a constitutionally protected liberty or property interest is at stake. Board of Regents v.
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Roth, 408 U.S. 564, 569 (1972).
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7 20. The Fourteenth Amendment protects individuals against the deprivation of liberty

8 or property by the government without due process. Portman v. Cnty. of Santa Clara, 995 F.2d
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898, 904 (9th Cir. 1993).
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21. A section 1983 claim based upon procedural due process thus has three elements:
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(1) a liberty or property interest protected by the Constitution; (2) a deprivation of the interest by
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13 the government; (3) lack of process. Portman v. Cnty. of Santa Clara, 995 F.2d 898, 904 (9th

14 Cir. 1993).
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22. Article 1, Section 8( c)(5) of the Nevada Constitution states that: “No person
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shall be deprived of life, liberty, or property, without due process of law.”
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23. The language in Article 1, Section 8(5) of the Nevada Constitution mirrors the
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19 Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution.

20 Hernandez v. Bennett-Haron, 128 Nev. 580, 587, 287 P.3d 305, 310 (2012); Rodriguez v. Dist.
21 Ct., 120 Nev. 798, 808 n.22, 102 P.3d 41, 48 n.22 (2004).
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24. The United States Supreme Court has stated that the liberty guaranteed under the
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Fourteenth Amendment's Due Process Clause includes the right to engage in any of the
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common occupations of life. Meyer v. Nebraska, 262 U.S. 390, 399 (1923); Doubles, Ltd. v.

26 Gragson, 91 Nev. 301, 303, 535 P.2d 677, 679 (1975)(The right to pursue a
27 legitimate occupation is a fundamental right.); Singleton v. Cecil, 155 F.3d 983, 989 (8th Cir.
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1 1998)(The right to work at a lawful occupation is part of the "liberty" protected by

2 the Fourteenth Amendment.)

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25. Governmental regulatory inaction can constitute a taking. United Nuclear Corp.

5 v. United States, 17 Cl. Ct. 768, 774 (Cl. Ct. 1989) reversed on other grounds by United Nuclear

6 Corp. v. United States, 912 F.2d 1432 (Fed. Cir. 1990), citing Urbanizadora Versalles, Inc. v.
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Rios, 701 F.2d 993 (1st Cir. 1983); Hernandez v. Lafayette, 643 F.2d 1188 (5th Cir. 1981);
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Rogin v. Bensalem Township, 616 F.2d 680 (3d Cir. 1980; Amen v. Dearborn, 718 F.2d 789
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(6th Cir. 1983).
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26. Under Nevada law, a party must exhaust administrative procedures before seeking
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judicial relief. First Am. Title Co. v. State, 91 Nev. 804, 543 P.2d 1344, 1345 (1975); United
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States v. Orr Water Ditch Co., 914 F.2d 1302, 1309-10 (9th Cir. 1990).
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15 27. The doctrine of exhaustion of remedies does not require one to initiate and

16 participate in proceedings . . . which are vain and futile. );Engelmann v. Westergard, 98 Nev.
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348, 353, 647 P.2d 385, 389 (Nev. 1982); United States v. Alpine Land & Reservoir Co., 340
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F.3d 903, 918 (9th Cir. 2003).
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28. By willfully refusing to provide Plaintiffs with a fair process, Defendants
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21 violated Defendants’ rights to due process of law, as guaranteed by the Fifth and Fourteenth

22 Amendments to the United States Constitution and Article 1, Section 8 ( c)(5) of the Nevada
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Constitution.
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WHEREFORE, plaintiff prays for relief as set forth herein.
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SECOND CLAIM FOR RELIEF
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VIOLATIONS OF UNITED STATES CONSTITUTION:
27 SUBSTANTIVE DUE PROCESS
42 USC § 1983
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2 29. All allegations set forth in this Complaint are hereby incorporated by reference.
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30. Plaintiff was subject to arbitrary, capricious and outrageous conduct on the part of
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Defendants, through an unfair and biased process causing irreparable harm.
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31. In so doing, defendants violated plaintiff’s right to substantive due process.
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7 WHEREFORE, plaintiff prays for relief as set forth herein.

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THIRD CLAIM FOR RELIEF
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VIOLATIONS OF UNITED STATES CONSTITUTION AND NEVADA
10 CONSTITUTIONS

11 Retaliation for speech protected by the First Amendment to the United States Constitution
and Article 1, Section 9 of the Nevada Constitution
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13 32. All allegations set forth in this Complaint are hereby incorporated by reference.

14 33. Plaintiff’s educational activities constitute expression, which is protected by the

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First Amendment.
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34. Defendants’ attempts at permanently closing the Studios is not aimed at merely
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having the business cease what the County has alleged to be illegal activities, but also the First
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19 Amendment protected educational activities performed there.

20 WHEREFORE, plaintiff also prays for relief as set forth herein.

21 PRAYER FOR RELIEF
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WHEREFORE, plaintiff prays for judgment against defendants, as follows.
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1. A. For a Declaration that Defendants attempt to take away Plaintiff’s business
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license as an educational institution violates the Fifth and Fourteenth Amendments’ guarantee of

26 the right to due process.

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2. 1 B. For a Declaration that Defendants attempt to take away Plaintiff’s business

2 license as an educational institution violates the First Amendment to the United States
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Constitution.
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3. C. For Injunctive Relief designed to remedy the unconstitutional practices alleged
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herein;
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4. 7 D. For an award of attorneys’ fees and costs as permitted by law;

5. 8 and
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6. E. For other and further relief as the Court may deem just, necessary and
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appropriate.
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Dated this 27th day of July 2020
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13 Respectfully submitted by:

14 /s/ Allen Lichtenstein

Allen Lichtenstein, Attorney at Law, Ltd.
15
3315 Russell Road, #222
16 Las Vegas, NV 89120
Telephone: (702) 433-2666
17 Facsimile: (702) 433-9591
allaw@lvcoxmail.com
18
Attorney for Plaintiff
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