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© St. Petersburg Times, published April 24, 2003
NEW PORT RICHEY -- A judge heard arguments Wednesday on whether undercover sheriff's deputies can pose as customers in adult entertainment clubs for the purpose of arresting exotic dancers on lewd-conduct charges.
Pasco County Judge Marc Salton did not rule Wednesday. He said he wanted to study the issue and gave no indication about when he would issue a decision.
Wednesday's hearing came in the case of 10 exotic dancers who were arrested on misdemeanor lewd conduct charges during an undercover sting in October.
Tampa lawyer Luke Lirot argued that the charges should be thrown out because in order for conduct to be considered lewd, someone must be offended. Police officers do not qualify as the offended party, Lirot said, citing two decisions in other counties.
Lirot made a similar argument two weeks ago to another Pasco judge, who refused to dismiss lewd-conduct charges against 11 other dancers.
Prosecutor Lenny Cagan argued Wednesday that if undercover deputies are not allowed to qualify as offended witnesses, policing the activities inside clubs would be impossible.