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	<title>Bloom Blog &#187; Louisiana</title>
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	<link>http://www.bloomlegal.com/blog</link>
	<description>Legal Commentary</description>
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		<title>Gov. Jindal Calls for BP to Fund $173 Million Seafood Monitoring Program</title>
		<link>http://www.bloomlegal.com/blog/2010/08/20/gov-jindal-calls-for-bp-to-fund-173-million-seafood-monitoring-program/</link>
		<comments>http://www.bloomlegal.com/blog/2010/08/20/gov-jindal-calls-for-bp-to-fund-173-million-seafood-monitoring-program/#comments</comments>
		<pubDate>Fri, 20 Aug 2010 18:12:04 +0000</pubDate>
		<dc:creator>bloom</dc:creator>
				<category><![CDATA[BP Oil Spill]]></category>
		<category><![CDATA[Local Issues]]></category>
		<category><![CDATA[National Issues]]></category>
		<category><![CDATA[Bobby Jindal]]></category>
		<category><![CDATA[BP]]></category>
		<category><![CDATA[Governor Jindal]]></category>
		<category><![CDATA[Louisiana]]></category>
		<category><![CDATA[Louisiana Seafood]]></category>
		<category><![CDATA[New Orleans attorney]]></category>
		<category><![CDATA[New Orleans lawyer]]></category>
		<category><![CDATA[Oil Spill]]></category>
		<category><![CDATA[Oil Spill Attorney]]></category>
		<category><![CDATA[Oil Spill Lawyer]]></category>
		<category><![CDATA[Oil Spill Litigation]]></category>
		<category><![CDATA[Seafood]]></category>
		<category><![CDATA[Seafood Safety]]></category>

		<guid isPermaLink="false">http://www.bloomlegal.com/blog/?p=941</guid>
		<description><![CDATA[As news surfaced today that scientists have discovered a 22-mile-long plume of underwater oil extending to the southwest of the BP oil well that exploded months ago, we are reminded that the long-term effects of the spill have yet to be fully determined. In an effort to maintain safety and stability in the affected region, [...]]]></description>
			<content:encoded><![CDATA[<p>As news surfaced today that scientists have discovered a 22-mile-long plume of underwater oil extending to the southwest of the BP oil well that exploded months ago, we are reminded that the long-term effects of the spill have yet to be fully determined. <div id="attachment_942" class="wp-caption alignright" style="width: 310px"><a href="http://www.bloomlegal.com/blog/2010/08/20/gov-jindal-calls-for-bp-to-fund-173-million-seafood-monitoring-program/"><img src="http://www.bloomlegal.com/blog/wp-content/uploads/2010/08/seafood_cusine-300x273.jpg" alt="" title="seafood_cusine" width="300" height="273" class="size-medium wp-image-942" /></a><p class="wp-caption-text">Photo Courtesy of Ibspro.net</p></div></p>
<p>In an effort to maintain safety and stability in the affected region, Louisiana Governor Bobby Jindal is supporting a proposal that would call for BP to invest $173 million in a fund that would support monitoring the safety and quality of the state&#8217;s seafood for the next 5 years. </p>
<p>BP has currently agreed to a plan that would provide $13 million dollars for a 3-year monitoring program with the possibility of extension but has yet to respond to Governor Jindal&#8217;s request.</p>
<p>Louisiana produces roughly one third of the United States&#8217; domestic seafood &#8211; an industry which contributes about $2 billion every year to the state&#8217;s economy. Part of Governor Jindal&#8217;s proposal involves BP footing the bill for large scale marketing campaigns designed to alleviate national concerns over the safety of the region&#8217;s seafood.</p>
<p>If you or a loved one have been affected by the Oil Spill, time is of the essence to ensure that you take the actions necessary to allow you to receive the compensation you are due. We recommend that you attend the open house as well as contacting <a href="http://www.bloomlegal.com/Oil-Gas-Litigation/">Bloom Legal</a> at 504-599-9997 to schedule a free consultation to learn about how we can advocate for you today.</p>
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		<title>Kenner City Council Says No to Closing Bars at 2 a.m.</title>
		<link>http://www.bloomlegal.com/blog/2010/07/13/kenner-city-council-says-no-to-closing-bars-at-2-a-m/</link>
		<comments>http://www.bloomlegal.com/blog/2010/07/13/kenner-city-council-says-no-to-closing-bars-at-2-a-m/#comments</comments>
		<pubDate>Tue, 13 Jul 2010 21:05:47 +0000</pubDate>
		<dc:creator>bloom</dc:creator>
				<category><![CDATA[DUI/DWI]]></category>
		<category><![CDATA[Local Issues]]></category>
		<category><![CDATA[DUI]]></category>
		<category><![CDATA[Kenner]]></category>
		<category><![CDATA[Louisiana]]></category>

		<guid isPermaLink="false">http://www.bloomlegal.com/blog/2010/07/13/kenner-city-council-says-no-to-closing-bars-at-2-a-m/</guid>
		<description><![CDATA[Last week the Kenner City Council voted against having Kenner bars close between 2 and 6 a.m. The argument for regulating hours of local bars originally came from Police Chief Steve Caraway, who cited public safety concerns from an increase in alcohol related incidents and crimes at bars. The Council, however, disagreed with the police [...]]]></description>
			<content:encoded><![CDATA[<p>Last week the Kenner City Council voted against having Kenner bars close between 2 and 6 a.m.  The argument for regulating hours of local bars originally came from Police Chief Steve Caraway, who cited public safety concerns from an increase in alcohol related incidents and crimes at bars.  The Council, however, disagreed with the police chief, doubting that closing the bars for 4 hours would effectively curb crime.  The Council further stated that punishing all bars and establishments for problems with a small few did not make much sense.</p>
<p>I applaud the Police Chief for trying to protect the citizens of his parish.  However, like the Kenner City Council, I am not convinced that this measure would have been effective in stopping crime.  Further, I believe this measure may had an unintended consequence of putting more alcohol-influenced drivers on the streets during a time of higher traffic.  By closing at 2 a.m., many patrons (especially ones who still believe themselves to be sober) may attempt to drink up quickly at a “last call” or may get behind the wheel and travel to another area where the bars are still open rather than taking a cab or going home to bed.  What the community does not need is more people who have been drinking to be encouraged to get back into a car and travel to venue.  While I certainly do not condone this type of behavior, should you or someone you know get behind the wheel after a night at the bar and get arrested or charged with a DUI/DWI, Bloom Legal is here to provide assistance to you in getting all of your affairs back in order.</p>
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		<title>Vehicular Homicide Sentence Upheld by the Louisiana Supreme Court</title>
		<link>http://www.bloomlegal.com/blog/2010/07/12/vehicular-homicide-sentence-upheld-by-the-louisiana-supreme-court/</link>
		<comments>http://www.bloomlegal.com/blog/2010/07/12/vehicular-homicide-sentence-upheld-by-the-louisiana-supreme-court/#comments</comments>
		<pubDate>Mon, 12 Jul 2010 23:24:51 +0000</pubDate>
		<dc:creator>bloom</dc:creator>
				<category><![CDATA[Courts]]></category>
		<category><![CDATA[Louisiana]]></category>
		<category><![CDATA[Vehicular Homicide]]></category>

		<guid isPermaLink="false">http://www.bloomlegal.com/blog/2010/07/12/vehicular-homicide-sentence-upheld-by-the-louisiana-supreme-court/</guid>
		<description><![CDATA[A recent ruling by the Louisiana Supreme Court has upheld a 30-year sentence for a Breaux Bridge woman who plead guilty to vehicular homicide after killing 2 people in a car accident while on a cocaine binge. Her lawyers had initially succeeded in getting the 30-year sentence struck down as excessive by Louisiana&#8217;s 3rd Circuit [...]]]></description>
			<content:encoded><![CDATA[<p>A recent ruling by the Louisiana Supreme Court has upheld a 30-year<br />
sentence for a Breaux Bridge woman who plead guilty to vehicular<br />
homicide after killing 2 people in a car accident while on a cocaine<br />
binge.  Her lawyers had initially succeeded in getting the 30-year<br />
sentence struck down as excessive by Louisiana&#8217;s 3rd Circuit Court of<br />
Appeals, but the appeal was overturned and the sentence upheld by<br />
Louisiana&#8217;s Supreme Court last week, with the justices stressing the<br />
seriousness of her crime and its deathly result.</p>
<p>With summer in full swing, and holiday weekends on the horizon, please<br />
be careful when attending parties or festivities.  Louisiana has<br />
steadily increased the minimum and maximum penalties for vehicular<br />
homicide over the years, which now stand at 5 and 30 years,<br />
respectfully.  If you are planning on partying, do it safely and take<br />
precaution.  5 to 30 years in prison is a long time to sit thinking<br />
about an accident that could have been avoided.  Should you or anyone<br />
you know be involved in a traffic incident, whether sober or under the<br />
influence, contact Bloom Legal at 504-599-9997 with any questions you<br />
may have and for a free consultation.</p>
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		<title>Louisiana Judge’s Investments Under Scrutiny</title>
		<link>http://www.bloomlegal.com/blog/2010/07/10/louisiana-judge%e2%80%99s-investments-under-scrutiny/</link>
		<comments>http://www.bloomlegal.com/blog/2010/07/10/louisiana-judge%e2%80%99s-investments-under-scrutiny/#comments</comments>
		<pubDate>Sat, 10 Jul 2010 14:41:25 +0000</pubDate>
		<dc:creator>bloom</dc:creator>
				<category><![CDATA[BP Oil Spill]]></category>
		<category><![CDATA[Courts]]></category>
		<category><![CDATA[Local Issues]]></category>
		<category><![CDATA[BP]]></category>
		<category><![CDATA[Deepwater Horizon]]></category>
		<category><![CDATA[Louisiana]]></category>
		<category><![CDATA[Offshore Drilling]]></category>
		<category><![CDATA[Oil Spill]]></category>

		<guid isPermaLink="false">http://www.bloomlegal.com/blog/2010/07/10/louisiana-judge%e2%80%99s-investments-under-scrutiny/</guid>
		<description><![CDATA[In the wake of U.S. District Judge Martin Feldman’s decision to lift the ban on offshore drilling established by President Obama, supporters of the moratorium have raised concern about whether the judge should have recused himself because of energy investments he made that could have led to a biased ruling. Feldman owned stock in Exxon-Mobil, [...]]]></description>
			<content:encoded><![CDATA[<p>In the wake of U.S. District Judge Martin Feldman’s decision to lift the ban on offshore drilling established by President Obama, supporters of the moratorium have raised concern about whether the judge should have recused himself because of energy investments he made that could have led to a biased ruling.</p>
<p>Feldman owned stock in Exxon-Mobil, which had plans to drill in the Gulf of Mexico, but were set back by the moratorium. The judge also held stock in Allis-Chalmers Energy Inc., a Houston company that provides services and equipment to oil and gas companies in the Gulf of Mexico, and Transocean Ltd., the company that owned the Deepwater Horizon rig that exploded on April 20.</p>
<p>An Associated Press investigation launched in June showed that more than half of the federal judges in districts affected by the BP oil spill have significant investments in the oil and gas industry.</p>
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		<title>Inefficiency Causing Concerns for Louisiana’s Coast</title>
		<link>http://www.bloomlegal.com/blog/2010/06/11/inefficiency-causing-concerns-for-louisiana%e2%80%99s-coast/</link>
		<comments>http://www.bloomlegal.com/blog/2010/06/11/inefficiency-causing-concerns-for-louisiana%e2%80%99s-coast/#comments</comments>
		<pubDate>Fri, 11 Jun 2010 21:59:38 +0000</pubDate>
		<dc:creator>bloom</dc:creator>
				<category><![CDATA[BP Oil Spill]]></category>
		<category><![CDATA[Local Issues]]></category>
		<category><![CDATA[BP]]></category>
		<category><![CDATA[Coastal Restoration]]></category>
		<category><![CDATA[Gulf Coast]]></category>
		<category><![CDATA[Louisiana]]></category>
		<category><![CDATA[Oil Spill]]></category>

		<guid isPermaLink="false">http://www.bloomlegal.com/blog/?p=511</guid>
		<description><![CDATA[BP executives tried to defend their actions on Wednesday at the State Capitol during a hearing about the unresolved issues resulting from the oil spill. Fingers were pointed at BP and also the federal government for a lack of efficiency in dealing with protection of the coast, processing of claims, shortages in funding, and insufficient [...]]]></description>
			<content:encoded><![CDATA[<p>BP executives tried to defend their actions on Wednesday at the State Capitol during a hearing about the unresolved issues resulting from the oil spill.   Fingers were pointed at BP and also the federal government for a lack of efficiency in dealing with protection of the coast, processing of claims, shortages in funding, and insufficient seafood contamination tests.  Many fear that there will not be enough resources to adequately fix the problems resulting from the oil washing up along the Louisiana coast.  Without a proper plan on how to protect the coast, many are left questioning the authorities and the inefficient manner with which they are going about this.</p>
<p>Executive director of the Louisiana Workforce Commission, Curt Eysink, is disappointed with how BP is dealing with those who have lost their jobs as a result of the oil spill.  He said that BP is not even giving precise information about their database of claims.  While on the other hand, BP sais they have set up 25 offices in the region with 700 employees to deal with the claims on a daily basis.  Only 21 payments have been made of $5,000 to those companies that have filled out claims, but they will not be able to survive on that small amount of money.</p>
<p>This slow resolve will lead to many abandoning their occupations in the seafood industry, and send them to unemployment lines to acquire food stamps and other forms of payment to live on.  Terrebonne Parish President Michael Claudet fears that this will have a strong psychological effect on the people, which will surely outweigh the physical damages of this catastrophe.  </p>
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		<title>Drug Ring Busted in Jefferson Parrish</title>
		<link>http://www.bloomlegal.com/blog/2010/06/11/drug-ring-busted-in-jefferson-parrish/</link>
		<comments>http://www.bloomlegal.com/blog/2010/06/11/drug-ring-busted-in-jefferson-parrish/#comments</comments>
		<pubDate>Fri, 11 Jun 2010 21:57:47 +0000</pubDate>
		<dc:creator>bloom</dc:creator>
				<category><![CDATA[Drugs]]></category>
		<category><![CDATA[Local Issues]]></category>
		<category><![CDATA[drugs]]></category>
		<category><![CDATA[Jefferson Parish]]></category>
		<category><![CDATA[Louisiana]]></category>

		<guid isPermaLink="false">http://www.bloomlegal.com/blog/2010/06/11/drug-ring-busted-in-jefferson-parrish/</guid>
		<description><![CDATA[Last week, the U.S. attorney’s office charged five men for taking part in the trafficking of over 200 pounds of marijuana. Through special investigations by the Drug Enforcement Agency, DEA, and help from an inside informant, a lead was found for something other than marijuana. In Gretna, agents set up a surveillance location that captured [...]]]></description>
			<content:encoded><![CDATA[<p>Last week, the U.S. attorney’s office charged five men for taking part in the trafficking of over 200 pounds of marijuana.  Through special investigations by the Drug Enforcement Agency, DEA, and help from an inside informant, a lead was found for something other than marijuana.  In Gretna, agents set up a surveillance location that captured the suspicious transfer of a large bag from one vehicle to another.  When officers made their arrests, they found two and a half pounds of cocaine in the bag.  The two men arrested were also charged with participation in the marijuana trafficking. </p>
<p>The DEA was able to put away several men who were taking part in the trafficking of a portion of the illegal drugs that go through the greater New Orleans area.  If you or anyone you know has been arrested for charges of drug possession or trafficking, call Bloom Legal at (504) 599-9997 for a free consultation. </p>
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		<title>Louisiana Spends $40 million on Litter</title>
		<link>http://www.bloomlegal.com/blog/2010/05/30/louisiana-spends-40-million-on-litter/</link>
		<comments>http://www.bloomlegal.com/blog/2010/05/30/louisiana-spends-40-million-on-litter/#comments</comments>
		<pubDate>Sun, 30 May 2010 14:34:17 +0000</pubDate>
		<dc:creator>bloom</dc:creator>
				<category><![CDATA[Local Issues]]></category>
		<category><![CDATA[Government Spending]]></category>
		<category><![CDATA[Green]]></category>
		<category><![CDATA[Litter]]></category>
		<category><![CDATA[Louisiana]]></category>

		<guid isPermaLink="false">http://www.bloomlegal.com/blog/?p=486</guid>
		<description><![CDATA[Keep Louisiana Beautiful published a 2009 study that found that the state spends roughly $40 million per year on law enforcement, education, disposal and collection of litter at the municipal, parish and state level. Pete Newkirk, director of the Department of Public Works for Baton Rouge, agreed, “ Litter is kind of a big operation. [...]]]></description>
			<content:encoded><![CDATA[<p>Keep Louisiana Beautiful published a 2009 study that found that the state spends roughly $40 million per year on law enforcement, education, disposal and collection of litter at the municipal, parish and state level. Pete Newkirk, director of the Department of Public Works for Baton Rouge, agreed, “ Litter is kind of a big operation. We pick up litter on a daily basis and year round. It’s expensive, but you have to stay on top of it. … You either have to have to make people not litter or have enough resources to pick it up. Having litter crews, community service workers and prisoners, we keep it under control.” However, this is a lot to cover for a lack of personal responsibility </p>
<p>The report estimates that the Department of Transportation and Development spends nearly $8 million to keep state’s roads clean. Additionally, it is estimated that parish governments spend an equal amount to the DOTD while municipalities spend triple that at $24.5 million annually. Furthermore, these numbers do not include commercial garbage pick up. </p>
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		<title>Motorcycle Safety a Concern In Louisiana</title>
		<link>http://www.bloomlegal.com/blog/2010/05/18/motorcycle-safety-a-concern-in-louisiana/</link>
		<comments>http://www.bloomlegal.com/blog/2010/05/18/motorcycle-safety-a-concern-in-louisiana/#comments</comments>
		<pubDate>Tue, 18 May 2010 19:31:55 +0000</pubDate>
		<dc:creator>bloom</dc:creator>
				<category><![CDATA[Local Issues]]></category>
		<category><![CDATA[Louisiana]]></category>
		<category><![CDATA[Motorcycles]]></category>
		<category><![CDATA[Safety]]></category>
		<category><![CDATA[Traffic]]></category>

		<guid isPermaLink="false">http://www.bloomlegal.com/blog/?p=470</guid>
		<description><![CDATA[A report released by the Governors’ Highway Safety Association last week has drawn attention to what seems to be a growing problem in Louisiana: motorcycle safety. The state’s motorcycle related deaths increased by 28 percent this year to 104 deaths from the 81 in 2008. However, this number is made all the more disturbing by [...]]]></description>
			<content:encoded><![CDATA[<p>A report released by the Governors’ Highway Safety Association last week has drawn attention to what seems to be a growing problem in Louisiana: motorcycle safety. The state’s motorcycle related deaths increased by 28 percent this year to 104 deaths from the 81 in 2008. However, this number is made all the more disturbing by the fact that, nationally, deadly crashes decreased by 10 percent with motorcycle fatalities dropping from 5,290 in 2008 to 4762 in 2009. </p>
<p>Economists and experts have offered many explanations for the decline in motorcyclist deaths nationally. Some include less motorcycle use due to the economic downturn, fewer beginning motorcyclists on the road, increased state efforts on motorcycle safety and poor cycling weather in some areas. </p>
<p>Some reasons for Louisiana’s increase have been discussed and the temporary absence of a motorcycle safety program offered by the state for six months is seen as a major factor. The program was shut down while it was moved from the Department of Education to the Department of Public Safety. These classes, while not required to receive a motorcycle endorsement on your driving license, are attended by roughly 2,000 people each year. Other factors for the state’s jump in road deaths is an increase in the number of alcohol related deaths as well as a longer riding season due to the state’s temperate climate. </p>
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		<title>Gov. Jindal Wants to Get Rid of Lieutenant Governor Office</title>
		<link>http://www.bloomlegal.com/blog/2010/05/05/gov-jindal-wants-to-get-rid-of-lieutenant-governor-office/</link>
		<comments>http://www.bloomlegal.com/blog/2010/05/05/gov-jindal-wants-to-get-rid-of-lieutenant-governor-office/#comments</comments>
		<pubDate>Wed, 05 May 2010 20:14:23 +0000</pubDate>
		<dc:creator>bloom</dc:creator>
				<category><![CDATA[Legislation]]></category>
		<category><![CDATA[Local Issues]]></category>
		<category><![CDATA[Bobby Jindal]]></category>
		<category><![CDATA[Governor]]></category>
		<category><![CDATA[Louisiana]]></category>

		<guid isPermaLink="false">http://www.bloomlegal.com/blog/?p=461</guid>
		<description><![CDATA[Bobby Jindal has not made it a secret that he would like for the Lieutenant Governor office to be abolished in the last few months. With the recent departure of Mitch Landrieu to be the Mayor of New Orleans from the post, he feels that this legislative session would be the perfect time to pass [...]]]></description>
			<content:encoded><![CDATA[<p>Bobby Jindal has not made it a secret that he would like for the Lieutenant Governor office to be abolished in the last few months. With the recent departure of Mitch Landrieu to be the Mayor of New Orleans from the post, he feels that this legislative session would be the perfect time to pass a bill to abolish the post. </p>
<p>	Two bills have been sponsored by State Representative Cameron Henry (R-New Orleans) and supported by the Jindal administration. The first, House Bill 743, proposes to abolish the Lieutenant Governor’s position entirely and would involve a constitutional amendment The bill requires a two-thirds vote to be passed through the legislature and then must be affirmed by the state’s voters in the upcoming Fall election. This seems to be a pretty difficult task to accomplish and, most likely, will not be achieved.</p>
<p>The second, House Bill 812, is companion legislation that would strip most of the Lieutenant Governor’s responsibilities. The Secretary of |State would take over the position of second in line for succession to governor. Furthermore, it would remove the Office of tourism, museums and parks and delegate them to other departments. First, tourism would move to the state Department of Economic Development. Second, museums would fall under the purview of the secretary of state. Finally, the Department of Wildlife and Fisheries would run parks.</p>
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		<title>Pastors Urge “The Mansion” Be Shut Down</title>
		<link>http://www.bloomlegal.com/blog/2010/05/03/pastors-urge-the-mansion-be-shut-down/</link>
		<comments>http://www.bloomlegal.com/blog/2010/05/03/pastors-urge-the-mansion-be-shut-down/#comments</comments>
		<pubDate>Mon, 03 May 2010 19:46:30 +0000</pubDate>
		<dc:creator>bloom</dc:creator>
				<category><![CDATA[Local Issues]]></category>
		<category><![CDATA[Alcohol]]></category>
		<category><![CDATA[Louisiana]]></category>
		<category><![CDATA[Nightclubs]]></category>

		<guid isPermaLink="false">http://www.bloomlegal.com/blog/?p=455</guid>
		<description><![CDATA[Rev. Rusty Durand and Rev. Toney Cooksey, pastor of a church in Pine Grove, are encouraging authorities to shut down a new nightclub, “The Mansion.” The establishment is located east of Montpelier and west of the truck stop casinos on La. 16. However, instead of just calling upon the moral grounds of the community, the [...]]]></description>
			<content:encoded><![CDATA[<p>Rev. Rusty Durand and Rev. Toney Cooksey, pastor of a church in Pine Grove, are encouraging authorities to shut down a new nightclub, “The Mansion.” The establishment is located east of Montpelier and west of the truck stop casinos on La. 16. However, instead of just calling upon the moral grounds of the community, the priests are asking that a recently enacted law be enforced.</p>
<p>	In 2001, St. Helena Parish enacted a law that forbade nudity in bars that sell alcohol mostly in response to the first strip club opening in the parish the previous year, the “Oak Ridge Lounge.” Oak Ridge challenged the law and appealed to Federal District Court and was victorious in several rulings. However, the case settled in 2005 without a final verdict after the Oak Ridge was granted “grandfather” status and allowed to operate in the parish. However, the law prohibited any further development of new strip clubs. </p>
<p>	The new law prohibits “’nudity’ by servers, dancers, waitresses and other employees at retail establishments serving alcohol. Under the regulation, ‘nudity’ is defined as the bare buttocks, genitals, anus or any part of the female breast below the top of the areola.” </p>
<p>	Little appears to be known about The Mansion other than the recent inclusion of a hot tub which was exposed due to construction and that, through online advertisements, they have asked for people to apply for “dancer” positions. Parish attorney Clifton Speed warned to not make swift judgments due to the broad brush which can cover “adult entertainment” and “might mean women dressed provocatively but within the law’s parameters” and cited restaurants such as Hooters as businesses that do this successfully. </p>
<p>However, Police Jury President Thomas Wicker believes the law is quite simple. He sees this ordinance as banning any other strip club in the parish and “probably the wearing of bikinis by employees.” </p>
<p>Another complicating issue in this case is that the building has had many owners but a consistent liquor license since 1997. While it has operated as several names such as “Tallo’s” and “B.J.’s Bar and Grill,” a consistent permit for the structure may offer a possible loophole to be grandfathered in to legality.  </p>
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