Owner of "King of Clubs" files counter suit

Monday, a Memphis strip club closed down because of prostitution arrests tried to turn the tables on District Attorney Bill Gibbons.

On December 22, 2005, The King of Clubs was padlocked by Gibbons amid allegations of prostitution. A few weeks, later a Judge Larry Potter told the club it could re-open. It did, and now prosecutors say there are four new allegations of prostitution at the club, just a week after Potter said it could re-open.

"I'm not happy with these allegations," Potter said in court Monday. "I want you to know."

The owner of King of Clubs, Jerry Westlund, was back in court with his attorneys facing permanent closure of his club. But Judge Potter said a recent decision by the Tennessee Court of Appeals that forces prosecutors to give a business five days notice before closing them down prevented him from granting the prosecution's request.

"Court has no choice but to dismiss it the petition to close the business permanently," Potter said.

Prosecutors plan to file an amended petition to permanently close King Of Clubs.

"I think its absolutely disgraceful that a business which is obviously nothing more than a house of prostitution is operating," said Prosecutor Valerie Smith.

Westlund and his attorney refused to comment, but they did launch a volley last week in lawsuit filed against D.A. Bill Gibbons asking for $45,000 per week because the business was padlocked and closed by Gibbons. They claim it is a violation of law. They also want $3,500, an amount they claim was missing from a desk in the club after it was closed.