A company that wants to open an exotic dance club in Homestead filed a lawsuit against the borough yesterday in federal court.

Bottoms Up Enterprises Inc., along with Island International Ventures LLC, filed the 21-page complaint, claiming that borough council members passed a restrictive law regarding adult entertainment after they learned of plans to open "Scores," at 145 E. Eighth Ave.

Bottoms Up signed a sales agreement for the $660,000 lease-purchase of the property in June 2006.

Company officials made a presentation to council in May 2006 regarding their plans, and they claim some borough council members leveled "unprofessional and abusive criticism," at them.

After the presentation, the lawsuit contends, council members expanded their adult entertainment regulations.

Among the new rules, passed July 13, 2006, there is now a 1 acre-minimum lot area required for adult venues; special distance requirements between dancers and patrons; and a no-tipping policy, the lawsuit says.

Among the claims in the lawsuit are prior restraint from freedom of expression; and that the regulations cause a "chilling effect on constitutionally protected speech."

The lawsuit said that Homestead's own attorney warned council that there would be constitutional issues if it passed the new regulations, but it did so anyway. Additionally, the plaintiffs claim that council never properly noted the proposed changes in the council agenda.

They went on to say that there was no public hearing in which evidence was presented to show "adult uses had any greater negative impact" than any other specific use to support the borough's restrictions.

The plaintiffs claim that the borough's regulation prevented "the presentation of any expressive nudity whatsoever."

They have asked for a preliminary injunction.