The popular Pinal County steakhouse San Tan Flat will take another spin in court this week.

Court date on dancing set for San Tan Flat

A hearing is scheduled Wednesday before Pinal County Superior Court Judge William O'Neil to determine if a 1960s dance hall ordinance applies to the restaurant, which was found in violation of the law by the County Board of Supervisors and a county hearings officer.

Institute for Justice attorney Jennifer Perkins, who represents San Tan Flat owner Dale Bell, said attempts by Pinal County to portray San Tan Flat as a dance hall are "irrational" and "speak to the government's abuse of power."

"All of us have in our minds what a dance hall is," she said. "It's an antiquated term. San Tan Flat is not a dance hall."

She said county officials are "creatively interpreting an ordinance to harass a business."

The open-air venue is south of Queen Creek along Hunt Highway, and 99.75 percent of the establishment's sales come from food and drinks, Bell said. The other small percentage of revenue comes from pool table use and T-shirt sales, but nothing is charged for dancing or music, he said.

Perkins said if the court upholds the Board of Supervisors' decision that San Tan Flat is a dance hall, it could have broader implications because there are many venues in Pinal County that would fall under the "dance hall ordinance."

"As the county says, they could morph, evolve or transform into a dance hall without ever hoping or intending to do so," she said.

Pinal County spokeswoman Heather Murphy has said this issue is not about dancing, but rather the specific type of zoning that was applied for by San Tan Flat. Pinal County has concerns about compatibility issues between the business and surrounding property owners, she said.

People living in the area have long complained about noise during live music performances at San Tan Flat, but noise is not a part of the charge against Bell, and San Tan Flat has never violated the county's noise ordinance.

In October, O'Neil stayed a $700-a-day fine the restaurant owners could have faced for every day someone dances in their outdoor courtyard.

For now, San Tan Flat patrons can dance legally.

The hearing is expected to be about an hour, with 30 minutes given to Perkins and the other 30 minutes given to Deputy County Attorney Seymour Gruber to make arguments. A ruling is not expected Wednesday.

Perkins said if O'Neil rules in San Tan Flat's favor, that would mean San Tan Flat is not a dance hall in the eyes of the county and then she, along with her client, would determine if there's anything left to their constitutional claims.

If O'Neil rules in favor of the county, Perkins said they will explore the constitutionality of the ordinance and the county's treatment of Bell.