Billy Dean’s hearing Friday

The Town of Hempstead will be seeking to have dismissed on Friday the case against it for denying a cabaret license for a proposed club on Sunrise Highway in Wantagh.

Last year, Billy Dean’s filed a civil suit against the town, claiming its rights were violated when its application was denied. Billy Dean’s, which already operates the Showtime Café in Bellmore, was seeking to open a second location on the southwest corner of Sunrise Highway and Oakland Avenue. The lawsuit claimed that cabaret is a constitutionally protected form of entertainment.

Town officials responded that the business was inappropriate for the location because of its proximity to a residential neighborhood.

Both sides are expected to make their cases on Friday in U.S. District Court, Eastern District of New York in Brooklyn, with the town seeking to have the suit dismissed. The hearing was originally scheduled for Dec. 4, but was delayed a week. If the suit is not dismissed, a trial could be begin early next year.

“We do not believe that there is any merit to the town’s motion to dismiss the case,” said Erica Dubno, attorney for Billy Dean’s. “William Dean should prevail because the town and the defendants, including Supervisor Kate Murray, have engaged in a pernicious pattern of misconduct and ongoing conspiracy to violate the Plaintiffs’ constitutional rights.”

Town officials expressed their confidence that the judge will rule in their favor on Friday. “Hempstead Town is confident that our denial of a cabaret permit for the site at 3500 Sunrise Highway, commonly referred to as Billy Dean’s, was right on the law and right for the communities of Wantagh and Seaford,” said Councilman and Supervisor-elect Anthony Santino. “We believe that the town’s position will be upheld again.”