LEWISTON – A District Court judge on Thursday fined Augustine Russo $100 for violating a provision of the city ordinances that bans nudity.

City officials hailed the court’s decision; Russo called it a small victory for his position, noting the fine could have been as much as $1,000.

Police had cited Russo in April, saying that two of his barmaids were violating the ordinance because they had served drinks to customers at Boondoggles, the Pine Street nightspot Russo owns, while topless except for hardened liquid latex over their nipples.

Meanwhile, Russo’s challenge to the city’s actions awaits a municipal response, which is due by next week. A Superior Court judge will hear that appeal, which challenges the Lewiston City Council’s right to rescind a special entertainment license issued to Russo that allows music and dancing at his Pine Street nightspot.

The council’s action followed the police-issued citation for the topless bar service.

Russo contends that the city ordinances don’t specifically bar nudity.

David Bertoni, the lawyer who represented the city Thursday, said the court found otherwise.

“I think the court looked at the ridiculousness of the argument,” he said, and found in the city’s favor.

City Administrator Jim Bennett said he was pleased by the ruling, adding that it’s the duty of city employees to carry out the policies set by the City Council.

“I wasn’t surprised by the judge’s ruling,” said Police Chief Bill Welch. He said police will continue to enforce city ordinances – including those dealing with nudity – but added that the Boondoggles case was unique.

There aren’t any other bars in the city that offer topless service to patrons, he noted.

Russo, though, charged that the city is waging a crusade designed to put him out of business. After the city yanked his special entertainment license in April, he says his profits are off “99 percent” and that it’s costing him $3,000 a month in expenses to keep his doors open.

He’s fighting the city over its ordinances, he says, “as a matter of principle. My parents taught me that when I’m right, I shouldn’t back down.”

Russo says that the way Boondoggles was operating earlier wasn’t wrong.

“It’s not like we were dealing drugs out of here, or running a prostitution ring,” he said.

Now, he says, the business is for sale, and to try to fill his room he’s offering chem-free nights on Wednesdays, Fridays and Saturdays for youths under 21. He can have a DJ on those nights and offer entertainment, he says, because he isn’t serving alcohol then.

“It’s my service to the community, to give kids someplace to come and hang out,” he said of his Club Bounce business.

Bertoni, the city’s lawyer, said Lewiston will file a response to Russo’s challenge to the council’s rescinding his entertainment license by the July 23 deadline. After that, Russo has a couple of weeks to reply to the city’s response.

A court hearing on the issue might not take place until early autumn, Bertoni said.