The documented states, "In this case, there has been no evidence provided to the State that Defendant appears or has appeared regularly at Sirens", referring to Sirens Gentleman's Club, the Columbus strip club where the incident took place.
Daniels, whose real name is Stephanie Clifford, was set for arraignment on Friday (Saturday NZT) on three misdemeanour counts of touching a patron at a "sexually oriented" business in violation of an OH strip club law.
Daniels, whose real name is Stephanie Clifford, was arrested and charged in the early hours of Thursday after being accused of touching three customers, who turned out to be undercover detectives, police in the city of Columbus say. "We will fight all bogus charges", Avenatti said on Twitter.
Prosecutors say the "touching" statute only applies to strippers who "regularly appear" at the establishment.
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Mr Avenatti wrote: "This was a setup & politically motivated".
"It was an absurd use of law enforcement resources", Avenatti said.
Daniels has been on tour since last winter, appearing at strip clubs across the United States, and had been due to perform again at Sirens on Thursday night.
The Columbus Police Department said in a statement that Daniels was one of three women arrested at the club.
Representatives for the Columbus Division of Police did not immediately respond to ABC News' request for comment. After Stormy's performance, she and the other 2 were arrested at the same time. Was someone in the chain of command a Trump fan who wanted to exact a little revenge on Daniels for hassling the president, or was this a more mundane thing in which the vice squad chose to seize an opportunity to advertise a zero-tolerance policy by busting the most famous stripper in America after she showed up in their jurisdiction? Her initial lawsuit against Trump was for not signing their initial "hush agreement", and she insisted she only wanted to speak out about her affair, and so was attempting to find a way that would legally protect her in doing so.
Daniels has been embroiled in a legal controversy with Trump over their alleged 2006 encounter, which he has repeatedly denied.