A prosecutor's memo provided by Avenatti says an OH illegal touching law can not be enforced because Daniels has only appeared once at the Columbus club.
Police say two other women were arrested along with Daniels early Wednesday.
Avenatti told DailyMail.com Daniels, whose real name is Stephanie Clifford, had been performing on stage when she was arrested. "We will fight all bogus charges", Avenatti said.
OH law states that "no employee who regularly appears" at a business may "knowingly touch a patron".
A police charge sheet tweeted by a CBS News reporter says Ms Daniels touched a police officer posing as a patron "in a specified anatomical area".
Daniels was scheduled to perform at Sirens Gentlemen's Club on Wednesday and Thursday, according to its website.
Avenatti called the operation "a setup and politically motivated".
"I think this is ridiculous, I think it's an absurd use of law enforcement resources", he said Thursday morning talking with MSNBC's Stephanie Ruhle.
During the show, Avenatti said, undercover police officers asked Daniels for permission to place their faces between her breasts, though the attorney declined to release further details about the performance.
Police in Ohio's capital city say the arrest of porn star Stormy Daniels was part of a long-term human trafficking investigation.
Messages were left with the Columbus city prosecutor's office seeking comment. Now, she has spoken out for the first time in a statement through her lawyer.
"According to CNN, Daniels posted the $6,054 bail for 'three misdemeanor counts of illegally touching a patron".
Daniels, 39, filed a lawsuit against Trump and his former personal attorney, Michael Cohen, late past year, seeking to invalidate a nondisclosure agreement that she says barred her from speaking about the alleged affair.
Daniels made headlines worldwide for allegedly having an affair with Donald Trump in 2006 - and for the $130,000 she says she received from his attorney in 2016 in exchange for her silence about the alleged sexual encounter.
Daniels has been the focus of global headlines since it was revealed she received a pre-election payoff meant to buy her silence related to an alleged affair with Trump.