the webmaster notes their is so much bad news and so little good news. but this is a nice piece of good news.
http://www.freedomforum.org/speech/1999/12/30clubs.asp
Federal judge strikes down Nashville, Tenn., law regulating strip clubs
By The Associated Press
12.30.1999
NASHVILLE, Tenn. A federal judge says the city cannot enforce an adult entertainment ordinance requiring, among other things, that customers stay at least three feet away from topless dancers.
U.S. District Judge Thomas Higgins struck down a 1997 ordinance that required the three-foot rule and made sexually oriented businesses apply for a license and close by 3 a.m.
The city, which has 30 days to appeal the decision, also was ordered to pay the plaintiff's legal fees amounting to more than $350,000.
"My clients are pleased that form of governmental regulation is not breathing down their necks," said John Herbison, attorney for the plaintiff, Deja Vu of Nashville Inc.
Deja Vu, which bills itself as a "gentleman's club," had applied for a preliminary injunction against enforcement of the ordinance. Higgins made the injunction permanent on Dec. 21 and barred the city from enforcing the ordinance.
"I still believe this community wants to have some reasonable regulations for these types of establishments," City Councilman Chris Ferrell said.
"We will evaluate whether it is in our best interest to appeal this or draft a law we think will be constitutional," he said. "We've learned a lot in this process and we thought we were being responsible in correcting whatever problem the judge had with the law."
The city still has the ability to regulate sexually oriented businesses through its zoning ordinance. Such businesses can locate only in the adult entertainment area within the downtown business district. They also can't locate within 500 feet of any church, school or park, nor can they be any closer than 150 feet to another adult business.
First Amendment experts say topless dancing is a protected form of free speech.
"Some government ofcials tend to pass these regulations just because they dislike these businesses, which is one of the dangers," said David Hudson, attorney at the First Amendment Center at Vanderbilt University.
"On the other hand, government should have the power to regulate. You just hope they don't totally ignore the First Amendment."
Related
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