Charter challenges to regulations of
nude dancing have failed to date.
This one said that the ban on
nude dancing was not content-based, which meant that the connection between the dancing and bad conduct didn't have to be nearly as strong.
Reason: In 1990 you wrote a famous concurring opinion in a case involving
nude dancing, arguing that it has limited protection under the First Amendment.
The Supreme Court of Pennsylvania agreed, noting that
nude dancing is an expressive act entitled to "some quantum of protection under the First Amendment." The Pennsylvania court relied on a 1991 U.S.
If the only way to exclude
nude dancing from the protection of the amendment is to exclude all nonpolitical art and literature as well, the price is too high."
Supreme Court and the Oregon Supreme Court agree that
nude dancing is a form of expression protected by constitutional free speech provisions.
Also in the spring, the Worcester City Council approved changes to its adult entertainment zoning ordinance to try to head off a possible legal challenge from a Main Street nightclub owner who said he wanted to offer
nude dancing.
They were told to limit
nude dancing to three nights a week and were banned from advertising.
When opened in September, the Passion Cafe will feature 120 girls, offering table-side dancing and full
nude dancing on stage.
In a preliminary review of the Williams case, a judge observed that the city had offered "no reason why a unique architectural design, expressing [the homeowner's] 'personal views and attitudes,' is not as worthy of First Amendment protection as 'live
nude dancing.'"
Nor is it to decide if
nude dancing is appropriate in downtown Springfield - the Oregon Supreme Court has made it clear that the state constitution's free speech protections cover
nude dancing.
Robichaud wants to offer
nude dancing at his nightclub, but such entertainment is prohibited in the downtown under the current zoning ordinance.