Judge upholds law for Ohio strip clubs
yndy
Maryland
Adult entertainment owners, trade group fail to get state's 'no-touch' rule declared unconstitutional
By Phil Trexler
Beacon Journal staff writer
Published on Tuesday, Jun 23, 2009
A federal judge has upheld Ohio's ''no-touch'' law for strip clubs in Akron and around the state.
A group of adult entertainment owners and the Buckeye Association of Club Executives, a not-for-profit trade group that represents cabarets and adult bookstores, had sued in U.S. District Court seeking to have the state's no-touch law declared unconstitutional.
Akron was among several cities and counties named as defendants in the lawsuit filed in October 2007. The suit came in reaction to new state laws covering exotic dance clubs and adult bookstores.
Judge Solomon Oliver Jr., in a 45-page decision released Monday, granted motions by local government attorneys to have the suit dismissed.
A message left with Berkman, Gordon, Murray & DeVan, a Cleveland law firm representing the adult entertainment groups, was not returned.
Oliver found that the state law that bans exotic dancers and customers from touching each other does not violate First Amendment or other constitutional rights of the business owners.
The judge also upheld the state law that limits the hours of operation for adult clubs that serve liquor.
Oliver disagreed with claims from club owners that the ''no touch'' law violated freedom of speech guarantees.
He also disagreed with arguments that the ban is overly broad and could be applied to ballet dancers or other mainstream theatrical performers.
''Indeed, there is no evidence before the court that musicals such as Hair are characterized by an emphasis on specified sexual activities or anatomical areas,'' the judge wrote in his decision.
Phil Trexler can be reached at 330-996-3717 or [email protected].
A federal judge has upheld Ohio's ''no-touch'' law for strip clubs in Akron and around the state.
A group of adult entertainment owners and the Buckeye Association of Club Executives, a not-for-profit trade group that represents cabarets and adult bookstores, had sued in U.S. District Court seeking to have the state's no-touch law declared unconstitutional.
Akron was among several cities and counties named as defendants in the lawsuit filed in October 2007. The suit came in reaction to new state laws covering exotic dance clubs and adult bookstores.
Judge Solomon Oliver Jr., in a 45-page decision released Monday, granted motions by local government attorneys to have the suit dismissed.
A message left with Berkman, Gordon, Murray & DeVan, a Cleveland law firm representing the adult entertainment groups, was not returned.
Oliver found that the state law that bans exotic dancers and customers from touching each other does not violate First Amendment or other constitutional rights of the business owners.
The judge also upheld the state law that limits the hours of operation for adult clubs that serve liquor.
Oliver disagreed with claims from club owners that the ''no touch'' law violated freedom of speech guarantees.
He also disagreed with arguments that the ban is overly broad and could be applied to ballet dancers or other mainstream theatrical performers.
''Indeed, there is no evidence before the court that musicals such as Hair are characterized by an emphasis on specified sexual activities or anatomical areas,'' the judge wrote in his decision.
Phil Trexler can be reached at 330-996-3717 or [email protected].
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maybe the clubs will start to lower the price of 'lap' dances because of this (I doubt it though, wishful thinking!)
While enforcement and interpretation does vary, one common result seems prevalent, things seem to button up more at midnight--literally.
You can still have fun, but it's something we all have to watch. Basically it's an attack on our personal liberties which I expect will go all the way to the supreme court. It was brought on by some right wing religious nut who went overboard at SCs and ruined his marriange and life, so his sel-imposed pennance is ruining it for everybody else. Our Goveernor should have vetoed this law, but he played for the nut votes dnd didn't--end he's a Democrat! Convention business is hurting in Ohio, businesses are even leaving the state. Maybe because it's we've become such an Puritan zone here.
(Hey Samsung, in Cle the local LF Hustler Club did lower it's exhorbitant pricing because of the downturn ,before it closed. It may re-open in a new building (part of an eminent domain settlement), but we'll see if the economy makes them hesitate.)
Stay tuned. We will persevere!