In case similar to Detroit, Court upholds Kentucky ordinance
samsung1
Ohio
Cincinnati Enquirer
A law that helped rein in the once thriving adult entertainment business in Northern Kentucky survived another court challenge this week.
The U.S. 6th Circuit Court of Appeals upheld the Kenton County law after rejecting claims that it violated the First Amendment and imposed unreasonable licensing fees on the owners of strip clubs.
The Kenton County Fiscal Court approved the law in 2004 and it quickly became a model for similar laws in other Northern Kentucky communities, including Boone and Campbell counties.
The number of adult businesses and clubs in Northern Kentucky has fallen steadily since the mid-1990s as government officials tightened zoning laws and other rules limiting where and how clubs can do business. The law upheld this week requires an annual $3,000 licensing fee and bars dancers from mingling with customers for at least one hour after their performances.
Only a few clubs remain today in Covington and Newport - once home to dozens of them - and those left feature tamer shows with dancers who don't remove all of their clothing.
"It's fair to say Kenton County no longer has any sexually oriented businesses," said Kenton County Attorney Garry Edmondson.
The county's law came under fire from club owners soon after it was approved six years ago and has been tied up in court ever since.
Several club owners sued the county, claiming the law was unconstitutional because the fees and the new rules violated their free speech rights. Attorneys for the owners could not be reached Friday, but they have argued the fees are excessive and an attempt to illegally tax "content," or speech.
The 6th Circuit judges previously found most of the law was constitutional, but the judges sent the case back to U.S. District Court for another hearing on whether the fees were excessive.
The district court found the fees were justified because they covered the expense of conducting the background checks and investigations needed to evaluate license applications.
The appeals court agreed in a ruling published Wednesday.
"We conclude that these costs do not offend the First Amendment," wrote Judge Richard Griffin, who was joined in the ruling by judges Ralph Guy Jr. and Judith Barzilay.
The club owners could seek another hearing before all of the 6th Circuit judges or they could appeal to the U.S. Supreme Court.
http://news.cincinnati.com/article/20101…
http://twosheds.com/clubBB/viewtopic.php…
A law that helped rein in the once thriving adult entertainment business in Northern Kentucky survived another court challenge this week.
The U.S. 6th Circuit Court of Appeals upheld the Kenton County law after rejecting claims that it violated the First Amendment and imposed unreasonable licensing fees on the owners of strip clubs.
The Kenton County Fiscal Court approved the law in 2004 and it quickly became a model for similar laws in other Northern Kentucky communities, including Boone and Campbell counties.
The number of adult businesses and clubs in Northern Kentucky has fallen steadily since the mid-1990s as government officials tightened zoning laws and other rules limiting where and how clubs can do business. The law upheld this week requires an annual $3,000 licensing fee and bars dancers from mingling with customers for at least one hour after their performances.
Only a few clubs remain today in Covington and Newport - once home to dozens of them - and those left feature tamer shows with dancers who don't remove all of their clothing.
"It's fair to say Kenton County no longer has any sexually oriented businesses," said Kenton County Attorney Garry Edmondson.
The county's law came under fire from club owners soon after it was approved six years ago and has been tied up in court ever since.
Several club owners sued the county, claiming the law was unconstitutional because the fees and the new rules violated their free speech rights. Attorneys for the owners could not be reached Friday, but they have argued the fees are excessive and an attempt to illegally tax "content," or speech.
The 6th Circuit judges previously found most of the law was constitutional, but the judges sent the case back to U.S. District Court for another hearing on whether the fees were excessive.
The district court found the fees were justified because they covered the expense of conducting the background checks and investigations needed to evaluate license applications.
The appeals court agreed in a ruling published Wednesday.
"We conclude that these costs do not offend the First Amendment," wrote Judge Richard Griffin, who was joined in the ruling by judges Ralph Guy Jr. and Judith Barzilay.
The club owners could seek another hearing before all of the 6th Circuit judges or they could appeal to the U.S. Supreme Court.
http://news.cincinnati.com/article/20101…
http://twosheds.com/clubBB/viewtopic.php…
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3 comments
If I was a lawyer, I'd be asking those questions in appeals. In addition, I'd raise an ugly specter. Clubs costs go up. Club charges dancers more in tip outs. Dancers do extras to pay tip out. Why are governmental agencies forcing dancers into illegal activities ?
I think the knobs that thought up the law think the clubs will charge customers more.
They're not, moron. These restrictive laws are meant to shut strip clubs down...baring dancers from mingling with customers for at least an HOUR after their stage performances? Who would want to work at a club like that??