8 comments

Missouri strip club law questions

Oct 26, 2011, 3:09 PM

It's been in force awhile now but today I got interested in just how it is legal to ban nudity in strip clubs in Missouri so I'm hoping some of you could help.

As far as I can tell, it's completely legal to be topless in public in the state of Missouri and maybe even fully nude in certain circumstances. This is the only law I can find:

"Exposes his or her genitals under circumstances in which he or she knows that his or her conduct is likely to cause affront or alarm"

I've seen a couple sites that do say it is in fact legal to be topless in Missouri. If this is the only law on the books, then it's also legal to be nude in any places where someone wouldn't be shocked by your nudity. For example, a nude beach (or a strip club).

Now, that doesn't mean that Missouri can't enforce different laws in "sexually-oriented businesses" BUT if you look at Barnes vs Glen Theatre, Inc, the supreme court used the O'Brien Test to determine whether the Indiana law was constitutional. The supreme court decided that because Indiana banned ALL public nudity then it was okay to ban nudity in a strip club because they weren't discriminating against erotic dancing. So, if that's the reasoning behind the Indiana law being deemed constitutional, how would that hold up in Missouri? The laws single out and require more clothing inside a strip club than a dancer could legally wear when outside smoking a cigarette.

Here is the Missouri law: moga.mo.gov starting at 573.525.

Also, with the same idea, are lap dances considered free speech? Lap dances are legal anywhere that is not considered a "sexually-oriented business" so doesn't the same idea apply for lap dances as well as nudity?

Another question: On their website, Million Dollar Fantasy Ranch says they have nude full contact lap dances in a bus in the parking lot. Is that legal because a bus isn't considered a "commercial establishment" either because it's not a building or doesn't have a permanent address? (I can't seem to find the definition of a commercial establishment anywhere)

Obviously, I don't have a background in law so hopefully someone in here does and can enlighten me.

comments (8)

deogol14 years ago

There are a lot of confusing things going on in America right now.

gatorfan14 years ago

Don't fuck your sister in Missouri.

crazyjoe14 years ago

So you can fuck your sister in Arkansas?

thesamurai14 years ago

Perhaps the restrictions in that state are mostly done at the local level through ordinances or something?

rrbill14 years ago

The 21st amendment trumps the first. Clubs which have liquor sales are subject to pure state jurisdiction. The case, LaRue v. California, stated that you may have a right to doff your duds in public, but no right to sell booze while you are doing it.

ifmarketa14 years ago

But this law involves juice bars. It makes it illegal to serve alcohol in a "sexually oriented business" which means it's illegal to wear less than a bikini in a strip club that serves alcohol. However, juice bars have a lot of restrictions as well.

"3. No person shall knowingly or intentionally, in a sexually oriented business, appear in a state of nudity."

#3 has nothing to do with alcohol. A dancer can either be topless or bottomless in a juice bar but not both.

So, again, it's perfectly legal to be nude in a public place where it doesn't "cause affront or alarm" which would clearly not be the case inside the strip club. That means that they are singling out nude dancing within strip clubs which means this law doesn't pass the O'Brien Test. Right?

Also, if nudity is allowed in public, I don't see how they can restrict distance between dancer and patron while semi-nude. You literally have to be 6 feet away from a topless woman inside a strip club but if you both go out onto the sidewalk, you can grab some titty and it's completely legal (as long as she consents, of course). Same idea with the hours, other businesses can be open. An art show can have topless women next door 24 hours a day but the strip club has to close at midnight. I don't see how anyone can not see that it's singling out erotic dancing which violates free speech rights.

ifmarketa14 years ago

Actually, sorry, I got some of that wrong. You can't be bottomless, I guess that's a rumor I never checked out.

mmdv2614 years ago

The recent changes (for the worse) in the Mo. adult entertainment law have been appealed to the Mo State Supreme Court. I think they are expected to rule in November.