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Missouri Nude dancing law challenged

Kansas City – As expected, the adult entertainment industry on Monday launched a constitutional challenge to a new Missouri law banning full nudity and lap dances in strip clubs.

In a lawsuit filed in Cole County Circuit Court, the industry contended that the law violates the Missouri Constitution because it is unrelated to the original purpose of the bill, which was to toughen the state’s drunken driving laws. The state constitution says that bills cannot be amended to change their original purpose.

“We’re hopeful that the court will quickly rule on this,” said Kansas City lawyer Dick Bryant, an attorney for the industry. “We’re looking for it to give us a preliminary and permanent injunction that will allow us to carry on the business of constitutionally protected First Amendment expression.”

Plaintiffs in the suit are the Missouri Association of Club Executives, which represents adult-entertainment businesses; Scope Pictures of Missouri Inc., which operates the Bazooka’s strip club in Kansas City; Passions Video Inc., a video and magazine chain based in Boonville, Mo.; a sales clerk at one of Passions’ stores; three strip club dancers; and a strip club patron identified only as John Doe.

The sales clerk, dancers and patron, who is described by the suit as “a real person who wishes to keep his identity private for purposes of this litigation,” are all under age 21. The law also prohibits customers and employees younger than 21 at adult-oriented establishments.

The sole defendant is the state of Missouri.

The suit says the plaintiffs will suffer irreparable injury and harm if the law is allowed to take effect, “including loss of business and income, additional expense, restriction of freedom of expression and other injuries.”

The dancers also assert that “the human body is a beauty of nature’s creation and that the open nude dancing performed by them and before consenting adults is a beneficial social activity that creates improved self-image for them and enjoyment for the person watching.”

“Plaintiffs wish to continue dancing and expressing themselves in this manner,” they state, “and believe that part of the beauty and meaning of the expression and its appreciation by those viewing it will be lost if they cannot continue to express themselves in this manner.”

Responding to the suit, Scott Holste, a spokesman for the Missouri attorney general’s office, said: “I’m afraid we’ll have to leave the colorful stuff to other folks who are involved with this and just say that we will defend the constitutionality of this statute, as we have the constitutionality of other statutes that have been challenged. We’ll have to leave it at that.”

The legislation, which was signed by Gov. Matt Blunt on July 13 and will take effect Aug. 28, bans nudity and requires seminude employees to remain at least 10 feet from customers and behind a 2-foot-high railing. It also prohibits employees from touching customers.

The law is the latest in a series of restrictions imposed on adult entertainment businesses in Missouri.

A 2003 law raised the minimum age for nude dancers from 18 to 19. A court challenge was dropped after the dancers who brought the suit turned 19.

A law enacted last year bans sexually oriented billboards within a mile of state highways. That law recently survived a constitutional challenge.

A provision tacked onto the law that was challenged Monday would have required sexually oriented businesses to pay a 20 percent tax and charge a $5 admission charge. The provision, however, was dropped from the final legislation.

 

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