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Clubs: Kansas Bill would strip rights; Measure would impose alcohol ban, curfew on nude bars

Kansas- A new bill heavily restricting Kansas’ nude bars is no tease.

The proposal would strip clubs of many rights they currently enjoy — no more lap dances, no late nights, no more alcohol.

Topeka establishments say the measure infringes on their constitutional rights. But the bill states its intentions aren’t to trample on free expression but rather to prevent the “deleterious secondary effects of sexually oriented businesses.”

The House Federal and State Affairs Committee will hear testimony on the bill today.

The measure would prohibit a sexually oriented business — defined as an adult book or video store or a strip club — from locating within 1,000 feet of a school, church, day care facility, public library, park or a private residence. That sounds reasonable to Mike Merriam, an attorney representing Club Orleans and Baby Dolls in Topeka.

It is the other provisions that are problematic, he says.

The bill, drafted by Rep. Lance Kinzer, [pictured] R-Olathe, would ban exotic dancers from performing fully nude and would prohibit them from dancing within six feet of any patron — essentially outlawing what is known as lap dancing.

The country’s courts have said restrictions on expression or speech must be limited to time, place and manner and can’t place limits on those rights based on the content.

“This bill is all about content,” Merriam said.

Kinzer didn’t respond to numerous phone messages for comment, but the early provisions of his bill say the bill doesn’t have “the purpose nor effect of imposing a limitation or restriction on the content.” Instead, its purpose is to “promote the health, safety and general welfare of the citizens of Kansas.”

The legislation would peel away other rights afforded strip clubs.

Those businesses, for instance, couldn’t operate between midnight and 6 a.m. or serve alcohol. The bill also bans anyone convicted of a sex crime, certain drug offenses or tax evasion from owning a strip club or adult book store.

Today’s hearing could provide for good theater as legislators discuss legislative language usually consigned to late-night cable. Certain provisions provide a distinction between nude and semi-nude, while other items detail the nuances of cleavage.

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