Chicago- The city law that bars nude dancing at establishments that serve alcohol does not violate the U.S. Constitution, the Illinois Supreme Court ruled Thursday.
While nude dancing can sometimes constitute free expression protected by the 1st Amendment, the city has the right to address the social ills that can result from allowing nude dancing where alcohol is served, Justice Lloyd Karmeier wrote for the majority.
Those secondary effects, which the court said include prostitution and other crime, can be “serious and pervasive,” Karmeier wrote. “The ordinance goes no further than is essential to further the city’s objective.”
The case stemmed from the city’s efforts to revoke the liquor license of Pooh Bah Enterprises Inc., which ran what the court called a “so-called `gentlemen’s club'” at 1531 N. Kingsbury St. on the Near North Side.
Under the club’s rules, dancers wore thongs, latex and flesh-toned makeup. However, “testimony from investigating police officers indicated that, in person, one could sometimes see through the makeup and latex,” Karmeier wrote.
City officials fought to revoke the club’s liquor license and other permits in 1993 and again in 1999.
But that effort was stymied in 2001, when a Cook County judge declared the city’s ordinance to be unconstitutional. An appeals court later reversed that decision, and the state Supreme Court agreed to hear the case.
Over the years, the club did business under names such as Thee Dollhouse and The Crazy Horse Too. But the club is now known as VIP’s, A Gentlemen’s Club, the court said.
Lawyers for Pooh Bah could not be reached Thursday for comment.
City officials said Thursday that they were pleased with the court’s decision. The court’s ruling sends the case back to the trial judge to resolve other issues related to Pooh Bah’s license.