Ohio- A federal court hearing began Friday to determine the constitutionality of Ohio’s law that bans strippers from touching patrons and restricts business hours for adult-oriented establishments.
Lawyers representing strip clubs and adult book and video stores argue that the law, which was passed in May, violates constitutional rights of free speech and expression. They also say the law should be voided because it is too vague.
The adult businesses have asked U.S. District Judge Solomon Oliver Jr. to issue a restraining order or injunction that would keep the state from enforcing the restrictions, which went into effect Sept. 4.
But Scott D. Bergthold, a lawyer representing the state and cities that must enforce the restrictions, said appellate courts have upheld the constitutionality of similar laws across the country.
The Ohio law makes it a misdemeanor for patrons and semi-nude or nude strippers to touch one another. Under the law, adult-oriented businesses must close at midnight if they don’t serve alcohol. Those that serve alcohol can remain open after midnight, but dancers must wear clothes.
The legal battle is the latest effort by the adult industry in Ohio to challenge the law. The faction tried to put the issue before voters in this month’s election but failed to obtain enough signatures to get the measure on the ballot.
Citizens for Community Values, a Cincinnati-based conservative group that pushed for the law, argued that the restrictions would curb prostitution and illegal drug use and decrease blight in neighborhoods where strip clubs operate.
To counter this argument, lawyers for the adult businesses on Friday called on a social psychologist to testify on the validity of studies that link adult-oriented businesses to crime.
Daniel Linz, a professor at the University of California at Santa Barbara, said those studies – which cities around the country have turned to when considering similar laws – were scientifically unsound and an “inconclusive body of evidence.”
Bergthold challenged Linz’ credibility by pointing out that Linz had no background in criminology.
Lawyers for the adult-oriented businesses also called on anthropologist and dance researcher Judith Lynne Hanna of the University of Maryland. Hanna said exotic dancing is a serious and legitimate art form and that restricting touch hinders expression.
“You’re essentially killing exotic dancing,” Hanna said.
Hanna noted that artistic performances, such as those of the internationally renowned Pilobolus dance company, also feature nude or semi-nude dancers and touching.
The hearing continues Monday.