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<br />- ;_ _ .. <br />..,, --~-- _-.T- .- <br />__ <br /> <br /> <br />- .:: , <br />_. __ <br />z: -. ~ :. <br /> 1-.c~,,,,tr,,,,~--~-. C- <br /> <br />' <br />~ lion. Because nude dancing is pro- <br />= ° ~ - <br />- tected expressive conduct, the city's <br /> t Ruhn lets Clues fires s U regulation of nudity in bars may be <br />accomplished constitutionally if the <br /> <br />nude dancn restrictions regulation has only incidental impact <br />~ ~ eedom of expreg ion an <br />d if the <br /> yp <br />re lation controllin this t e of <br /> expressive conduct is reasonable as to <br /> <br />~.A12L.AHEYL time, place, and manner. <br />This means that the prohibition must <br /> - ~ - be narrowly drawn. The Supreme <br /> ` <br />-_ . _ _ Court affirmed the ordinance in the <br />' City of Coates' case which did not <br /> prohibit dancing, nor dancing in bars, <br /> <br />The Minnesota Supreme Court recently issued an opinion upholding a nor dancing in bars with minimal <br /> covering of sexually explicit body parts. <br />I city's power to prevent nudity in licensed liquor establishments. This The ordinance did not impair whatever <br /> <br />case effectively gave the city authority to prohibit all nudity in bars, non-obscene erotic message the dancers <br />i were seeking to express. The curtail- <br /> including nude dancing. Numerous cities have already been regulating ment of free expression must be <br /> <br />nudity, including nude dancing, through their liquor license regulation nominal and incidental and insufficient <br /> to cancel the public welfare concerns of <br /> and by requiring nude dancers to be behind glass walls so that patrons the community when prohibiting nudity <br /> <br />c:aritiot physically touch them. However, the decision by the Supreme in licensed liquor establishments. <br />In many situations a licensed liquor <br /> Court in Knudtson v. City of Coates, provides limitations to cities' abilities to establishment may have a symbiotic <br /> <br />regulate nude dancing solely. relationship with nude dancing, sharing <br /> the same regulated hours of activity and <br /> the same premises. The consumption <br /> of liquor adds to the ambience and to a <br /> Nude dancing is protected under the ment for sexual harassment, even if it is relaxation of inhibitions. For these <br /> First Amendment of the Constitution of viewed as adult entertainment. Even if • reasons, cities have the ability to <br /> the United States and also under nudity is prevalent in advertising, prohibit the combination of liquor, <br /> Minnesota's Constitution. However, movies, and videos, it does not follow nudity, and sex when issuing liquor <br /> this type of free speech expression may that nude dancing in bars must be licenses and drafting liquor regulation <br /> be limited if there is a significant state allowed. The physical immediacy for ordinances. Nude dancing must be <br /> interest, if the regulation is not directed the onlooker in the bar is what distin- permitted in various other defined areas <br /> at the content of the speech, if other guishes this type of prohibition from in a city, but it maybe prohibited in <br /> forms of expression are available, and if prohibiting other nude performances in licensed liquor establishments when all <br /> there is a reasonable time, place, and public forums other than licensed nudity is prohibited in these bars. <br /> manner restriction. liquor establishments. <br /> It is clear that cities may not solely Another reason for prohibiting Carla Heyl is senior staff attorney <br /> prohibit nude dancing in public places. nudity in bars includes the fear that the with the League of Minnesota Cities. <br /> Nor may cities solely restrict nude combination of alcohol and nudity will <br /> dancing even in licensed liquor lead to criminal activity such as criminal <br /> establishments. However, cities have sexual misconduct or prostitution. <br /> the ability to regulate nudity in bars Stark nakedness in public bars may also <br /> .without violating the Constitution be offensive to community standards of <br /> under certain conditions. public decency. The court views the <br /> The restriction on nudity includes prohibition of nudity in licensed liquor <br /> visiting patrons to the licensed liquor establishments to be a reasonable <br /> establishment, wait staff, and entertain- exercise of the municipality's police <br /> ers-including nude dancers. The court powers. <br /> recognized that city councils may view Any type of ordinance may not <br />• the pazticular combination of liquor, impermissibly infringe on the free <br /> nudity, and sex as a subliminal endorse- speech guarantee of our state's constitu- <br />