Pornography

Sexually-Oriented Businesses

Supreme Court Upholds City Ordinance Prohibiting Public Nudity

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In a 6-3 decision, the United States Supreme Court ruled today that an Erie, Pennsylvania ordinance that prohibits public nudity is constitutional. The ordinance had been challenged by an adult club which featured totally nude erotic dancing.

The Pennsylvania Supreme Court had previously ruled the ordinance unconstitutional. The Supreme Court reversed, noting that "even if Erie's public nudity ban has some minimal effect on the erotic message by muting that portion of the expression that occurs when the last stitch is dropped, the dancers . . . are free to perform wearing pasties and G-strings." The Court reaffirmed the right of municipalities to protect public health, safety and welfare by prohibiting conduct notorious for its harmful secondary effects such as , prostitution, the spread of sexually transmitted diseases and violence.

According to Brian Fahling, senior trial attorney for American Family Association Center for Law & Policy (CLP), the Supreme Court "today reaffirmed settled principles regarding the regulation of public nudity and sexually oriented businesses by government." Michael DePrimo, CLP litigation counsel, also saw the decision as a victory for states and local governments: "If the decision had gone the other way it would have been an unmitigated disaster for states and communities that regulate sexually oriented businesses. Instead, the Court's ruling today should motivate cities all across America to adopt similar regulations to fight the proliferation of these destructive strip clubs."

Stephen M. Crampton, Chief Counsel for the CLP, added: "The margin of victory places an exclamation point on the right of municipalities to strictly regulate businesses that invite illegal activities. We strongly encourage every city, county and state to adopt laws to regulate these cesspools of criminal activity," Crampton said.

The AFA Center for Law & Policy is the legal arm of the American Family Association, Inc., located in Tupelo, Mississippi and Washington, D.C. The Law Center restricts its practice to constitutional litigation in state and federal courts throughout the country.