Supreme Court OKs ban on public nudity

AFA Journal is a publication of the American Family Association. Published monthly except November/December. AFA is Christian organization promoting the Biblical ethic of decency in American society with primary emphasis on TV and other media.

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FRONT PAGE

May 2000; Volume 24 Issue 5

Supreme Court OKs ban on public nudity

Sexually-oriented business wanted nude dancing legalized

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

The Pennsylvania high court had previously ruled the ordinance unconstitutional. The Supreme Court reversed that decision, 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 USA Today, some 3,000 clubs nationwide offer nude entertainment.

Brian Fahling, senior trial attorney for the American Family Association Center for Law & Policy (CLP), said the Supreme Court "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," he said. "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."