Big win for PA stip clubs
"In a major Victory for free expression, a federal appeals court in Philadelphia has invalidated two PA laws which prohibited nudity in any establishment where alcohol was served.
At issue was whether the state could ban "lewd" activity on liquor permit premises without violating the constitutional guarantee of free expression. In August, a three judge panel of the united states court of appeals for the Third Circuit unanimously held that it could not.
In a sweeping decision vindicating the rights of entertainers and the establishments in which hey perform, the court of appeals struck down the liquor statute and regulation in their entirety. The court held that the laws swept too broadly, prohibiting both erotic and main stream productions that are protected by the first Amendment. Five weeks later, the court declined a request by the state to reconsider its decision.
PA had a long history of aggressively interpreting the laws in question. Clubs throughout the state were subject to the prohibitions which the state had interpreted as banning, among other things, all nudity any place alcohol is served. The broad interpretation helped to seal the fate of the law. In it's opinion, the court of appeals note that state liquor officials had even claimed that a televised image of a bare-breasted woman in a bar would run afoul of the law.
The state has the right to seek a review of the decision by the supreme court. Unless that court agrees to hear the case on appeal, however, cabarets and dancers throughout the state will finally be free from a half-century old law which imposed severe restrictions on their performances."
This is a HUGE win for club owners. And it continues to show that many old laws to restrict adult clubs are in fact, unconstitutional, and one by one are being struck down. I can only see good things in the future for adult clubs, as now, Club10, if they choose to, could purchase a liquor license, and serve alcohol ion the club and the dancers can continue to be fully nude
At issue was whether the state could ban "lewd" activity on liquor permit premises without violating the constitutional guarantee of free expression. In August, a three judge panel of the united states court of appeals for the Third Circuit unanimously held that it could not.
In a sweeping decision vindicating the rights of entertainers and the establishments in which hey perform, the court of appeals struck down the liquor statute and regulation in their entirety. The court held that the laws swept too broadly, prohibiting both erotic and main stream productions that are protected by the first Amendment. Five weeks later, the court declined a request by the state to reconsider its decision.
PA had a long history of aggressively interpreting the laws in question. Clubs throughout the state were subject to the prohibitions which the state had interpreted as banning, among other things, all nudity any place alcohol is served. The broad interpretation helped to seal the fate of the law. In it's opinion, the court of appeals note that state liquor officials had even claimed that a televised image of a bare-breasted woman in a bar would run afoul of the law.
The state has the right to seek a review of the decision by the supreme court. Unless that court agrees to hear the case on appeal, however, cabarets and dancers throughout the state will finally be free from a half-century old law which imposed severe restrictions on their performances."
This is a HUGE win for club owners. And it continues to show that many old laws to restrict adult clubs are in fact, unconstitutional, and one by one are being struck down. I can only see good things in the future for adult clubs, as now, Club10, if they choose to, could purchase a liquor license, and serve alcohol ion the club and the dancers can continue to be fully nude

