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Background:

Pro-family activists in Ohio and around the country were extremely pleased when a ruling by the 6th Circuit U.S. Court of Appeals based in Cincinnati, Ohio, upheld the right of a municipality to regulate the hours and operation of nude dance clubs. This decision was regarding Ohio House Bill No. 23, known as the Community Defense Act of 2005. In the 7-5 decision, the court upheld an ordinance of Union Township, which is just outside of Cincinnati, requiring a strip club chain, Deja Vu, to close by midnight; apply for an operating license; present to Union Township information regarding its employees. The club is one of Deja Vu's chain, which operates in other localities, are comprised mainly of nude clubs. Deja Vu, of course, argued the regulations put on them violated their First Amendment rights. Judge Ronald Lee Gilman wrote in the majority opinion that to impose tough restrictions on nude clubs, "does not necessarily raise First Amendment concerns". The 6th Circuit's ruling applies only in Kentucky, Michigan, Ohio and Tennessee, but it could prove to be influential with other federal courts.

This ruling allows local communities to regulate how strip clubs operate. Citizens around the country are growing more concerned with the negative effects strip clubs and nude bars have on their communities and the dangers they pose to the local economy and the general well-being of an area, not to mention the effects it has on children. There have been many other similar cases before the federal and state courts, and also the U.S. Supreme Court. All of these courts have ruled that sexually oriented businesses bring crime to areas in which they do business and that they bring down property values and increase urban blight. All of these negative effects are seen throughout the country and these results can be easily traced back to the presence of sexually oriented business's operating within a community. It is only in the best interests of community leaders to continue to put restrictions on the hours and/or location of these businesses.

Legislative Summary:

The amended HB 23 will regulate hours of operation of sexually oriented businesses. The hours set were: 10:00 a.m. to 11:00 p.m. With regard to where the businesses are allowed to operate, the bill stipulates that the local governments will have the authority to deal with the following on their own: zoning, licensing and regulating. The 6th Circuit Court found that it was constitutional to place restrictions on the distance between a patron and a performer. The 9th Circuit Court also ruled that a restriction on the distance between patrons and employees was constitutional.

Arguments from Opposition:

It violates freedom of expression guaranteed in the First Amendment. It targets adult establishments without placing similar restrictions on other commercial enterprises. The bill places an undue burden on adult establishments and could hurt the economy since adult businesses hire a number of employees, bring significant tax dollars. The bill may result in the closing of businesses and will consequently drastically reduce revenues derived through taxes.

For More Information, Strategic Advice or Background:

Phil Burress, President
Citizens for Community Values
11175 Reading Road, Suite 103
Cincinnati, OH 45241
Phone: 513/733-5775
www.ccv.org

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