No nudity ordinance enforcement to start soon; fight continues

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by Mike Colombo

WHAS11.com

Posted on January 25, 2011 at 7:00 PM

Updated Tuesday, Feb 1 at 12:37 PM

Louisville, Ky. (whas11) - Starting February 8, city officials say they'll begin enforcing the no-nudity ordinance, effectively ending nude dancing and alcohol sales at Jefferson County strip clubs.
 

For one of the attorneys representing those businesses, a U.S. Supreme Court appeal has been filed, but will it reverse previous decisions. 

"The odds mathematically are not good they would take it unless they agree with me and my brothers practicing this case with me on our side that anytime you bounce around, bruise up the first amendment, that does have a national impact," Frank Mascagni III, attorney representing the DeJa Vu and PT's Show Club, said. 

While Mascagni's been fighting for adult business, Metro Council member Bob Henderson has been working to restrict it.

"I think the community spoke, and we don't want some of those things that were happening. We don't want that. We don't want it," Metro Council member Bob Henderson said. 

About 25 adult businesses including strip clubs, and bookstores will be affected by this law which will eliminate all-nude dancing and alcohol sales. The ordinance also prohibits touching and direct tipping for dancers by patrons. Lap dances will be stopped and a 6-foot buffer zone between dancers and club goers will be enforced. Hours of operation will also be restricted.

"At any home TV during family hour, there will probably more women with more revaling dresses than there will be at adult entertainment facilities," Mascagni said. 

Mascagni also said this ordinance will force many adult business owners to shut their doors and will be a tax hit to the city. While he agrees with the government’s right to regulate business, he said he feels this is a step to far.

Henderson said he disagrees.

"Money is not an issue there. This city will go on and many cities will go on. We're not putting them out of business," Henderson said.

Jim Mims, Metro Government Director of Codes and Regulations, will oversee enforcement. He said the city will work with affected business owners.

"We don't want to take a heavy handed approach. The businesses I think are having to do enough just to deal with the specifics of the ordinance. Our mission is really to work with them as much as we can to make sure they understand what's expected of them," Mims said.

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