WARNING: Some of the images in the video are graphic and may be offensive to some people.
LOUISVILLE, Ky. (WHAS11)- It is a fight that lasted years, and when Louisville's new ordinance stripping away nudity took effect, many thought it was a moral milestone. WHAS11 News went undercover during one of the busiest times for these strip clubs, the days leading up to Kentucky Derby 137.
WHAS11 took what was found straight to the attorney for two of the biggest clubs and to the city's top enforcer.
The Metro Louisville ordinance restricts nudity, partial nudity and direct tipping. It also states that dancers must stay 6 feet away from patrons and that operators must be properly licensed. Based on this ordinance, Louisville's Department of Inspections, Licensing and Permits has handed out about six citations since it went into effect in Feb.
However, WHAS11 talked to one local attorney whose clients are going to court in June for citations, and he says this ordinance does not hold much water.
It is the ever so seductive strip tease. A few dollars at the door and welcome to a world of strobe lights, women dancing on poles, bouncing to the music, leaving very little - and sometimes nothing at all - to the imagination.
That is exactly what WHAS11 found when hidden cameras were taken inside Louisville strip clubs.
The cameras caught topless women, women wearing pasties to cover their nipples and G-strings, taking tips between their breasts and getting closer than 6 feet.
"We do $50 VIP lap dances. We do a lot more upstairs," said a dancer at one club.
For a few dollars more, a dancer offered a WHAS11 photographer a lap dance. Several clubs even served alcohol and stayed open past 1 a.m. These were all violations of the ordinance, but they are still happening.
So, is there a loophole in the city’s ordinance that allows some places to get away with this? WHAS11 took the video to Jim Mims, the director of Metro Louisville's Inspections, Permits and Licensing Department, which is the agency enforcing this ordinance said he says there is not.
"They're probably just renegades, saying 'we'll operate until someone shuts us down," said Jim Mims. "If it means shutting down some clubs, then by golly, that's what it'll be."
He sees the ordinance as black and white or nude and covered up.
"That's nudity in its barest sense, and that's not permitted in this community," said Mims.
Mims says any club allowing nudity or semi-nudity must have an adult entertainment business license. When operators do not, the establishment is still considered an adult entertainment business, regulated by the city ordinance and will be cited as such.
"This club has some serious violations in allowing activity that's not allowed in our community," said Mims.
The first round of citations go to court in June. Attorney Frank Miscagni, who represents two businesses cited under the ordinance, cannot wait. His argument is that the ordinance only applies to businesses with an adult entertainment license, and that inspections, permits and licensing cannot force anyone to get one. Those clubs that look and act like strip clubs but do not have an adult entertainment business license, are exempt from this ordinance. He uses the example of women exposing themselves in the infield during Derby.
"Those women who allegedly showed their breasts, can IPL say, 'you don't have an adult entertainment dancer license?' Or does LMPD, not using the ordinance, using KY penal code, that you're indecent exposure," said Miscagni.
Miscagni says that the freedom of expression makes these clubs lawful in this country. Otherwise, only bikini bars would exist. He wants a judge to define the meaning of the 6 foot buffer zone, semi-nude and no direct tipping.
"Really, it sounds simple, but it's very complicated to determine what the law means which will be interpreted by a single judge in Jefferson district court," said Miscagni.
In the meantime, these clubs with topless dancers, gratuitous tipping and such will still be cited and fined $100 to $1000, until a judge rules otherwise.
WARNING: Some of the images in the video are graphic and may be offensive to some people.
