Kentucky appeals panel halts enforcement of city's nude-dancing law
By The Associated Press
04.01.99
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FRANKFORT, Ky. — A divided panel of the state Court of Appeals has prohibited Lexington from enforcing its ordinance to regulate nude dancing.
Two of three judges say the clubs that have questioned the ordinance have raised questions that are entitled to answers at a full hearing before a county circuit judge. Since the first ordinance was passed in 1997, the city and the clubs have wrangled over constitutional and procedural questions.
Thus far, the clubs have prevailed, but Lexington Mayor Pam Miller pledges to continue the fight.
Judges William Knopf and Robbie Dyche sided with the clubs yesterday. Judge Wil Schroder said he did not believe the clubs would prevail during a trial and said the enforcement should be allowed.
The ordinance has gone through several revisions over the months, including some at the suggestion of Fayette County Circuit Court Judge John Adams, who has upheld portions of the law while striking down others.
"The ordinance is still defective," said Louisville lawyer Mike Hatzell, who represents Cowboys, one of the clubs challenging the law.
"We have a good ordinance that reflects the concerns of this community," Miller said in a written statement. "We are hoping that the legal process will move quickly so that we can begin enforcing it."
Hatzell predicted the court proceedings to argue the merits of the ordinance itself could take another six months to a year.
The fight has become a hot topic of conversation in the city. One club owner tried to use it to propel his unsuccessful campaign for mayor.
Newspaper ads for one of the clubs tout a "Dancer Defense Fund" and include the message that "Your patronage says no to censorship."
The ordinance includes such items as licensing of dancers and the clubs, though the cost of the license has been in dispute. Hatzell also says the clubs object to a portion of the law that imposes a limit on how close dancers can get to patrons.
