Nebraska strip club wins round in fight against city

By The Associated Press

12.17.01

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LINCOLN, Neb. — The owner of a Lincoln strip club won a round in his fight with the city last week when a federal appeals court panel struck down a city ordinance banning sexual contact at businesses.

But John Ways Jr., owner of Mataya's Babydolls, still faces a court battle over his business.

In a lawsuit filed last year, Ways said that a city ordinance banning his dancers from touching customers was unconstitutionally broad.

When it opened in late 1999, the club began offering "full-contact" table and couch dancing.

Physical contact between dancers and customers in businesses that serve liquor is prohibited by state law, but it doesn't cover those that don't serve alcohol, like Babydolls.

In February 2000, the city passed an ordinance banning sexual contact at businesses. It defined sexual contact as "intentional touching of a person's sexual organ, buttocks, or breasts, whether covered or not, or kissing, when such contact can reasonably be construed as being for the purpose of sexual arousal or gratification of either party or any observer."

U.S. District Judge Warren Urbom ruled earlier this year that the ordinance banned even legitimate performances with artistic merit.

He said the dancing at Babydolls, though not a basic constitutional freedom, "is expressive conduct within the outer perimeters of the First Amendment."

On Dec. 14, a three-judge panel of the 8th U.S. Circuit Court of Appeals in St. Louis agreed that the ordinance was too sweeping.

"It did not exclusively cover conduct in adult entertainment businesses ... but also covered conduct ... which could include theater performances, ballet performances, and many other forms of live entertainment," wrote Judge Diane Murphy. "The ordinance could also have been enforced to prohibit stage actors from kissing and ballet dancers or ice skaters from lifting each other by the buttocks.

"The city's net was ... cast too broadly because constitutionally protected artistic expression may legitimately intend to titillate or arouse members of the audience," Murphy said.

After Urbom's ruling, the city amended the ordinance to exempt theaters, concert halls, and art centers from the prohibitions. The city also appealed Urbom's ruling striking down the original ordinance to the 8th Circuit.

Ways has filed another federal lawsuit challenging the constitutionality of the new ordinance. That case is still pending.

For his part, Ways said he has changed his shows so that the dancers now put on theatrical productions.

It "became a theater club," he said. "We actually put on some shows. We've got the girls doing some choreographed routines. It's the greatest show on earth."

John McQuinn, chief assistant city prosecutor, disagreed.

"We don't believe he is putting on theater," he said.

Update

Federal judge dismisses challenge to Nebraska city's exotic-dancing rules
Meanwhile in Nevada, county commission votes to restrict lap-dance gyrations in clubs outside Las Vegas city limits.  08.01.02

Related

Nebraska high court upholds village’s ban on nude dancing
Chief Justice John Hendry, writing for the court, rejected club’s contention that exotic dancing was form of ‘communicative art.’  02.12.01