CINCINNATI (CN) – The 6th Circuit upheld a Grand Rapids ordinance prohibiting total nudity in adult businesses and establishing a six-foot buffer between patrons and exotic dancers.
A group of sexually oriented businesses and citizens’ groups had argued that the sum of the regulations hindered their freedom of expression, even though each individual provision is constitutional.
A three-judge panel affirmed the district court’s “well-reasoned” ruling that the ordinance is narrowly tailored to reduce the negative side effects that sexually oriented businesses draw while having a minimum impact on “the expressive character of erotic dancing.”
The ordinance is not overbroad, vague or a violation of plaintiffs’ rights to freedom of association and due process, the court ruled.
The judges reversed an award of attorney fees to individuals and citizens’ groups who were dismissed from the case, including Michigan Decency Action Council, Judy Rose, Dar Vander Ark and Black Hills Citizens for a Better Community.
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