The owners of four local strip clubs say they will appeal last week’s ruling upholding a new ordinance that requires exotic dancers to stay at least five feet away from patrons at cabarets in Kenton County.
Last week, Judge David Bunning ruled in U.S. District Court in Covington that the ordinance does not violate the dancers’ First Amendment rights, the Kentucky Post reported.
Lou Sirkin, an attorney representing the clubs, said he would appeal the ruling, called “landmark” by Kenton County Attorney Garry Edmondson.
The owners of four Covington strip clubs, Rodney’s Le Foxx, Viva Le Foxx, The Pad and Club Venus, had filed a lawsuit against the county on Oct. 12. 2004, claiming a new ordinance violated the dancers’ First Amendment rights.
Viva LeFoxx and The Pad have since closed.
In their suits, the clubs said the ordinance unfairly prohibits their freedom of expression and improperly holds them liable for the actions of employees and patrons while allowing unreasonable and unwarranted searches.
The lawsuit also argued that licensing fees of $3,000 per business and $155 per dancer were too expensive. It also claimed that the distance required would cut into the dancers’ ability to make a living since they are paid by customer tips only.
The ordinance, however, was reworked after the suit was filed, allowing dancers to mingle with clients one hour after performing on stage.
County attorneys said in response to the suit, that the regulations were not meant to restrict exotic dancing just because they were sexual in nature, but merely to regulate strip clubs in order to reduce the so-called “negative secondary effects” of adult businesses such as drug activity and prostitution.
In his ruling, Bunning said the county was able to provide compelling evidence that strip clubs and other adult businesses can produce negative secondary effects. The evidence included statistics on police calls and testimony from public officials in Covington.
