A federal judge has barred the Louisville-Jefferson County Metro Government's ordinance restricting the location and operation of strip clubs and adult novelty stores from enforcement.
U.S. District Judge Charles R. Simpson III on Friday indicated he might throw the ordinance out entirely because it is unconstitutional.
The ordinance in question prohibited adult businesses from locating within 500 feet of residentially zoned land, churches, schools, parks or any other adult establishment. The $1,000 annual license that adult business were required to pay has been waved, as has the $25 license fee that employees were required to pay.
The six-foot rule that requires performers to stay at least six feet away from patrons has been blocked as well.
Simpson decided that the ordinance amounted to prior restraint of free speech, and noted that the ordinance also fails to set a time limit for approving or denying a license application, potentially leaving applicants in a "legal limbo."
Mike Hatzell, attorney for two adult book and video stores that challenged the ordinance, was elated. Metro officials "can no longer use this bogus ordinance to prosecute" legitimate businesses, he said.
The metro government is considering an appeal. For a related story, click here.
