Anaheim's bid to criminalize lap dancing went too far over the line between regulation and criminalization, says California's 4th District Court of Appeals.
That ruling threw out a case against seven exotic dancers and their managers, according to the Sacramento Bee. Anaheim can regulate dancing establishments but cannot prosecute "for violations of a sex-oriented business permit," the paper says.
A jury convicted the dancers and two managers of the Sahara Theater after performances in 1997 videotaped by undercover police. The women were charged with violating a city law against erotic touching between patrons and entertainers, says the Bee. But the appeals court found a lower court judge failed to instruct the jury it could consider exotic dancing protected expression under the First Amendment.