No Nudity? Look Again

nudity law passed in that city may pass judicial muster but it has at least one more hurdle to clear, according to a federal appeals court. \n The 5th U.S. Court of Appeals in New Orleans has ruled that a federal district court too hastily upheld a Jackson ordinance passed in 1995. The law makes it a misdemeanor for dancers to be totally nude or for club managers to permit it. \n The owner of Legends Cabaret challenged the law but the case was thrown out. District Judge Tom S. Lee ruled in November 1996 that the city didn't even need to introduce any evidence to justify a ban against nude dancers. \n That's just not so, the appeals court said. Without letting the city introduce evidence, there is no way of knowing whether the ordinance is justified, the court added. As a result, the case has been remanded back to the federal court in Jackson. \n The appeals court ruling is not exactly cause for celebration by J&B Entertainment Inc., which owns Legends. In other parts of the decision, the court said the city of Jackson has the constitutional power to enact the ordinance, assuming the city can show it is justified. That effectively denies the claim by Legends that the law is a violation of First Amendment rights to free expression. \n The appeals court said the dancers could still express themselves by wearing G-strings and pasties. The court conceded, however, that this could decrease business at the nude dance club. Still, the court said, "dancers have ample avenues of communication open to express their erotic message."