By the narrowest of margins, the Ohio Supreme Court has agreed to hear arguments as to whether the state can prohibit nude dancing in places that sell liquor. The court voted 4-3 to consider the question after two lower state courts, each faced with similar suits, reached opposite conclusions. \n The question to be decided is whether nude dancing constitutes an immoral act. If so, then it falls under the control of the state Liquor Control Commission which is empowered to regulate such acts. \n A Cuyahoga County appeals court last year ruled the regulation was "unconstitutionally overbroad" and concluded that "non-obscene nude or topless dancing under the Ohio constitution is entitled to free speech protection. Nudity by itself is not obscene; it is expressive conduct." \n In Franklin County, however, a judge ruled that the regulation can be reasonably interpreted to prohibit the type of nude or semi-nude dancing that took place in a club. \n The most recent U.S. Supreme Court ruling on the subject came in the case of Barnes v. Glen Theatres, Inc. (www.fac.org/legal/supcourt/90-91/barnes91.htm). At that time, the Supreme Court said nude dancing of the kind being performed "is expressive conduct within the outer perimeters of the First Amendment, though we view it as only marginally so."
All models were at least 18 years old at the time of their performance. 18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement.
