Cleveland Law Library Weblog

Please Don't Touch the Dancers

SB 16 has been amended to impose a no-touching rule between strippers and patrons.  The requirement that a six foot distance be maintained between strippers and patrons has been deleted from the bill.  The previous version of the bill required adult entertainment to cease at midnight, but the new version permits semi-nude dancing until closing.  The substitute bill narrowly made it out of committee, and awaits a vote by the full House.  See House Panel OKs Ban of Stripper Touching by Aaron Marshall, The Plain Dealer, May 16, 2007; Barriers Come Down in Stripper Sub Bill by Aaron Marshall, The Plain Dealer, May 15, 2007. 

See our prior post: Bill Would Restrict Adult Entertainment. 

Bill Would Restrict Adult Entertainment

A recently introduced bill, SB 16, would require adult oriented businesses to close at midnight and not reopen until 6 a.m.  If the business has a liquor license, they may remain open until closing time, but adult entertainment must cease at midnight.  The bill also mandates that strippers must stand six feet away from customers, on a stage at least two feet off the ground. 

Source:  Proposed Law Targets Adult Entertainment by Jim Provance, Toledo Blade, Feb. 25, 2007. 

Strip Club Claims Continue in Federal Court, While City's Claims Remanded to State Court

The Federal District Court, Nothern District of Ohio, has ruled that Diamond Men's Club has standing to pursue its First Amendment claims against the City of Elyria in federal court.  See D & I Entertaiment, Inc. v. City of Elyria, N.D. Ohio Case No. 1:06-CV-00483, order dated June 30, 2006.  The court also held that the City of Elyria's action to enjoin Diamond Men's Club from operating in violation of zoning ordinances was improperly removed to federal court.  The City's complaint, originally filed in the Lorain County Court of Common Pleas, raised no issue of federal law.  The fact that defendant has a First Amendment defense does not justify removal. See City of Elyria v. D & I Entertainment, N.D. Ohio Case No. 1:06-cv-00521, order dated June 30, 2006. Judge Rules For City And Club In Fight Over Strippers, Newsnet5, July 2, 2006.   Also see our prior post Strip Club Asserts that Elyria Zoning Ordinance is Unconstitutional.

New Ohio Statute Regulates Adult Businesses

H.B. 23 was signed by the governor on May 12, 2006, and will go into effect 90 days from that date.  The Act permits townships to regulate adult businesses; creates an expedited appeal from decisions denying a license or permit to operate an adult business; creates an expedited appeal when a court determines there is a threat of restraint of protected expression; creates the offense of permitting unlawful operation of viewing booths depicting sexual conduct; creates an offense for knowingly allowing a juvenile in adult entertainment establishments and an offense when juveniles use fake identification to enter such premises.   The Act has been tagged the "Community Defense Act of 2005". 

Strip Club Asserts that Elyria Zoning Ordinance is Unconstitutional

Diamond Men's Club of Elyria filed a lawsuit in federal court challenging the constitutionality of the City of Elyria's zoning ordinance, 1125.02, which requires that adult entertainment businesses obtain a conditional use permit.  The club asserts that the ordinance violates their First Amendment rights, violates equal protection, is void for vagueness and violates procedural due process.  See complaint filed in D & I Entertainment LLC v. City of Elyria, Northern District of Ohio case no.  1:06-cv-00483.  To read the ordinance in question Download elyria1125.02.pdf .  See also Fight Over Elyria Strip Club Heads to Federal Court, Newsnet5, Mar. 17, 2006. 

Cameras in Adult Video Viewing Booths: Official Text of Ordinance

On June 15, 2005, the City of Cleveland passed an ordinance requiring cameras in adult video and adult entertainment arcades to monitor the acts of the patrons.  The official text of this ordinance was posted today on the City's webpage.  See City Record, June 22, 2005, page 1361, Ordinance No. 650-05.  See also "Peep-Show Booths Must Install Cameras Cleveland Council Orders Shops to Monitor Sexual Activity" by Michael Sangiacomo, The Plain Dealer, June 10, 2005, which stated,

"Ron O’Leary, a Cleveland chief assistant director of code enforcement, said Thursday that council members were shocked last year to learn that some men masturbate while watching X-rated movies in the private booths."