Skip to main content
Article
THE IMPACT OF FLORIDA STATUTE 800.03 ON LOCAL REGULATION OF NUDE DANCING FACILITIES.
Florida Coastal Law Journal (2000)
  • Stephen Durden, Florida Coastal School of Law
Abstract

Local governments throughout the country have enacted adult entertainment codes regulating, among other things, massage parlors, adult movie theaters, adult video stores and adult toy stores. Local governments have not forgotten live performances particularly nude or topless dancing. Regulations throughout the country require facilities to get licenses before they operate; require that the dancers get licenses; regulate the location of these facilities; and regulate their interiors. These regulations are often challenged, with the challenge being based on the First Amendment. The assumption behind all these cases is that the First Amendment protects nude dancing. That assumption is now unassailable but perhaps irrelevant. In 1991, in Barnes v. Glen Theatre, eight justices unequivocally stated that the First Amendment protects nude dancing. At the same time, the Court (with five members concurring in the result) in Barnes held that a statute that prohibited all public nudity could be constitutionally prohibited. These positions were reinforced in 2000 in City of Erie v. Pap's A.M. In City of Erie, seven members of the Court agreed that the First Amendment protects nude dancing. Different justices agreed that a ban on public nudity could be constitutionally applied to nude dancing. More importantly, six of the seven agreed (in two separate opinions) that a general public nudity ban is always constitutional even if applied to nude dancing. This paper is based on the assumption that a public nudity ban is constitutional as applied to nude dancing.

Keywords
  • Constitutional Law,
  • Jurisprudence,
  • First Amendment,
  • Expressive Conduct,
  • Adult Entertainment,
  • Nude Dancing
Publication Date
2000
Citation Information
Stephen Durden. "THE IMPACT OF FLORIDA STATUTE 800.03 ON LOCAL REGULATION OF NUDE DANCING FACILITIES." Florida Coastal Law Journal (2000)
Available at: http://works.bepress.com/stephen_durden/7/