An increasing number of cities and counties are employing various tactics, such as zoning regulations and licensing requirements, to discourage the presence of strip clubs while staying within the boundaries of the businesses’ First Amendment rights. While the U.S. Supreme Court has clarified that municipalities can regulate and even ban nude dancing and adult-oriented establishments, they cannot outright prohibit their operation. However, local communities need to demonstrate “harmful secondary effects” like increased crime, blight, or declining property values to justify such restrictions.
David Hudson, a scholar at the First Amendment Center, highlights the widespread nature of this issue, with city officials grappling to find ways to regulate, limit, and, in some cases, prohibit adult entertainment establishments. Angelina Spencer, executive director of the Association of Club Executives, a trade association representing strip clubs, acknowledges the growing legislative efforts to restrict these establishments, particularly in rural areas. However, she emphasizes that the opposition lies in oppressive legislation designed to put these businesses out of operation, rather than reasonable regulations.
In January, Jasper County, Missouri, took action in response to a proposed nude juice bar by passing a ban on total nudity, implementing employee background checks and HIV tests, and enforcing a 2,000-foot distance requirement between clubs and churches, schools, and residential areas. The intention behind these strict regulations is to dissuade strip clubs from choosing to operate in the county. County Commissioner John Bartosh explains that while they cannot prevent the opening of such establishments, they can make the restrictions severe enough to hinder their profitability.
Recently, the owner of the building in question abandoned plans for nude strippers and instead opted to open a bar and adult video store. Commissioner Bartosh believes that the new limitations played a role in this decision. The owner’s attorney, Bill Fleischaker, states that the business will comply with the ordinance.
Eric Damian Kelly, an urban planning professor at Ball State University, who advises communities on strategies to restrict adult businesses, notes that these establishments often target small towns and rural areas where zoning laws and regulations may be absent or not applicable.