Plaintiffs argued the Show Palace had a vested right to sell beer and that the act would retroactively remove that right. These are precisely the types of criminal activity that the act is attempting to combat. That court upheld the law in February , and nude dancing in Sullivan County came to an end. Owners of the bars and a woman who danced at each filed suit in Sullivan County Chancery Court seeking to have the law overturned as unconstitutional.
The Court of Appeals decision, among other points, declares the act is content-neutral, not content-based. Franks issued their opinion Wednesday affirming the law's enforcement. Owners of the bars and a woman who danced at each filed suit in Sullivan County Chancery Court seeking to have the law overturned as unconstitutional. At the time the Sullivan County Commission adopted the act, two Bristol-area bars featured nude dancers, some of whom provided ''lap'' dances. The Show Palace and the Bottoms Up Club can continue to operate, but if owners want either to be an adult-oriented business, they will have to follow regulations in the law. If erotic dancing returns to Sullivan County, legally, it will be under regulations set forth in the Adult Oriented Establishment Act of barring action by the Tennessee Supreme Court. Not so, said the Court of Appeals, ruling the act's intent is to squelch "secondary deleterious effects. The plaintiffs appealed to the state Court of Appeals, which heard oral arguments in Knoxville in December. It also means a total ban on alcohol possession, sale, purchase or consumption thereof at adult-oriented businesses. The Show Palace cannot, however, sell beer and offer adult-oriented entertainment. They may also appeal directly to the Tennessee Supreme Court. Plaintiffs argued the Show Palace had a vested right to sell beer and that the act would retroactively remove that right. Goddard and Herschel P. The 6-foot rule was one of several such requirements performances must be on an inch or taller stage, no touching, fully opaque coverings for breasts and genital areas, and no showing of covered male genitals in a discernibly turgid state. The record of calls made in regards to the Bottoms Up Club indicate that since , the club has allegedly been the site of nine incidents of public drunkenness, nine incidents of assault, seven incidents of theft, six incidents of vandalism, two incidents of domestic violence, and at least two incidents involving weapons. The bars remain open but under the court rulings are not allowed to offer adult-oriented entertainment as outlined in the act. It means entertainers at adult-oriented businesses may not dance totally nude, must stay at least 6 feet from patrons, and must have a county-issued permit. The bar owners and dancer complained state legislators and county commissioners intended to deny their First Amendment ''right'' to perform erotic dance as entertainment. Plaintiffs argued the combinations of the regulations were more burdensome than necessary. Again, the Court of Appeals affirmed the local court's ruling. The Court of Appeals affirmed the local court's decision. These are precisely the types of criminal activity that the act is attempting to combat. A Court of Appeals has upheld a year-old local ruling declaring the law constitutional. That court upheld the law in February , and nude dancing in Sullivan County came to an end. The judges' opinion recognizes limited First Amendment protection for erotic dancing and quotes an earlier ruling on the matter:
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