South Salt Lake's all-nude dance clubs might have to remove the "all" from their marquees.
A U.S. Supreme Court ruling, making it easier for cities to ban nude dancing, is being scrutinized by city officials, and City Attorney Craig Hall said a ban on nude dancing at three clubs could be coming."It appears at first blush that the court has given cities broader latitude to regulate performers in licensed establishments," Hall said. "If that is indeed true, it would be this office's intent to recommend that our City Council revise the city ordinances."
In a 6-3 decision, the Supreme Court last week upheld an Erie, Pa., ordinance requiring dancers to wear minimal clothing, such as pasties and G-strings. The court rejected arguments that nude dancing is "expressive conduct" fully protected by the First Amendment.
Justice Sandra Day O'Connor, writing for the majority, said such dancing is expressive but falls within the "outer" periphery of free-speech protection.
Andrew McCullough, a lawyer for Paradise Adult Entertainment Club in South Salt Lake, said he's not overly concerned. He said the ruling doesn't greatly expand a 1991 ruling.
In that case, the court upheld a ban on nude dancing in Indiana, but justices diverged so much in their reasoning that standards for prohibiting nudity remained unclear.
McCullough also said local governments will have a difficult time proving nude dance clubs create negative "secondary effects." He said South Salt Lake's establishments keep a low profile and have had few problems with law enforcement.
"We have an entirely different situation in Utah than we do in Pennsylvania," McCullough said.
South Salt Lake's three all-nude establishments differ from other seminude dance clubs in Salt Lake County because they don't serve alcohol.
Customers pay for admission, sip soft drinks or nonalcoholic beer and are encouraged to tip the dancers. Current ordinances in South Salt Lake allow for all-nude entertainment if alcohol is not served.
Police calls to the clubs vary, said police spokesman Darren Sweeten.
"Usually, it's related to unruly or intoxicated customers who drink before they go in, or go outside for a smoke break and drink," Sweeten said. "But the clubs really try to keep it low-key."