Of all the weighty matters before the U.S. Supreme Court, the issue of nude dancing may hardly seem a worthy subject. But for many communities, including some in Utah, it has become an issue that goes to the heart of a city's identity and image. The court's recent ruling in this area should help these communities draft or refine ordinances that take better control of the issue.
The ruling, albeit not unanimous, endorsed an Erie, Pa., ordinance that requires such dancers to wear, at least, a modicum of clothing. The court reversed a Pennsylvania Supreme Court ruling that requiring such attire violated a dancer's freedom of artistic expression.
This ruling tracks with a previous ruling in this area of law and should bolster confidence in carefully crafted city ordinances that ban nude dancing. Public nudity bans are consistent with a city's efforts to protect public health and safety — clearly within cities' police powers — and they help combat the harmful secondary effects associated with nude dancing.
It is difficult to fathom that exotic dancing makes any positive contribution to a community, but the court has nonetheless consistently held it is protected under the First Amendment. It is clearly in a community's best interest to regulate such businesses to the full extent it can. South Salt Lake City, which has seven such dancing establishments within its limits — three featuring full nudity — is studying its ordinances to determine whether it can further regulate the clubs. The city's philosophy that it should regulate sexually oriented businesses as strictly as possible is commendable.
Likewise, Davis County is revamping its business license ordinance to address sexually oriented businesses. While Davis officials consider the change a pre-emptive measure, it is prudent to set up strict procedures in advance of a business license application.
There are clear differences between what communities must tolerate and what they willingly embrace. But if the Supreme Court continues to stand behind local governments in this area of law, communities should have some assurance that their regulations can reflect reasonable community standards.