San Antonio Strip Club Lawsuit Pending In Federal Court

A lawsuit is currently pending in Federal Court requesting that the city of San Antonio’s draconian restrictions on strip clubs be voided.  On March 19th, 2013, a hearing will address a request to prevent San Antonio from enforcing a new ordinance enacted in 2012.

As it stands, nudity is completely prohibited in any sexually-oriented business in San Antonio, Texas.  Clubs had been allowing dancers to wear pasties to cover nipples but the new tighter ordinance prohibits even that, meaning that dancers will be forced to wear bikinis if the ordinance is upheld.

Text from the San Antonio sexually-oriented business ordinances:

Sec. 21-204. – Total nudity prohibited

(a)  It shall be unlawful for an individual to intentionally or knowingly appear in a state of nudity in a sexually oriented business.
(b)  It shall be unlawful for an individual, person, corporation, or association that manages, or operates a sexually oriented business to intentionally or knowingly allow an individual to appear on the premises of said establishment in a state of nudity.
(Ord. No. 2012-12-06-0934, §§ 4, 6, 12-6-12)

Sec. 21-200. – Definitions.

Nude or nudity or state of nudity shall mean the following:

(1) The appearance of the bare buttock; anus; male genitals; female genitals; or entire female breast;
(2) A state of dress which fails to completely and opaquely cover the buttock; anus; male genitals; female genitals; or entire female breast.

One must ask:  if there is no nudity, how can a strip club be considered a sexually-oriented business?  Are a woman’s arms and legs now considered sexual in Texas?  It is depressing to think that an idiot mayor and idiot city council wasted time and taxpayer money to draft such an ordinance and enforce it in court in a deliberate attempt to infringe on constitutionally-protected freedoms.

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