Developments in the small town of Zumbro Falls, Minnesota, where a local couple wants to put up a strip club. A Minnesota attorney has filed a lawsuit to enjoin enforcement of a 2006 Minnesota state law regulating placement of strip clubs. According to the attorney, Randal Tigue, the law “effectively bans adult entertainment in almost all small towns.”
I’m not that up on my “strip club law,” but I recall from law school a few things: The First Amendment covers dancers’ expression, even if that’s sometimes nude. However, it does not protect “all nude dancing.” Further, while reasonable time, place, and manner restrictions may be placed upon adult-oriented businesses [pdf, from the League of Minnesota Cities no less], zoning them out altogether is the same as banning them outright.
I lived in Minnesota when this statue was enacted but, alas, I don’t remember hearing anything about it. To the extent that Mr. Tigue’s interpretation of the statute is correct, his clients would seem to be in a good position. Something tells me he may be stretching the truth a bit.
U.S. District Judge Joan Ericksen has denied the plaintiffs’ request for a temporary restraining order to prevent enforcement of the law, noting that the plaintiffs cannot prove immediate, irreparable harm. (I guess the strip club hasn’t eve been constructed yet.) We’ll see what happens, and perhaps I can get a copy of the statute and of the lawsuit for more in-depth analysis.