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Z.B, <br /> <br />October 10, 2004 -- Page <br /> <br /> Adult Entertainment m Business manager offers evidence adult cabaret did <br /> not cause negative secondary effects .. <br />Ar.gues ordinance regulating adult businesses illegal <br /> Citation: Jameson v. Commonwealth of Kentucky, Court of Appea'ls of <br /> [Cenrucky, No. 2003-CA-OOO967-DG (2004) <br /> <br />KENTUCKY (08/06/04) -- Jameson was the manager of Regina's [[, an adult <br />cabaret featuring live exotic dancers. He was cr/rmnally charged for various <br />violations of a county ordinance regulating nude dancing. <br /> According to the terms of the county ordinance, the ordinance was aimed <br />at controlling the negative secondarY effects associated-with sexually~oriented <br />businesses, namely increased crime rates and decreased property values in and <br />around the areas where such businesses were located. <br /> Jameson sued, and the court ruled in favor of the county. <br /> Jameson then appealed, arguing the ordinance was enacted spec/fically tO <br />prohibit nude dancing, not as a way to further a substantial government, inter- <br />est by regulating any negative secondary effects. <br />DECISIOL'q: Reversed. <br /> There was insufficient evidence to show the ordinance was enacted to <br />combat the negative secondary effects of nude dancing. Thus, the county had <br />to present other evidence indicating the ban on totally nude dancing furthered <br />a substantial government interest in the county without u~easonably 15_miting <br />alternative avenues of communication. <br /> Jameson presented un.rebutted evidence that terided to cast doubt on the <br />county's pre-enactment justifications. <br /> For e.xample, the chief dispatcher for the area 911 service offered records <br />fJ:om his department indicating the number of times local police ofrqcers had <br />been asked to respond to various incidents at two sexually-oriented busi- <br />nesses was lower than at two non-sexually-oriented nightclubs in the same <br />area of the city. <br /> In addition, a realtor testified the property, values in and around the asea <br />where Regi'na's [I was located had actually increased over time. <br /> Finally, two female employees testffied regarding various rules and regula- <br />tions that were in place to prevent the spread of sexually-transmitted diseases <br />at the establishment. <br /> Ultimately, Jameson's un.rebutted' evidence was sufficient to cast doubt on <br />r. he county's pre-enactment rationale for the regulation. Therefore, the county <br />was required co present more evidence of negative secondary, effects before it <br />could enforce the ordinance. <br />.~'e~ ~z/.%>.' Rexr~urcznr I,~:~tz.~res LLC v. Le.ri~.,~ron-Fayerre Urban <br />(5o:.'er.m~enr, dO $. ~/V?,.t 572 !2001). <br /> <br />:}: 2%'(;~ ..;.u~n]an .:,.~olismng 5roue. {nv mprocuc:ion ;s p~'omb~ted. :or more ~nforma~.ioa 3iease :ail :6:7; 542-0048. <br /> <br />143 <br /> <br /> <br />