Vol. 2, No. 6
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Jan. 15, 2005
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CRIMINAL DEFENSE |
COPYWRITING
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Anything Goes? -- Las Vegas Stripper Code of Conduct Challenged as Unconstitutional
Ruling Would Bar Arrests For Fondling Patrons
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On Friday, January 21, Clark County District Judge Sally Loehrer heard arguments on the constitutionality of the Las Vegas Strippers' Conduct Code -- Las Vegas Municipal Code Section 6.35.100 -- in the case of City of Las Vegas v. Anastasia Eminova. The argument by Ms. Eminova's attorney was that the municipal code provision was unconstitutionally vague, and would leave a reasonable person guessing as to what conduct was prohibited.
The challenged language was this: "No dancer shall fondle or caress any patron, and no patron shall fondle or caress any dancer."
After reportedly saying "I don't think the law is clear enough," and "I don't think it's possible for the law enforcement to know what is allowable and what is not." Judge Loehrer remanded the case back to Las Vegas Municipal Court for a decision on whether the code section was void for vagueness and therefore unconstitutional.
In a series of new rulings over the last few months, Las Vegas Municipal Judge Betsy Kolkoski dismissed several -- reportedly "at least five" --pending criminal cases involving allegations that erotic dancers were fondling and caressing patrons, on the ground that the ten-year old ordinance did not define the terms "fondle" or "caress." There are also seven pending cases before Las Vegas Municipal Court Judge Cedric Kearn which are likely to be affected by the ruling.
A finding of unconstitutionality would leave the City of Las Vegas without any laws regulating "touch dancing" in erotic dance establishments.
The code was enacted in 1995, with this announcement:
"The purpose of this Chapter is to regulate erotic dance establishments to the end that the many types of criminal activities frequently engendered by such establishments will be curtailed. However, it is recognized that such regulation cannot de facto approach prohibition. Otherwise a protected form of expression would vanish. This Chapter represents a balancing of competing interests: reduced criminal activity through the regulation of erotic dance establishments versus the protected rights of erotic dancers and patrons."
The full text of the Las Vegas Municipal Code Section 6.35 regulating "erotic dance establishments" can be found here.
These are the court minutes from Friday's hearing:
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Case 04-C-207204-M
Just Ct. Case#
Status ACTIVE
Plaintiff City Of Las Vegas Attorney Jerbic, Bradford R.
Defendant Eminova, Anastasia Attorney Colin, James A.
Judge Dept.
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Event 01/21/2005 at 10:00 AM INITIAL APPEARANCE
Heard By Loehrer, Sally
Officers Jennifer Lott, Relief Clerk
Lisa Makowski, Reporter/Recorder
Parties 0001 - P1 City Of Las Vegas Yes
006455 Poleski, Edward G. Yes
001114 Little, Bernard G. Yes
0002 - D1 Eminova, Anastasia No
006257 Colin, James A. Yes
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John S. Rogers, Esquire, also present.
Following arguments by counsel, Court FOUND Municipal Court has jurisdiction over misdemeanors and Municipal Code Ordinances within the city can be determined by the Lower Court. COURT ORDERED, CASE IS REMANDED for determination of the constitutionality issue.