Friday, July 30, 1999
Federal judge rebuffs nude club's opponents
The Associated Press
DAYTON, Ohio — A nightclub that features nude dancing and wants to operate in Troy won a partial court victory Thursday.
U.S. District Court Judge Walter Rice barred enforcement of Troy's adult-entertainment ordinance, but said the nightclub Total Xposure must still obtain a zoning permit from city officials to operate.
Total Xposure opened in March 1997. The following day, Troy City Council enacted an ordinance that said any nightclub must be in harmony with the appropriate development of the zoning district and must not hurt property values. Total Xposure's zoning permit was then revoked.
Last September, Miami County Common Pleas Judge Robert Lindeman upheld the city's decision. Total Xposure then appealed to federal court in Dayton, arguing that the ruling imposed unconstitutional prior restraint on nude and semi-nude dancing.
In Thursday's ruling, Judge Rice said Troy's adult-entertainment ordinance is probably unconstitutional because its language about property values and harmony is indefinite and subjective and gives city officials “unbridled discretion.”
Judge Rice also said the ordinance does not guarantee that a decision on issuing a license to operate is made within a reasonable time or that prompt judicial review is possible if the license is denied.
However, Judge Rice refused to overrule the decision by the Miami County court, which revoked the permit because Total Xposure changed the use of its property without first getting the city's approval. Judge Rice said the Miami County court's ruling had nothing to do with the city's adult-entertainment ordinance.
Judge Rice said Troy officials cannot apply the adult-entertainment ordinance if Total Xposure reapplies for a zoning permit.
Troy is 20 miles north of Dayton.
Help gives agencies warm feeling
Many cool centers empty
Electric fans aren't much help
Businesses boom, bust in heat
Where to get help from the heat
Tips for staying cool
How to conserve energy
Public pools
Summer's R-rated films tempt teens
Surgeons pull out of Anthem Blue Cross
Be prepared for school violence, sheriff warns
Butler eager to put jail inmates in tent
Evening, weekend parking rates fall
Former Ky. official to face theft charge
New site gives parents Web filtering information
Pet killed by mistake at shelter
Rape attempt has suburbs on alert
Cincinnatian added to series' cast
GET TO IT
Inland sailors find relaxation, success on Cowan Lake
'Push for Pencils' starts Sunday for school kids
She likes Florence but loves New York
Arson suspected in 2 Hamilton office fires
Ashland to give $2.5M to Kentucky universities
Bids on bears to brighten shelter for area homeless
City's growth draws candidates
Commissioners firm on airport
Fairfield happy with scores on advanced exams
Federal judge rebuffs nude club's opponents
Ft. Thomas approves new school
Goal: Link with history
Kiddie porn suspect linked to N.Ky.
Land buyout came with limits for township
Mt. Orab tap water defended
Pretty park replaces city water plant
Prisoner's letters provide clues to suicide
Retiring director saw library grow
Runner's therapy leads to victory
Tower controversy lingers
TRISTATE DIGEST
