By Dan Horn
The Cincinnati Enquirer

The latest attempt to regulate adult entertainment in Clermont County was declared unconstitutional Thursday.

The U.S. 6th Circuit Court of Appeals ruled that Union Township officials went too far when they imposed strict licensing rules on the Deja Vu cabaret, which features nude dancing.

The township's rules required the owners to obtain a license, limited the club's hours and gave police broad authority to inspect the premises for possible health and safety violations.

Township officials contended the regulations were needed because they feared adult businesses would bring crime and related problems to the community.

Deja Vu's attorneys argued that the rules restricted free speech and unfairly applied only to adult businesses. They said the decision Thursday shows that licensing rules that single out adult businesses are fundamentally flawed.

"I think the message is loud and clear," said H. Louis Sirkin, Deja Vu's attorney in Cincinnati. "Communities should stop trying to restrict free expression."

Township officials could not be reached Thursday, and their attorney, Larry Barbiere, declined comment.

The 6th Circuit's decision goes further than an earlier decision by U.S. District Judge Sandra Beckwith, who ruled more than a year ago that portions of the township's law were unconstitutional.

In a 2-1 vote, the panel of appellate judges ruled that Union Township's law did not allow for a prompt judicial review should the township reject a business owner's application for a license.

The panel also concluded that it was unfair to force adult clubs to close at midnight simply because they were located in a precinct that did not allow the sale of liquor. Bars in other parts of the community were permitted to remain open until 2:30 a.m.

Another problem, the judges said, was a provision in the law that allowed police to inspect adult businesses at "all reasonable times" without a warrant or court order.

Such inspections may "intimidate parties into censoring their own speech," wrote Judge Eric L. Clay, who was joined in the majority decision by Judge William J. Haynes Jr.

Judge Ronald Lee Gilman concurred with most of the decision but dissented on the licensing issue, saying the judicial review process was adequate.

The 6th Circuit's decision is the second defeat in six years for the township, which first tried in 1997 to restrict nude dancing.

Despite the latest defeat, those who oppose adult businesses want the township to keep fighting. They say licensing rules are legal and, if properly worded, can withstand constitutional challenges.

"There's plenty of case law out there that allows cities to minimize the negative impact of these businesses," said David Miller, vice president of Citizens for Community Values.

Township officials must now decide whether to drop the case, request another hearing before all the judges of the 6th Circuit or appeal Thursday's decision to the U.S. Supreme Court.

E-mail dhorn@enquirer.com