Eminent Domain

How Appealing linked to this news story about a recent Utah Supreme Court decision concerning strippers' Constitutional rights. Law is occasionally entertaining.

Three strip clubs (with the incredibly tasteful names American Bush, Leather & Lace, and Paradise) sued over a city ordinance in South Salt Lake that required dancers to wear pasties and G-strings. I'm not defining either of those terms for you. If you don't know what they are, head to Google. The Utah Supreme Court handed down a 3-2 decision upholding the ordinance. The court stated that the Utah State Constitution does not provide greater protection than the US Constitution (yes, the Supreme Court has dealt with this issue) for freedom of expression in this situation. Attorney for the city Scott Bergthold on the federal precedents...

Bergthold paraphrased the U.S. Supreme Court's ruling in two related cases: "Even though it's a little less graphic, the dancers have plenty of opportunity to portray their erotic message without dropping the last stitch."

The court's majority examined the original intent of the Mormon drafters of the Utah State Constitution and agreed. Sadly, only American Bush is still in business. They don't have a liquor license and have been complying with the city ordinance. I guess Utah's not the easiest place to set up shop for that kind of business.