Callahan: New law restricting strip clubs unconstitutional
I have personally known Judge Rich Callahan for several years going back to when he was the Cole County prosecuting attorney. This law is at best an attempt by the religious right to legislate morality. I'm glad that Judge Callahan was able to see that. No matter what the AG's office does with the ruling now, I am confident Judge Callahan's ruling will be upheld. I have met a great many people involved with law and many attorneys rarely have I met a man who knows the law and in particular Missouri law as well as Judge Callahan.
A Cole County judge on Friday declared a state law that places strict new restrictions on strip clubs is unconstitutional.
Circuit Judge Richard Callahan said provisions of the law, which was to go into effect Sunday, violate state constitutional limits on amending a bill beyond its original purpose, and First Amendment protections of nude dancing.
"The state may not limit persons of majority age from engaging in lawful expressive conduct protected by the 1st Amendment of the United States Constitution without a substantial and direct connection to adverse secondary effects, a showing that has not been made," Callahan said in the declaratory judgment.
Under the law, signed in July by Gov. Matt Blunt, seminude lap dances would have been banned and dancers would have had to stay at least 10 feet from each other. A customer would have faced a misdemeanor charge for tucking a dollar bill into a dancer's G-string.
The law also would have required all dancers and customers to be at least 21 years old. Current law sets the minimum age for dancers at 19.
A dancer at Shady Lady Lounge in Kansas City who goes by the name Peaches said the new law would have cut her income in half. The 26-year-old cosmetology student said she would be hard-pressed to find a different job that gave her the flexibility she has as a topless dancer.
"Show me another job that lets me work three days a week, go to school and support my children," she said.
The bill's sponsor, Sen. Matt Bartle, R-Lee's Summit, said similar laws have been upheld in other states. He did not immediately return a call seeking comment on the judge's ruling Friday evening.
"I react to what my constituents have asked for," Bartle said before the ruling. "I think smut shops in Missouri are incredibly destructive in people lives."
The adult entertainment industry's attorneys claimed the law violates free-speech and expression rights under the First Amendment. They also argued that it violates state constitutional requirements that bills relate to one subject and remain tied to their original purpose.
The subject of the bill that included the strip club restrictions was passed under the heading of "crime" after it initially was labeled as a bill for alcohol-related traffic offenses.
Bartle gave fellow lawmakers 50 case studies that support his belief that strip clubs decrease surrounding property values and increase crime. He said the new law would reduce those negative effects.
Richard Bryant, an attorney for the industry, said the studies were endorsed by religious groups and called them "bogus."
He said a secondary impact study conducted a couple of years ago in Kansas City found that adult businesses did not increase crime or sink property values.
The attorney general's office said it was reviewing Callahan's decision and didn't yet know what actions it might take.
Strip club owners in St. Louis said many customers already drive across the river to Illinois, where restrictions have been less stringent for years, and the new law would only make things worse.
"A lot of dancers are really scared," Peaches said. "It's a terrible and rotten thing to go through. I don't think our government cares one bit about the people in this industry."
Joe Spinello, general manager of the Shady Lady, said the restrictions probably would have forced him to cut staff. Spinello said clubs hurt most by law would be ones that rely on customers and employees who are under 21.
Strip club bill is HB972; court case is 05AC-CC00682 in Cole County.
A Cole County judge on Friday declared a state law that places strict new restrictions on strip clubs is unconstitutional.
Circuit Judge Richard Callahan said provisions of the law, which was to go into effect Sunday, violate state constitutional limits on amending a bill beyond its original purpose, and First Amendment protections of nude dancing.
"The state may not limit persons of majority age from engaging in lawful expressive conduct protected by the 1st Amendment of the United States Constitution without a substantial and direct connection to adverse secondary effects, a showing that has not been made," Callahan said in the declaratory judgment.
Under the law, signed in July by Gov. Matt Blunt, seminude lap dances would have been banned and dancers would have had to stay at least 10 feet from each other. A customer would have faced a misdemeanor charge for tucking a dollar bill into a dancer's G-string.
The law also would have required all dancers and customers to be at least 21 years old. Current law sets the minimum age for dancers at 19.
A dancer at Shady Lady Lounge in Kansas City who goes by the name Peaches said the new law would have cut her income in half. The 26-year-old cosmetology student said she would be hard-pressed to find a different job that gave her the flexibility she has as a topless dancer.
"Show me another job that lets me work three days a week, go to school and support my children," she said.
The bill's sponsor, Sen. Matt Bartle, R-Lee's Summit, said similar laws have been upheld in other states. He did not immediately return a call seeking comment on the judge's ruling Friday evening.
"I react to what my constituents have asked for," Bartle said before the ruling. "I think smut shops in Missouri are incredibly destructive in people lives."
The adult entertainment industry's attorneys claimed the law violates free-speech and expression rights under the First Amendment. They also argued that it violates state constitutional requirements that bills relate to one subject and remain tied to their original purpose.
The subject of the bill that included the strip club restrictions was passed under the heading of "crime" after it initially was labeled as a bill for alcohol-related traffic offenses.
Bartle gave fellow lawmakers 50 case studies that support his belief that strip clubs decrease surrounding property values and increase crime. He said the new law would reduce those negative effects.
Richard Bryant, an attorney for the industry, said the studies were endorsed by religious groups and called them "bogus."
He said a secondary impact study conducted a couple of years ago in Kansas City found that adult businesses did not increase crime or sink property values.
The attorney general's office said it was reviewing Callahan's decision and didn't yet know what actions it might take.
Strip club owners in St. Louis said many customers already drive across the river to Illinois, where restrictions have been less stringent for years, and the new law would only make things worse.
"A lot of dancers are really scared," Peaches said. "It's a terrible and rotten thing to go through. I don't think our government cares one bit about the people in this industry."
Joe Spinello, general manager of the Shady Lady, said the restrictions probably would have forced him to cut staff. Spinello said clubs hurt most by law would be ones that rely on customers and employees who are under 21.
Strip club bill is HB972; court case is 05AC-CC00682 in Cole County.
posted by Shane at 7:51 AM
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