Nude Dancing Laws Struck Down

The state Supreme Court on Thursday struck down a section of a Seattle City ordinance that requires nudedancing establishments and their performers to obtain adult entertainment licenses.

Writing for the unanimous court, Chief Justice Barbara Durham said nude dancing is constitutionally protected expression.

The unanimous decision was based on grounds that the ordinance violated constitutionally protected expression and failed to provide for judicial review of actions revoking or suspending licenses.

The challenge to the ordinance was mounted by Rick’s, a nude-dancing establishment, and Autumn Willows and Gina Ware, who perform nude dancing at Rick’s.

Under the ordinance, a license may be suspended, denied or revoked for violation of any ordinance or law that regulates licensed activity.

The decision to revoke, suspend or deny a license is made by a hearings examiner.

Rick’s and the two dancers argued that the Seattle licensing scheme is unconstitutional because it fails to provide a stay of license revocation or suspension pending judicial review.

Left intact, however, were other sections of the ordinance remain in force. For example, Durham wrote, sections that nude dancing may occur only on a stage set back from the audience and that entertainers, when nude or seminude, are prohibited from mingling with patrons and other regulations stand.