Judge bars age changes for nude dancers

A judge Wednesday barred enforcement of a Missouri law raising the minimum age of nude dancers from 18 to 19, a measure initially promoted to prevent exploitation of young women. "I`m not persuaded that (the law) furthers a substantial government interest, nor am I persuaded that the government interest in this case is unrelated to suppression of free speech," U.S. District Judge Ortrie Smith ruled. The law had been set to take effect today. Smith granted a temporary restraining order sought by Bazooka`s, a Kansas City cabaret featuring nude dancing, and two of its 18-year-old dancers. Smith said the 18-year-old dancers were likely to suffer irreparable harm if the statute were enforced. Both dancers testified Wednesday, describing themselves as "live adult entertainers" whose work at Bazooka`s was the primary means of support for themselves and their 2-year-old children. After the hearing, the general manager of Bazooka`s, Richard T. Snow, said he was pleased with Smith`s ruling. "I didn`t think the government`s case had any merit," Snow said. Bazooka`s and the two dancers - Ashlea Nichol Williamson and Christine Dunkin - sued on Monday to prevent enforcement of the statute. Jay Nixon, as the state`s attorney general charged with enforcing Missouri`s laws, was named as the only defendant. The law was passed by the General Assembly in May and signed by Gov. Bob Holden last month. Tucked into an otherwise unrelated liquor-control bill, the provision was sponsored by Sen. Sarah Steelman, a Rolla Republican. Steelman originally had sought to raise the minimum age to 21, but that bill did not make it out of the House. At the time, Steelman was quoted as saying that women could earn hundreds of dollars a day dancing nude but were at risk of being exploited. She also expressed concern that young women who performed in adult clubs might get involved in pornography. Steelman could not be reached for comment Wednesday. Bazooka`s, which is at 17th and Main streets, is a so-called juice bar and serves no alcohol. As such, it is not regulated by state and local laws requiring dancers in clubs that serve alcohol to be partly covered. In arguing that the minimum-age law was arbitrary and violated the First Amendment, Bazooka`s attorney Richard Bryant acknowledged that the government could regulate nude dancing but said the statute impinged too much on the right of free speech. The bill, he said, bans 18-year-olds "from engaging in the exact same activity as a 19-year-old," even though 18-year-olds are not considered minors under Missouri law. Assistant Attorney General John Mollenkamp, representing Nixon`s office, argued that while the law prohibited 18-year-olds from dancing nude in adult clubs, it did not prevent them from dancing partly clothed in clubs that serve liquor, dancing nude in the privacy of their homes or even appearing nude in videotapes. "In another words," he said, "there are alternatives." But a skeptical Smith asked Mollenkamp: "What is the government interest here?" Mollenkamp responded: "The protection of young people." He said it was up to the legislature, not the courts, to determine the rightful age limit. Mollenkamp also said that legislators were concerned about the secondary effects associated with some adult entertainment establishments, such as crime. Smith questioned why there would be any greater secondary effects from 18-year-olds dancing nude than from 19-year-olds. In issuing the restraining order, Smith said he was satisfied that the plaintiffs would probably prevail on the merits of the case. Although he said he was not convinced that Bazooka`s would suffer irreparable harm -- Snow testified Wednesday that no more than half a dozen of the club`s 70-plus dancers were 18 -- Smith said he expected Williamson and Dunkin would "suffer a threat of irreparable harm" if enforcement of the statute were not prevented. Both women said they made about $200 a day. They said the money enabled them to pay for their housing, automobiles, day-care expenses and other bills. The restraining order expires in 10 days unless the parties agree to extend it. Smith will then consider whether to issue a preliminary injunction, pending a full trial on the merits, barring enforcement of the statute.