18-year-olds can dance nude!

A state law raising the minimum age for nude dancers from 18 to 19 appears to violate the First Amendment right to free expression, a federal judge has ruled in barring enforcement of the law. "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 on Aug. 27. The law had been set to take effect the next day, but Bazooka`s, a Kansas City cabaret featuring nude dancing, and two of its 18-year-old dancers sought a restraining order. Smith said the 18-year-old dancers were likely to suffer irreparable harm if the statute were enforced. Both dancers testified on Aug. 27, 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," he said. Bazooka`s and the two dancers - Ashlea Nichol Williamson and Christine Dunkin - sued on Aug. 25 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. Bazooka`s 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 argued that although 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. Mollenkamp said it was up to lawmakers, not the courts, to determine the rightful age limit. He 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. Both of the dancers who testified said they made about $200 a day. They said the money enabled them to pay for their housing, cars, child care 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.