Municipalities that want to exclude strip clubs must first consider evidence of potential negative impacts such as rising crime or falling property values, a federal appeals court has ruled.
The 2nd U.S. Circuit Court of Appeals said that, although the U.S. Supreme Court has not "expressly decided the issue," its case law suggests that town officials must provide evidence of "negative secondary effects" before passing an ordinance to ban nude dancing.
The decision in White River Amusement Pub Inc. v. Town of Hartford, 06-0233-cv, was made by Judges Guido Calabresi, Rosemary Pooler and Barrington D. Parker. Judge Pooler wrote for the panel.
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