The Joplin Globe, Joplin, MO

August 26, 2010

Judge to rule today on lawsuit challenging sex-business controls

By Susan Redden
news@joplinglobe.com

— A member of a Jasper County group that called for stricter controls over sexually oriented businesses locally expressed confidence that a state law restricting the operations will be upheld.

“It’s based on language that has been upheld a lot of times,” John Putnam, of rural Carthage, said Thursday.

An attorney for sexually oriented businesses on Thursday urged a Missouri judge to temporarily block new restrictions on strip clubs and adult bookstores from taking effect Saturday, when most laws passed in this year’s legislative session go into force.

Cole County Circuit Judge Jon Beetem said he hopes to make a decision today whether to issue a temporary restraining order against the law.

At issue is a law that keeps new sexually oriented businesses away from homes, schools, churches and parks. It also bans full nudity, alcohol, and touching between employees and patrons. And it requires the businesses to close by midnight.

The attorney for sexual businesses argued Thursday that the restrictions violate free speech and expression rights, and that legislators violated procedures when passing the law.

Attorney Raymond Vasvari, of Cleveland, representing the numerous erotic businesses and dancers who filed suit to challenge the law, argued that Missouri lawmakers violated the state constitution by passing the legislation without a committee meeting on an appeal of an official estimate that said the bill would cost the state nothing, and would cost local governments less than $100,000 annually in lost licensing fees.

The Missouri law requires sexually oriented businesses to close by midnight, and bans full nudity, alcohol, minors, and touching between semi-nude employees and customers. To ensure a hands-off policy, it mandates that semi-nude employees remain on a stage at least six feet from customers. It also bans new sexual businesses from locating within 1,000 feet of homes, schools, churches, libraries, parks, day care centers and other sexually oriented businesses.

The suit was filed by Michael Ocello, the Missouri Association of Club Executives, a dozen  retailers, and three women identified as Many, Betty and Cindy Doe.

To read more of this story, see Friday’s edition of the Globe.

The Associated Press contributed to this report.