Ninth Circuit Finds A Limit To Free Speech

That limit is the lap-dance. Such erotic dances are not constitutionally protected “expressive speech”, and are therefore outside the bounds of the irst Amendment. Therefore, local government (and presumably state government) can implement policies which regulate stripper/patron contact.

The city of La Habra requires that lap dancers stay at least 2 feet away from customers during their performances.

Badi "Bill" Gammoh, who owns the Taboo Theater, contends the rule infringes on freedom of expression. The strippers said they also lost money because of the requirement.

A federal appeals court has refused to reconsider a January ruling that upheld the 2-foot rule. But Gammoh's lawyer said their fight isn't over yet.

I don't know about you, but I'm somewhat surprised by this decision. Given that we are talking about the Ninth Circuit, I would have expected a requirement that lap dances receive public subsidies.