Court strikes down 'lewd' behavior law

By Maryclaire Dale
Associated Press

A federal appeals court panel has struck down a Pennsylvania law on "lewd" behavior at liquor establishments, agreeing with two exotic dancers that the law is too broad and infringes on free speech.

The state Liquor Code statute punishes "a significant amount of protected speech," such as legitimate performances in theaters or comedy clubs where liquor is sold, a three-judge panel of the U.S. Court of Appeals for the Third Circuit ruled.

"As for what expression falls within the prohibition on 'lewd entertainment,' we, like the plaintiffs, find this to be a difficult question to answer," Judge Julio M. Fuentes wrote.

The case involves the operator and two exotic dancers at Club Risque, a nightclub in South Philadelphia's waterfront area. Although they had never been cited for violating the statute, they sued state police in 2001 to stop them from enforcing it. The statute bans "any lewd, immoral or improper entertainment" at establishments that serve liquor.

The dancers, Gail Baker and Sabrina Barrar, performed wearing only high heels, G-strings and latex pasties but were not allowed to have direct contact with customers.

Under the state statute, offenders could be convicted of a misdemeanor that carries a $5,000 fine and up to a year's imprisonment, along with the loss of the liquor license.

John O.J. Shellenberger, the chief deputy Pennsylvania attorney general who argued the case, said he did not know how the ruling would affect enforcement of the law. He declined to comment further.

J. Michael Murray, a lawyer who represented Club Risque, did not immediately return a phone message yesterday.