Ky Supreme Court Throws Out 'No-Touch' Rule

by scrosby on April 22, 2010

from Kentucky Public Radio’s Tony McVeigh

The Kentucky Supreme Court is upholding most of the restrictions Louisville Metro Government has placed on adult entertainment establishments.

In 2004, Louisville Metro Government amended local ordinances on adult entertainment establishments, to address perceived adverse secondary effects, like increased crime, and sexually transmitted diseases.

On constitutional grounds, 25 businesses filed suit, challenging anti-nudity provisions, buffer zones between patrons and dancers, and a blanket “no touch” provision.

The Court of Appeals upheld all challenged provisions. A unanimous Supreme Court is doing the same, except for the “no touch” provision.

The high court says the provision is too broad because it prevents lawful, non-sexual, consensual touching, such as hand shaking.

Writing for the court, Justice Wil Schroder says, “The non-sexual touching that is common in our culture…does not always lead to sexual behavior, and we will not cynically presume otherwise.”

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