CHICAGO — The Seventh Circuit this week revived part of an adult nightclub’s challenge to a southern Illinois town’s bans on public nudity, saying the town hadn’t yet proven that nude dancing harmed or endangered its citizens.
However, according to court records, the three-judge panel affirmed the district court’s dismissal of Foxxxy Ladyz’s challenge to the two alcohol-related ordinances, saying that the Village of Dix’s alcohol regulations were within the law and supported by a rational basis and did not single out “sexually oriented businesses.”
The panel revived the adult entertainment club’s challenge to the public nudity ban ordinance, saying that to pass constitutional muster, Dix must provide some concrete evidence indicating that public nudity generates adverse secondary effects, and that Dix has produced no such evidence — either within the village itself or in an analogous municipality.
The panel remanded the case back to the Southern District of Illinois for Dix to produce concrete evidentiary support to back its contention that the nude dancing at Foxxxy Ladyz caused secondary harmful effects to violate a village ordinance.
Foxxxy Ladyz, which offers fully nude dancing and is a “BYOB” establishment that allows customers to bring their own alcoholic beverages, and landlord Dirt Cheap Inc. launched suit in 2013 soon after Dix slapped the establishment with a notice ordering it to comply with the three ordinances.
The plaintiffs argued that the public nudity ban — which individuals could actually get around by wearing pasties and G-strings — violated the free speech protections of the First Amendment, and that Dix lacked the statutory authority to pass the challenged alcohol restrictions, according to court documents.
Dix’s attorney, A. Courtney Cox said Thursday they are pleased with the decision on the alcohol ordinances, and they’re looking forward to presenting the necessary evidence [regarding the public nudity ban] to show the adverse secondary effects on this community.