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We affirm. The facts of this case can be found in more detail in the district court's opinion, Ways v.Women In Greensboro Mi
City of LincolnNo. July 29, Briefly, Ways is the owner and operator of Mataya's "Babydolls" Gentlemen's Theatre Club Mataya'san adult entertainment business featuring clothed, topless and nude dancers, located in Lincoln, Nebraska.
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The breasts, hips and buttocks of these dancers often come into contact with patrons and other dancers during the performances.
Additionally, the dancers sometimes simulate oral sex with patrons. Members of the Lincoln Police Department city of Lincoln Nebraska nude ladies an doncaster gay escorts investigation and determined that Mataya's was in violation of the Lincoln Municipal Code section 9.
Ways was convicted Nebraaka violating Ordinance No.
Ways filed a complaint and an amended complaint in federal district court, alleging a variety of things. Of note to us here are Ways's allegations that Ordinance No. Ways appeals. Ways argues that this ordinance is unconstitutionally overbroad.
In Ways v. City of LincolnF. We compared the original ordinance, Ordinance No. MillerF. In adopting Ordinance No. Thus, we agree with the district court that the ordinance is not unconstitutionally overbroad.
a year-old woman from lincoln, nebraska has been ticketed for issued tickets for violating the city's ordinance on public nudity. the pictures. A Lincoln woman, who made headlines in when she was of the city ordinance that prohibits the “showing of the female breast with less. City of Lincoln, a City of the Primary Class; Don Wesely, Mayor of Lincoln; City featuring clothed, topless and nude dancers, located in Lincoln, Nebraska. . the showing of the female breast with less than a fully opaque covering on any part.
Ways also argues that Ordinance No. In Ways Iwe upheld the district court's conclusion that Ordinance No.
Ordinance No. Thus, Ordinance No. Ways argues that his and his employees' freedom of expression is violated by Ordinance No.
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The district court correctly applied the test from United States v. O'BrienU. Ways is adamant that "secondary effects" are a disputed Nebradka preventing summary judgment because "the question of whether or not there is a secondary effect is before this Court and clearly in dispute.
The City Council in passing this Ordinance This argument misses the mark. The city did not need to Nebraksa evidence of localized secondary effects of an adult entertainment business, but rather can rely upon the experiences of other communities in which such deleterious secondary effects have been discerned.
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FarkasF. Finally, Ways argues that his and his employees' equal protection rights are violated by Ordinance No. Ways argues that this statute treats men and women differently because men may expose their breasts, but women may not. The district court ladkes not address the issue of whether this was a gender-based classification subject to the heightened scrutiny standard of United States v.
This was because the district court found that even if it amounted to such a classification, the statute met this high standard. Under Virginiathe state must persuasively show that certain gender-based classifications serve "important governmental objectives" and that the statute in question is "substantially related to the achievement of those objectives. As the district court found, the city's interests in preventing the secondary adverse effects of public nudity and protecting the order, morality, health, safety, and well-being of the populace are important.
The ordinance is substantially related to those objectives, and thus the higher standard is satisfied. City of Lincoln Nebraska nude ladies of New YorkF. Ways's remaining contentions on appeal are without merit and do not warrant discussion.
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Ways asserted a number of other claims in his amended complaint and referred to some of these claims in his appeal. We find it necessary to address only three of these claims because the other claims are clearly without merit or have not been properly raised on appeal. Included city of Lincoln Nebraska nude ladies these meritless claims is Ways's argument that Mataya's is a "theater" deserving of an exemption under the statute.
The facts in the record clearly show that Mataya's is not a theater as defined by the ordinance, or by any common sense definition of the city of Lincoln Nebraska nude ladies. Instead it is a nude dancing, adult entertainment business that engages in simulated sexual activities designed to sexually arouse and gratify the patrons. Arguably, the higher standard would not apply because the "discrimination" was based on a real physical difference between men knoxville personals women's breasts, thus men and women were not similarly situated for equal protection purposes See State v.
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TurnerN. Davis51 Cal. Receive free daily summaries of new opinions from the U. Court of Appeals for the Eighth Circuit. Enter your email. John Ways, Appellant, v. Court of City of Lincoln Nebraska nude ladies for the Eighth Circuit - F. April 18, Filed: June 11, Robert W. Chapin, argued, Lincoln, NE, for appellant. Conner L. Reuter, argued, Lincoln, NE, Nebrasja appellee. Justia Legal Resources. Find a Lawyer.
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