Foxxxy Ladyz Adult World, Inc. v. Village of Dix, Illinois

Federal 7th Circuit Court
Civil Court
First Amendment
Citation
Case Number: 
No. 14-1642
Decision Date: 
March 10, 2015
Federal District: 
S.D. Ill.
Holding: 
Affirmed and reversed in part and remanded
Dist. Ct. erred in dismissing plaintiff-adult night club’s First Amendment challenge to defendant’s ordinance that banned public nudity/nude dancing that occurred at plaintiff’s night club, even though defendant argued that said ban was aimed at preserving “social order, health, welfare and safety of citizens.” Defendant failed to allege existence of tangible evidence that would establish link between prohibited nude dancing and cited harmful secondary effects. However, Dist. Ct. did not err in dismissing plaintiffs’ challenge to two ordinances that essentially banned plaintiff’s customers from bringing liquor into plaintiff’s night club, since said ban did not violate either Illinois Liquor Control Act or Municipal Code and otherwise had rational basis. Moreover, First Amendment does not entitle bar, its dancers or patrons to have alcohol available during presentation of nude or semi-nude dancing.