Bars with naked bartender8/27/2023 Lanagan says he has a "sweet little thing going on here" for his bears and says there haven't been any problems-so far. ![]() We are assuming employees are wearing clothes."Īs I thought about whether I wanted my drink shaken or stirred, I sat silently at a table and watched a group of nude, potbellied men try to bank their balls off the rim of the table under a sign that read, "NAKED POOL, ALWAYS WELCOME." Next to me, an attractive older gent said to his younger, buzz-shaven friend, "It would be weird to play pool naked." His friend replied: "It'd be weird to do anything in public naked." And as for the health department? Dave Martin of the Oregon Department of Human Services' Foodborne Illness Prevention Program says, "Our rules don't specifically prohibit no clothing-our rules specify clean outer garments and clean hands and arms. The Oregon Liquor Control Commission just posted about this on its blog (who knew it had one of those?) at, stating, "Nude dancing and other forms of sexually explicit entertainment is a constitutionally protected form of free expression." According to the post: "When this ruling went into effect, the OLCC no longer had any authority to regulate nude or lewd activities in businesses that hold a liquor license." Which means it doesn't touch nude servers. “They shouldn’t go beyond that.According to Lanagan, there's nothing out there to stop him. “The ABC should be in the business of regulating alcohol,” he said. Peter Eliasberg, an ACLU staff attorney who has fought the ABC in a previous case, said he believes the department should not be worrying about what dancers are doing. The appeals board determined that the dancers’ actions were part of the “expressive element of the dance.” Vicary appealed the decision to the board, which is made up of members appointed by the governor. In response to the reports, an administrative law judge in February 2000 suspended Vicary’s license to sell alcohol. The rule says those actions are “deemed contrary to public welfare and morals.” In 1999, department agents reported that seven women dancers had violated one of those regulations: a rule prohibiting dancers from touching, caressing or fondling themselves. But bars such as Vicary’s can serve alcohol if their dancers are topless and follow ABC regulations. State regulations prohibit bars from serving alcohol if they offer nude dancing. Vicary has run Angels Sports Bar in Corona since 1992 and has provided topless dancing since 1996, according to legal papers in the case. Manheim said California courts that are asked to make rulings on the constitutionality of city ordinances will probably not pay that much attention to the appeals board ruling. “There is a tendency of cities to go too far and try to regulate more than they constitutionally can,” he said. ![]() Such measure are often too restrictive to hold up in court. Some city councils pass their own ordinances-ranging from zoning regulations to rules prohibiting physical contact between dancers and patrons-in an attempt to shut down bars, Manheim said. Loyola law professor Karl Manheim said the ruling will affect the department, but its effect on cities depends on how much they use the ABC to “enforce their moral standards.”Ĭities trying to shut down topless and nude clubs sometimes call the department to report possible violations. He declined to comment specifically on the ruling. “We are just reviewing our options to decide whether we intend to basically appeal.” “The ball is in our court,” said department spokesman Carl DeWing. The Department of Alcoholic Beverage Control has until next month to decide whether to ask the state appellate court to review the case. Diamond added that bars no longer have to be worried about the ABC taking away their licenses if their dancers touch themselves while dancing.
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