1. Herbert Odle v. Decatur County.
- Author
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Bartlett, Brian
- Subjects
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ACTIONS & defenses (Law) , *LEGAL judgments , *DANCERS , *LICENSES , *DISTRICT courts , *NUDITY , *ALCOHOLIC beverages - Abstract
The article focuses on the court case Herbert Odle v. Decatur County, Tennessee. An ordinance adopted by Decatur County in May 2000 prohibited nudity where alcohol was sold. Herbert Odle, who operated an establishment where nude and semi-nude dancers performed and alcohol was sold, along with four dancers appealed against the ordinance which would require him to obtain a licence. The appeal said that it is unconstitutionally overboard to prohibit nudity and sexually suggestive conduct where alcohol is sold and requiring all adult-oriented establishments to obtain a license as it makes no attempt to regulate only those expressive activities associated with harmful secondary effects. Odle also said that this ordinance would potentially prohibit a broad range of constitutionally protected activities. They sued the County to permanently enjoin enforcement of the ordinance by arguing that it is a censor on protected expression. The federal district court rejected the claims of Odle. Odle and the dancers again appealed and this time the Sixth Circuit ruled that the ordinance was overboard.
- Published
- 2005