Critics say lap-dance law does not sit well

Adrienne Packer

Tuesday, Aug. 6, 2002 | 10:42 a.m.

Lawyers question whether Clark County's controversial week-old lap-dancing law, which continues to be popular on radio talk shows, would withstand scrutiny in court if it is challenged.

Critics of the ordinance claim some of its language is too vague and that it veers from the county's intent to regulate the racy, intimate topless club dances to prevent prostitution and drug use.

The law allows strippers to bump and grind on a customer's leg, but not feet, leaving attorneys wondering how enforcement authorities will make the call if the dancer rubs on a knee or ankle.

Another portion of the law prohibits the traditional practice of stuffing tips in a dancer's G-string, allowing only "hand to hand" transactions.

"There are problematic parts of the ordinance and they don't seem to be rationally related to the goals of stopping prostitution and narcotics," said Allen Lichtenstein, an attorney for area strip clubs and the American Civil Liberties Union.

"These are areas that may have problems standing up constitutionally. Whether they are significant enough to create a major challenge remains to be seen."

The commission voted 5-1 Wednesday to approve the ordinance that legalizes lap dancing but places restrictions on the act, limits the method in which tips can be given and prohibits dancers under 21 years old from performing in clubs that serve alcohol.

Deputy District Attorney Kathleen Janssen is confident the ordinance, which was toned down after adult club owners chimed in on the original version, would be upheld in court.

"The vagueness is pretty common to this type of legislation," Janssen said. "It's an ordinance that will withstand scrutiny."

Before county commissioners approved the ordinance, they watched graphic footage from an undercover investigation into strip clubs that was conducted by Metro Police and the county's business license detectives.

Janssen said the written vice reports describe sex acts in more detail. The reports prompted the county to include the tipping restriction and specific language about which part of the customer's body a topless dancer can touch. Essentially the dancer can grind against the leg but cannot engage in more intimate touching.

The report described how customers went beyond tucking dollar bills in dancers' G-strings and explained how some patrons used their feet inappropriately, Janssen said.

"They put tips in other parts of the body near the G-string, which led to the next step, which is prostitution," she said. "It was the same with the feet. They were being used in ways that led to those secondary effects."

Commissioner Yvonne Atkinson Gates, who spearheaded the ordinance, has been flooded with hate mail since Wednesday's meeting and the county has been hit by continuing criticism.

Despite county administrators' claims that the city of Las Vegas was crafting a version similar to Clark County's ordinance, city officials said they only plan to address licenses for dancers.

Las Vegas code prohibits caressing and fondling of a sexual nature and officials believe that is closely connected to prostitution -- the activity they're trying to prevent.

The city also has various punishments for violations. Club owners must pay at least $250 for the first offense, no less than $500 for the second, no less than $9,000 for the third, and for the fourth offense, a $1,000 fine and a week in jail.

John Redlein, deputy city attorney, said while the city won't restrict lap dancing, it might soon require dancers to obtain a license and undergo a background check. The only violations that could keep a stripper from working are prostitution and fraud, he said.

"If she wanted a child care license we might bounce her, but if she wants a First Amendment work card those are the only grounds for denial," he said. "Other than that, I don't know if there is anything else the government can defensively prohibit."

Janssen said Metro Police can charge county topless club owners with misdemeanors -- up to $1,000 fine and up to six months in jail -- if dancers violate the new laws that will go into effect Sept. 1.

The county's only recourse would be to revoke the offending business's liquor or erotic dance license.