Pole Dancing Tests the First Amendment

[gonzo]

--NY Times

ADAMS TOWNSHIP, Pa. — It is safe to say that last week was the first time the American Civil Liberties Union of Pennsylvania had ever filed a federal lawsuit on behalf of a pole dancing instructor.

But Witold J. Walczak, the organization’s legal director, said the issues involved were common to many of its cases.

“Why is the A.C.L.U. here?” Mr. Walczak asked. “The simple reason is this involves teaching, and that is expression protected by the First Amendment to the Constitution.”

The instructor, Stephanie Babines, 30, was denied a permit to open a dance studio here. The A.C.L.U. has sued to overturn that decision.

Two years ago, Ms. Babines, who does computer programming and business analysis in her day job, began offering instruction in pole dancing, power lap dancing, salsa and other forms of dance and fitness, in peoples’ homes and in rented space in a dance studio at night and on weekends.

“I love making people feel better about themselves,” she said. “Through the classes, their bodies change. They start losing inches off their waist. They start fitting into their skinny jeans.”

Business, particularly the pole dancing classes, which have been gaining in popularity across the country, has been so good that she put off finishing her master’s degree in elementary education and decided to open her own studio.

She found a storefront in a shopping area in Adams Township — a small suburb 25 miles north of Pittsburgh — next to Movie Stop, a video rental store, and Jimmy’s Strip District Grill and Deli.

But in March, the Adams Township code enforcement officer, Gary Peaco, denied her occupancy permit, ruling that her studio was an adult business and was illegally within 1,000 feet of a bar and a residential area.

According to the lawsuit, in appeal hearings before the township’s Zoning Hearing Board in May and June, Mr. Peaco said he had reached his decision after noticing the black and pink color scheme of Ms. Babine’s Web site — www.ohmyyouregorgeous.com — and the high-heeled shoe in her logo.

In addition, Mr. Peaco testified that even though the dance instruction did not involve nudity and there would be no audience, the dance styles were “provocative” and involved sexual “innuendo.”

Mr. Peaco did not return a phone message left at his home.

Without explanation, the three-member zoning board unanimously denied her appeal on July 29.

“This is in every way a dance studio,” Mr. Walczak said. “The only reason they don’t want her here is the township commissioners just don’t like some of the dances she teaches.”

The chairman of the zoning board, Jeff Brown, rejected that view. “The Zoning Hearing Board enforces the zoning laws of Adams Township,” he said, “and that’s what we did.”

Mr. Brown, 51, an architect, acknowledged that there were three other pole dancing studios in the Pittsburgh area, and hundreds more across the country.

“That’s the great thing about this country. Each township and community gets to make their own laws,” he said. “And I’m sure what they allow in San Francisco and other places is different from what we do here in Adams Township.”

[EmporerEJ]

Should have seen the video from the news.
They couldn't have picked a more "plain Jane" vanilla business to attack.
The township is gonna lose, and lose big.
I only hope it's a cautionary tale for the rest of these idiot communities.

[ali25extreme]

I am one for the pole and dancing as well. If there is no nudity I don't see a problem with the classes being at that location. Some people just need to get over it.

[TheEnforcer]

unbelievable.. it's scary how close minded and control freaks people can be....

[Dravyk]

Originally Posted by TheEnforcer

unbelievable.. it's scary how close minded and control freaks people can be....

Look at the problems Mike Jones from the old CD Babes had for five years or more all because he lived in a town where small-minded people took over the City Council. Besides having five models labeled under 18 and accused of being a pedofile, even though he kept super-maticulous records that showed not a single model was under 18. And they could have -- and should have via 2257 -- asked for those records first. Instead they impounded his equipment including all his computers, put his name out to the local press and caused him hell. And all for no reason.

Yeah, city boy that I am I would never live in a small town.

[trishauptown]

PA is pretty strict on the adult laws.....i sure hope she fights it til the end and wins!!