Constitutional Law

N.J. nude bar can keep go-go going

By By The Associated Press

TRENTON, N.J. ? A divided New Jersey appellate court has overturned a lower court ruling that could have shuttered a nude go-go bar in Middlesex County.

The Borough of Sayreville claims the club violates a state law prohibiting sexually oriented businesses within 1,000 feet of a park or residential area.

But the Sept. 17 appeals court ruling found that the activities at Club 35, also known as Club XXXV, are protected as a form of expression under the First Amendment.

The appeals court also found fault with the town's contention that there were other locations in the same market area where the club could operate without violating the state law.

The 2-1 decision in Borough of Sayreville v. 35 Club sends the case back to state Superior Court.

Full post as published by First Amendment Center on September 19, 2010 (boomark / email).