Fantasies hosed today in federal court

FEDERAL COURT TO THE HARTMAN SISTERS: ITS ONLY A FANTASY ON 5TH:
In a lengthy decision handed down earlier today, US District Judge Tim Burgess upheld an ordinance passed by the Anchorage Assembly in 2005 restricting several business practices of cer "Adult Establishments" and dismissed claims by businesses that the ordinance violated state and federal constitutions. Kathy and Carol Hartman operate the 5th Ave. establishment and challenged the constitutionality of the municipality’s ordinance in federal court.

The 2005 amendments required that "a separation of a minimum of four (4) feet shall be maintained between entertainers, dancers and/or strippers and patrons," (a "No Touch"provision) and prohibited owners from "broadcasting" to sites outside the licensed adult establishment. At the heart of the controversy was a glass ceiling installed by Fantasies which separated nude dancers in a non alcoholic club below from bar patrons looking down from inside a bar above the strip club. Advertising for both clubs touted the "Fantasy" older bar patrons would enjoy while peering at nude dancing below. An attorney for the Club told the Assembly before the ordinance was passed in 2005 that the "viewing area . . . will be completely glassed in for safety and drool protection."

The municipality won summary judgement on claims made by business owners that the "four foot" rule unconstitutionally infringes on Free Speech, that the ordinance violates the equal protection doctrine, is unconstitutionally vague, and that the "broadcasting" provision violates the Commerce Clause. On provision of the ordinance relating to "simulated sex acts" was stricken, and a number of other claims made by plaintiffs were not addressed by the court. A second order issued by the court one day later resolved remaining claims in the litigation in favor of the municipality. Before the trial court, the case is now over.

Read the court's decision:
First Order
Second Order