Commonwealth of Kentucky v. Edward Green Jameson

Summary

The Supreme Court of Kentucky reviewed McCracken County Ordinance No. 2000-4, which regulated sexually oriented businesses through requirements concerning dancer attire, operating hours, and physical contact with patrons. The court held that Jameson had not presented sufficient evidence to cast direct doubt on the county’s rationale concerning the ordinance’s secondary-effects regulation, reversed the Kentucky Court of Appeals, and reinstated the district court’s judgment. The opinion addresses First Amendment standards applicable to sexually oriented businesses and the evidentiary framework for evaluating such regulations.

Holdings

1. The ordinance is content neutral because it regulates the negative secondary effects associated with sexually oriented businesses rather than suppressing the erotic message conveyed by nude dancing.
2. Ordinance No. 2000-4 satisfies the O'Brien test because it is within the county's constitutional power, furthers a substantial governmental interest, is unrelated to suppression of expression, and imposes only a minimal restriction on expression.
3. Jameson did not present actual and convincing evidence sufficient to cast direct doubt on the county's rationale, so the evidentiary burden did not shift back to the county.
4. A municipality need not demonstrate actual secondary effects in its own locality before adopting an ordinance regulating sexually oriented businesses.

Questions Presented

1. Whether McCracken County Ordinance No. 2000-4 is a content-neutral regulation subject to the four-part test of United States v. O'Brien.
2. Whether the ordinance furthers a substantial governmental interest in combating the negative secondary effects associated with sexually oriented businesses.
3. Whether Jameson's evidence was sufficient to cast direct doubt on the county's rationale and shift the evidentiary burden back to the county under City of Los Angeles v. Alameda Books, Inc.
4. Whether a municipality must demonstrate localized secondary effects before enacting an ordinance regulating sexually oriented businesses.

Disposition

reversed