Village of Winslow v. Sheets, 261 Neb. 203

Summary

The Supreme Court of Nebraska upheld a permanent injunction prohibiting totally nude dancing at Café 77 under Village of Winslow Ordinance No. 96. The court held that the ordinance was a content-neutral regulation of the secondary effects of nude dancing, satisfied intermediate scrutiny under the O'Brien test, and was not unconstitutionally vague. The Village's cross-appeal concerning additional nuisance activities was dismissed as moot.

Holdings

1. Ordinance No. 96 was a content-neutral regulation aimed at the harmful secondary effects of nude dancing establishments rather than at suppressing the expressive message of nude dancing.
2. Ordinance No. 96 satisfied intermediate scrutiny under the expressive-conduct test announced in United States v. O'Brien and therefore did not violate the First Amendment.
3. Ordinance No. 96 was not unconstitutionally vague as applied to Café 77's completely nude dancing.
4. Because completely nude dancing violated Ordinance No. 96, it constituted a nuisance under the ordinance and could be enjoined.
5. The Village's cross-appeal concerning separate injunctions for excessive noise, littering, and public urination was moot.

Questions Presented

1. Whether Ordinance No. 96 was specifically directed at expression or was a content-neutral regulation of the secondary effects of nude dancing establishments.
2. Whether Ordinance No. 96 violated the First Amendment.
3. Whether Ordinance No. 96 was unconstitutionally vague because of its savings clause for expression of opinion and bona fide plays, ballets, or dramas.
4. Whether completely nude dancing at Café 77 constituted a nuisance subject to injunctive relief under Ordinance No. 96.
5. Whether the Village's cross-appeal seeking separate injunctions for excessive noise, littering, and public urination presented a moot issue.

Disposition

affirmed