Attorneys representing Salt Lake City and a Salt Lake business group that successfully challenged the constitutionality of the city's sexually oriented business law have signed a temporary truce.
Under the agreement, the city will pay $3,000 in attorneys fees to counsel representing several adult businesses, escort services and the Utah Dancer's Association in lieu of $16,000 originally demanded by the plaintiffs.Additionally, the attorneys agreed not to appeal a ruling by 3rd District Judge Leonard H. Russon, who declared the city's sexually oriented business law unconstitutional in August.
The City Council has since amended the ordinance, which is now back in force.
Attorneys agreed not to appeal rulings on provisions Russon said violated the First Amendment because they were too broad - such as time restrictions for hiring out-call dancers, Assistant City Attorney Bruce Baird said.
But plaintiffs' attorneys said other issues not ruled on by Russon could be challenged in court in the future.
"We'll save those other issues we disagree on for another day and another forum," said Jerome Mooney.
"We still think that it (the ordinance) has some overbreadth problems. They fixed some of them, but some of the provisions are still too vague," he said.
Baird said that with provisions declared unconstitutional now amended, the city has a "fairly bullet-proof" sexually oriented business law.
"We're confident now we have one of the most strict ordinances in the country that has mostly survived the challenges against it," he said.
Among other provisions, the ordinance requires that appointments for non-licensed nude models be made 48 hours in advance and 24 hours in advance for licensed models. Models must pay a $230 fee to obtain a license under the law.
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