Three South Salt Lake strip clubs have been restricted to pasties and G-strings.

After five years of legal battles in the district, state and federal court systems, the Utah Supreme Court on Friday ruled 3-2 that all-nude dancing is not protected under the Utah Constitution. The ruling came in favor of South Salt Lake City, which five years ago passed an ordinance banning the all-nude clubs.

The three strip clubs affected by the ruling — American Bush, Paradise Modeling and Leather and Lace — must now continue complying with the city-imposed rule in order to operate in South Salt Lake.

"In light of historical evidence, is it inconceivable that the framers of our Constitution or the citizens of this state intended to protect nude dancing under the constitutional right of the freedom of speech," Justice Jill Parrish wrote in the 90-page ruling.

But Andrew McCullough, the attorney for the formerly all-nude, no-alcohol clubs, said his clients were disappointed at the outcome and had hoped strippers would be performing fully nude routines by Friday night.

"To say we need to look at it in the view of the people in 1840s who still favored slavery?" McCullough said. "What they did today is not narrowly focused on nude dancing. It's saying the constitution is not giving you as many protections as you thought it did. People across the spectrum should be concerned."

South Salt Lake's attorney, Dave Carlson, applauded the justice's decision.

"I was glad they shied away from the temptation to make the Utah Constitution an evolving document," he said. "The main concern was South Salt Lake did not want to be the home for people that frequent those types of businesses."

In the wake of a 2000 U.S. Supreme Court ruling that affirmed the power of municipalities to restrict nude dancing, the South Salt Lake City Council voted in 2001 to eliminate all-nude performances. The ordinance forced the three clubs, which by law could not serve alcohol, to either cover up or shut down.

Without nude dancing, the three clubs are in the same category as four other South Salt Lake semi-nude strip clubs that serve alcohol. McCullough said the three clubs he represents must serve alcohol in order to stay competitive.

"I can tell you, he doesn't want to serve alcohol," he said of American Bush's owner. "He thinks it's a problem. Customers are more difficult to deal with, social costs are higher. I find it difficult to think that if the City Council had a choice, they'd pick the alcohol. That's a choice that doesn't make any sense."

Originally, the businesses sought legal redress in district court. But the plaintiffs eventually made claims under the U.S. and Utah Constitutions, splitting their case into both the state and federal court systems. The case is still pending in the U.S. Supreme Court.

South Salt Lake's Carlson, however, thinks it's unlikely any further court consideration will occur.

"We've been litigating this sexual-oriented businesses thing now for five years, and we've been vindicated every step along the way," he said.

All three clubs have been complying with the city regulation since 2001. American Bush and Leather and Lace are still operating, but the owner of Paradise Modeling died during the court wranglings, and the club is currently closed.

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E-mail: astowell@desnews.com