Third District Judge Leonard H. Russon took under advisement Friday a motion to rule in favor of several businesses that claim Salt Lake City's sexually oriented-business ordinance is unconstitutional.
Russon scheduled a hearing on the motion for judgment, so he could consider it together with a motion to dismiss the case made by Salt Lake City July 1.Several businesses - including escort services, a dancer's association and other adult businesses - filed suit May 1, demanding that the ordinance be declared unconstitutional.
Plaintiff's attorney Jerome Mooney told the court the ordinance was "over-broad and burdensome" because it impacted "the entire scope of what you might call sexually-oriented speech."
Mooney asked the court to declare the ordinance unconstitutional or find that parts of it are unconstitutional and send Salt Lake City "back to the drawing board" to repair the ordinance.
Assistant City Attorney Bruce Baird countered that the ordinance regulates nudity, not speech, and argued the ordinance's regulations were reasonable and "related to the city's goal of suppressing prostitution."
The ordinance requires, among other things, that licensed nude dancers not participate in "out-call" private performances less than 36 hours after an appointment is made with a client.