Salt Lake City's sexually oriented business ordinance, declared unconstitutional last week, was amended by the Salt Lake City Council Tuesday and deemed "fixed" by a city attorney.
Third District Judge Leonard H. Russon struck down the law Aug. 2, ruling portions of the ordinance restricting freedom of speech were too vague or overly broad.But Assistant City Attorney Bruce Baird obtained a 10-day stay leaving the ordinance in effect while the city drew up amendments to the law, which were passed unanimously Tuesday.
"We're confident . . . the ordinance will survive," Baird told the council after briefing them on the changes in amendment, the subject of a civil suit filed by dancers, models and other adult entertainers in May.
Attorneys representing several sexually oriented businesses in the civil suit have said they will bring the ordinance back to court if they feel it still impinges on their clients' right to free speech and expression.
The council amended sections of the ordinance Russon called objectionable, including one requiring applicants for licenses divulge their arrest records. The ordinance now requires applicants reveal only criminal convictions.
The council also struck part of the ordinance requiring applicants to reveal to police any information considered by the city to be "reasonably required" to review a sexually oriented business license application.
Russon also threw out time restrictions prohibiting "out-call" performers such as models from visiting clients from 36 to 72 hours after making appointments. The council approved reducing the times to 24 to 48 hours.
Attorneys in the civil suit told Russon the time limits restricted artists from hiring models. Baird told the council Tuesday the amendment would still allow a "budding Michelangelo" to paint models.
Additionally, the council amended a section prohibiting out-call performers from touching customers in public. The ordinance now prohibits touching in "specified anatomical areas."