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Ohio's prohibition on nudity and sexual activity at establishments where alcohol is served is not unconstitutional, the 6th Circuit ruled.

The district court had issued an injunction preventing the enforcement of the Ohio Liquor Control Commission's Rule 52.

J.L. Spoons Inc., the owner of a group of Ohio strip clubs, had claimed that Rule 52 violated its First Amendment rights, because some artistic dance performances may be found to violate the rule.

Judge Siler overruled the district court, stating that the rule is not unconstitutionally over-broad.

"Persons desiring to perform mainstream works of art involving nudity and sexual activity may do so in an establishment that is not licensed to sell liquor," Siler wrote. "Mainstream works of art that merely suggest sexual activity will not be burdened."


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