HomeMy WebLinkAboutA003 - Legal Opinion dated February 10, 1994 AMES
CI T Y O F A M E S
P.O. BOX 811 AMES IOWA 50010
Community-University-Opportunity
February 10, 1994
The Honorable Larry R. Curtis, Mayor,
and Members of the City Council
of the City of Ames, Iowa
Re: Minors Attending Nude Performances
Dear Mayor Curtis and Council Members:
With the clear understanding that litigation to challenge it's enforcement is
foreseeable, and the outcome is not predictable, you could consider an ordi-
nance as follows:
"Persons under the age of 18 years shall not attend any live enter-
tainment or performance presented for commercial purposes, that
consists in whole or in part of persons exposing human genitalia,
human buttocks, or the human female breast nipple. No person shall
participate in presenting such entertainment to a person under the
age of 18. Persons in violation shall be guilty of a municipal
infraction punishable by a civil penalty of $30.00 for a first
offense, $100 for a second offense, and $200 for the third and each
subsequent offense."
In litigation challenging this ordinance, the City would be expected to have
some evidence to present to show a public purpose that would outweigh the 1st
Amendment rights of the performers and the juvenile attendees.
Yours truly,,
l c
John R. Klaus
City Attorney
515 Clark Avenue, P.O. Box 811
Ames, Iowa 50010
(515) 239-5146
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