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Nearly a decade later, the Court addressed a similar Pennsylvania ordinance that banned completely nude dancing at strip clubs in (2000). Writing for the majority, Justice Sandra Day O’Connor used the secondary effects doctrine to justify the ordinance. She reasoned that the ordinance did not target the “primary effects of the expression . . . but rather the secondary effects, such as the impacts on public health, safety, and welfare.”
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Unfortunately, the show underwhelmed. Some of our party, good sports, feigned enthusiasm. Not all, though. As the show reached its supposed climax in a fatuously unerotic male-female nude duet, one chap leaned across the table and said, in piercing Bertie Wooster tones: “I say, Leo! Are you getting together a party for the Caledonian Ball this year? Because, if so, I’m frightfully interested.” (The Royal Caledonian Ball is a grand event of traditional Scottish dancing.)
On this date in 1998, Fargo voters rejected an ordinance that would have outlawed nude dancing in liquor establishments. Here’s the complete story as it appeared in the paper that day:
