Argued December 9, Decided March 17, Allan S. Plaintiff R. RVS argues that the Ordinance violates its rights under the First Amendment to the United States Constitution and appeals the district court 's judgment in favor of Rockford. For the reasons stated herein, we reverse the judgment of the district court and remand the case for entry of judgment consistent with this opinion. According to RVS's owner, James Roddy , Moulin Rouge planned to be an "upscale" facility serving food along with "theme dancing" and "artistic performances.
This newly passed ordinance defined, for the first time, a category of businesses known as Exotic Dancing Nightclubs and required that such businesses apply for a special use permit. By definition, the Ordinance only applies to dancers who are clothed — nude and semi-nude dancers are regulated by a separate Rockford ordinance that deals with "Sexually Oriented Businesses.
Under the Ordinance, an Exotic Dancing Nightclub is defined as:. A business establishment at which one or more exotic dancers perform or provide entertainment to a patron or patrons. Exotic dancer means any person, whether compensated or not, who dances, performs, or entertains by doing a "striptease" or performs an erotic dance or other movements which include the performer touching their breasts or pubic area, or performing any movements simulating sexual activity while wearing fully opaque clothing covering over primarily the genitalia, pubic region, buttocks and if the person is female the portions of the breast below the top of the areola.
The Ordinance provides that Exotic Dancing Nightclubs are prevented from operating within feet "of a church, school, residential district or another exotic dancing nightclub. Furthermore, even in those areas that are not within feet of the designated locations, an Exotic Dancing Nightclub must obtain a special use permit specifically allowing its operation at the location it has selected. Alderman "Ald. The matter was referred to the Council's codes and regulations committee.
On September 30, , the City Council adopted the codes and regulations committee's report recommending that Rockford file text amendments to the Zoning Ordinance regarding Exotic Dancing Nightclubs.
