If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.
Dance as a means to express an erotic message has existed for centuries. In Biblical times, Salome, daughter of Herodias, danced for King Herod in a manner provocative enough to persuade Herod to offer her half of his kingdom. In other ancient societies, dance was used as a method of encouraging marriage and procreation. Nude or erotic dancing at strip clubs or adult entertainment establishments has also existed for ages. Sometimes adult entertainment establishments exist in moral disfavor within their communities.
This leads to drafting of restrictive ordinances to save the community from whatever harms adult entertainment might cause.
Originally, the restrictions were simple and limited to bans on nudity and or bans on the sale of alcoholic beverages at establishments that exhibited nude dancers. Over time, however, these restrictions have been expanded to include restricting hours of operation, requiring a minimum distance between patrons and dancers, and even eliminating contact between patrons and dancers.
State and local governments regulate adult entertainment businesses mainly through a combination of three devices: zoning, licensing and nuisance control. The type of restriction that a government imposes on a sexually oriented business will frequently determine how a court analyzes the validity of that restriction.
