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Federal Judge Dismisses suit against Kenton's SOB Ordinance


Contact: Melissa Pryor-Reed
Office of the Kenton County Attorney

Covington, KY – In a Decision handed down Monday evening, the lawsuit filed against
Kenton County’s Sexually Oriented Business Ordinance (SOB) has been dismissed by
United States District Court Judge David Bunning.

In August of 2004, the Kenton County Fiscal Court adopted an Ordinance which
regulated the adult entertainment businesses in Kenton County. Shortly thereafter,
Plaintiffs Rodney’s, Viva LaFoxx, The Pad, and The Venus Lounge filed suit claiming
the ordinance violated First Amendment and other constitutional rights.

Plantiffs raised First Amendment and due process challenges to the commingling
restrictions set forth in the SOB Ordinance. They contended that the commingling
process is an extension of the erotic dance itself, and therefore a part of their protected
free expression. The court in an eighty page opinion disagreed, limiting commingling
with patrons.

"The Court's decision in this case is of landmark significance, said Kenton County
Attorney Garry Edmondson who handled the case for Kenton County. “No other Court
in the nation has been called upon to decide whether a community's prohibition of erotic
dancers co-mingling with patrons is an extension of their speech.”

For more information about this case, contact Melissa Pryor-Reed, Public Information
Officer for the Kenton County Attorney at 859.491.0600 or via mobile at 859.640.6103.