COM. v. JAMESON

No. 2004-SC-000983-DG.

215 S.W.3d 9 (2006)

COMMONWEALTH OF KENTUCKY, Appellant, v. Edward Green JAMESON, Appellee.

Supreme Court of Kentucky.

Rehearing Denied March 22, 2007.


Attorney(s) appearing for the Case

Christopher Shea Nickell, Assistant McCracken County Attorney, David L. Kelly, Jason M. Lacy, Denton & Keuler, LLP, Paducah, Gregory D. Stumbo, Attorney General of Kentucky, Frankfort, Scott D. Bergthold, Chattanooga, TN, Counsel for Appellant.

Mark P. Bryant, Emily Ward Roark, Bryant & Kautz, Paducah, Bradley J. Shafer, Shafer & Associates, Lansing, MI, Counsel for Appellee.

Christopher S. Burnside, Griffin Terry Sumner, Frost, Brown & Todd, LLC, Louisville, Counsel for Reclaim Our Culture Kentuckiana, LLC (Amicus Curiae).

Brent L. Caldwell, McBrayer, McGinnis, Leslie & Kirkland, PLLC, Lexington, Winston E. King, N. Scott Lilly, William P. O'Brien, Louisville/Jefferson County Metro Government, Assistant County Attorney, Louisville, Leslye M. Bowman, Director of Litigation, Lexington-Fayette Urban County Government, Department of Law, Lexington, Counsel for International Municipal Lawyers Association, Kentucky Association of Counties, Kentucky League of Cities, the Louisville/Jefferson County Metro Government, & the Lexington-Fayette Urban County Government (Amicus Curiae).


Opinion of the Court by Justice SCOTT.

On April 24, 2000, the McCracken County Fiscal Court adopted and published Ordinance No.2000-4, "An Ordinance Providing Regulation of Sexually Oriented Businesses and Their Employees." The ordinance provides, in pertinent part, that employees (i.e. nude dancers) of sexually oriented businesses wear the de minimis covering of "pasties" and a "G-string,"1 and that no sexually oriented businesses...

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