Pap's A.M. v. City of Erie

This matter is before this Court upon remand following the United States Supreme Court’s reversal of our decision in Pap’s AM. v. City of Erie, 553 Pa. 348, 719 A.2d 273 (1998) (Pap’s I). The issue before us in Pap’s I, and again before us now, involves the constitutionality of a public indecency ordinance enacted by the City Council of Erie, which makes it a summary offense to appear in public in a “state of nudity.” For the reasons set forth below, we find that the ordinance violates the freedom of expression provision of Article I, § 7 of the Pennsylvania Constitution. Accordingly, we…