Bolser v. Washington State Liquor Control Board
Washington Supreme Court
1Opinion of the CourtDolliver, J.
Plaintiffs are dancers who perform in establishments licensed by defendant Washington State Liquor Control Board. In 1975, the Board adopted WAC 314-16-125 which forbids a licensee (tavern owner) from permitting topless table dancing at floor level and within 6 feet or less of a customer. The regulation applies only to the licensee and does not expressly control the conduct of the dancers. WAC 314-16-125(6) provides:
Subject to paragraph (5) herein, [it is prohibited] to permit entertainers whose breast and/or buttocks are exposed to view to perform elsewhere on the licensed premises except…
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