Nite Moves Entertainment, Inc. v. City of Boise

MEMORANDUM DECISION AND ORDER

WINMILL, Chief Judge.

Introduction

The Court finds that Boise’s nudity ordinance violates the First Amendment. By banning anything more revealing than short shorts and modest halter tops, the ordinance sweeps too broadly in curtailing expressive nude dancing, protected by the First Amendment under Supreme Court case law. The Court therefore finds the ordinance void and unenforceable. The Court’s analysis is set forth below.

Analysis

This action was initiated by the plaintiffs’ filing of a complaint seeking declaratory judgment and injunctive relief. Plaintiffs claim…