City of Revere v. Aucella

These cases test the constitutionality of G. L. c. 272, § 16, prohibiting “open and gross lewdness and lascivious behavior,” as applied to a nude “Go-Go” dancer in a bar. They also test the power of a city, by ordinance, to regulate such conduct. We hold that the statute is unconstitutional. P.B.I.C., Inc. v. Byrne, 313 F. Supp. 757 (D. Mass. 1970), vacated to consider mootness, 401 U.S. 987 (1971). The ordinance, however, *140is within the powers granted to the city by the Home Rule Amendment, Mass. Const, amend, art. 89, § 6, and the Home Rule Procedures Act, G. L. c. 43B, § 13, and is not on…