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Constitutional Law Keyed to Choper
Erie v. Pap’s A. M.
Citation:
529 U.S. 277 (2000)Facts
The city of Erie, Pennsylvania enacted Ordinance 75-1994, which made it a summary offense to knowingly or intentionally appear in public in a “state of nudity.” The ordinance required, at minimum, that dancers at establishments like Kandyland wear “pasties” and “G-strings.” Pap’s A.M., which operated Kandyland, a nude dancing establishment, filed a complaint seeking declaratory relief and a permanent injunction against enforcement of the ordinance. The Pennsylvania Supreme Court found the ordinance unconstitutional, concluding it was content-based and subject to strict scrutiny, which it failed. The city appealed, arguing the ordinance was a content-neutral restriction aimed at combating negative secondary effects associated with nude dancing establishments, such as crime, prostitution, and the spread of sexually transmitted diseases, rather than suppressing the erotic message of nude dancing.
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