TheDenverChannel.com










Denver News
E-Mail News Alerts
Get breaking news and daily headlines.
Browse all e-mail newsletters

Flashing Breasts A First Amendment Right?

Not So, Says Springs Prosecutor

POSTED: 11:36 am MDT May 20, 2009
UPDATED: 2:52 pm MDT May 20, 2009

A woman spontaneously flashing her breasts in a nightclub isn't expressive speech protected by the First Amendment.

That's what a Colorado City Attorney's Office prosecutor said Wednesday.

Attorney Scott Patlin talked to the Gazette newspaper about a lawsuit filed by the 13 Pure Nightclub & Bistro after the city's liquor and beer licensing board suspended its liquor license over an incident last Aug. 13.

Film crews from "Girls Gone Wild" videotaped several women exposing their breasts inside the Colorado Springs club. The cameras also recorded someone fondling the breasts of at least one woman.

Patlin said city and state laws prohibit such behavior inside a licensed liquor establishment.

The nightclub filed suit, arguing the city "improperly failed to follow applicable law and based its decision on the content of protected speech ... in violation of the First and Fourteen Amendments to the United States Constitution."

Patlin told the Gazette that he disagreed with their take on the incident.

"Our argument is that that simply isn't the case. It's conduct the city is prohibiting, not the exchange of ideas," he said. "It is the public display of nudity and the fondling of another person's breasts in public that is illegal, not whatever ideas that they are claiming they were expressing by doing that."

Police conducted an undercover operation in the nightclub the night of the videotaping, leading to 10 separate violations of the city's liquor laws against 13 Pure.

In March, the city's liquor board suspended the nightclub's liquor license for 70 days, but held 60 days of that punishment in abeyance.

Read more at the Gazette.com.
The following are comments from our users. Opinions expressed are neither created nor endorsed by TheDenverChannel.com. By posting your comments you agree to accept our Terms of Use. To report an offensive or otherwise inappropriate comment, click the "Flag" link that appears beneath that comment. Flagging a comment will send it to our editorial staff for review.

Links We Like
Sponsored Content
Don’t ruin your chances of landing that new job by making easy to correct mistakes on your cover letter. More

Don’t believe everything people tell you about home improvement. Check out the top 4 myths and stop throwing away your money. More

The signs of Cancer can sometimes be very subtle. Here's a guide to help you recognize them early. More

Living well with type-1 or type-2 diabetes can be easier than you might think. Use our diabetes resource guide. More

MyReport Network

E - News Registration focus group
  My Report Network: Tell your story on 7NEWS. Sign up to be a member of our My Report Network
Sponsored Links

MyReport Network

E - News Registration focus group
  My Report Network: Tell your story on 7NEWS. Sign up to be a member of our My Report Network