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Lewisville Council to Consider Cleavage Ban, S.O.B.s

Local News, Notes and Events
Posted by WhosPlayin on 2011/10/15 7:10:00 (20437 reads)

Open in new windowThe Lewisville City Council will consider changes to its sexually-oriented business (SOB) ordinances Monday night in response to complaints about scantily clad waitresses at one of Lewisville's breastaurants. Red Neck Heaven is a restaurant and bar on the West side of I-35 E. in Lewisville, known for having waitresses that leave little to the imagination. The establishment is known to have "ABC" nights, meaning "Anything But Clothes", where the waitresses wear creative but revealing clothing, including pasties over otherwise bare breasts. Pictures found on the restaurant's Facebook page show waitresses at work with nothing but panties and bras.

City staff provided this background information:

The police department received complaints from citizens about waitresses and their attire at a certain restaurant. The police department conducted an investigation to determine if the business in question violated the sexually-oriented business ordinance. During our investigation, officers observed photos of waitresses serving patrons with coverings over just the areola of their breasts by what are commonly referred to as “pasties”. After a review of the ordinance and in consultation with the City Attorney, it is staff’s belief that the definition of nudity or state of nudity needs refining. The proposed definition would restrict such attire from being worn by wait staff unless the establishment first obtains a sexually-oriented business permit.

We obtained these pictures through the restaurant's Facebook page, where there are postings of "ABC" events, "Naughty Schoolgirl Night", "Powderpuff Football", "Bikini Week", "Naughty, Naughty Maids" and so on. (It was tough research, but someone had to do it)

Open in new windowAs you can see, there is a lot of skin showing, including side-boob, under-boob, and butt cheeks. (Click to enlarge)

In addition to some technical updates to the SOB ordinance, and qualifications of the operator, the main change is in the definition of nudity:

Nudity or a state of nudity shall mean:
(1) The appearance of a human bare buttock, anus, male genitals, female genitals or female breast; or
(2) A state of dress which fails to completely and opaquely cover a human buttock, anus, male genitals, female genitals or areola of the female breast or part of a female breast or breasts that is situated below a point immediately above the top of the areola.

Under Lewisville's SOB ordinance, restaurants can be included in the classification of SOBs as an "Adult Cabaret", which must be licensed and pay a $500 yearly license fee. A restaurant could be classified as an adult cabaret when it regularly features "persons who appear in a state of nudity."

Lewisville now has several restaurants featuring buxom and attractive waitresses as part of the experience, though none are considered cabarets or SOBs: Hooters, Twin Peaks, Tilted Kilt, and Redneck Heaven, in rough order of increasing salaciousness.

The illustration at the top of the post demonstrates that under the strict definition of the new wording, any establishment with waitresses showing cleavage dipping below the top of the areolas would be subject to classification as sexually oriented businesses.

I can see how the attire of the waitresses in some of the pictures above would be inappropriate for minors and unsuspecting diners who didn't know that Redneck Heaven is a breastaurant, but it seems the language here is overly broad in such a way that it could ensnare businesses with waitresses or patrons wearing dresses or blouses with plunging neck lines, or dresses that tastefully show a little side-boob.

I hate to see this bring on unintended consequences that would endanger businesses, unfairly make some women out to be sex workers just for dressing a little sexy, and disappoint the men of Lewisville. I also have to wonder how police would enforce that a given section of visible breast is below the top of the areola if the woman has her areola covered?

Isn't there a better way to define nudity than to declare some rather commonly-displayed parts of the female breast to be out-of-bounds? Is it really fair that the law treats men and women differently when it comes to toplessness? Of all the harmful things in society, most notably the celebration of violence in our popular culture, why do we feel that this part of the human body is so dangerous that it should be hidden?

Update 10/17/2011 - 5:22 p.m.
I spoke with City Attorney Liz Plaster today to see if I understood the meaning of the ordinance correctly. What she said was that although the technical meaning of the "areola" part was basically as illustrated, it isn't the intent to declare cleavage to be a defining characteristic of an S.O.B. Rather, the establishment would have to have regular displays of it. With cleavage, it would be impossible to prove whether the ordinance was being violated without seeing the areola bared, since one wouldn't necessarily know where it was. Only the situation where a woman is wearing pasties or showing the bottom part of the breast would be a clear and prosecutable example.

Plaster says the wording is based on the Dallas ordinance, which has been tested in the courts on numerous occasions and found to be constitutional. Plaster did not know off-hand whether Redneck Heaven's location would be allowable as an S.O.B. due to setback restrictions from residences.

Further Update:
- It passed. Here was the discussion.

- Rating: 0.00 (0 votes) - {$lang_ratethisnews}

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