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Council to Consider Ordinance Change Again After Redneck Heaven Uses Body Paint to Circumvent Nudity Rule

Local News, Notes and Events
Posted by WhosPlayin on 2013/7/14 19:10:00 (10964 reads)

Monday night, the Lewisville City Council will once again consider changes to the city's sexually oriented business ordinance due to a complaint about the local breastaurant, Redneck Heaven. In 2011, the City Council passed a new ordinance to address the restaurant's practice of having waitresses wear next to nothing while serving customers. It was a story that got your editor in trouble with his wife, when he went to investigate.

The updated ordinance defined a sexually oriented business as one that regularly displays parts of the breast that are below the top of the areolas. The waitresses there often displayed side-boob and under-boob.

Apparently in response to the new ordinance, waitresses have been covering their breasts with pasties and body paint. Here is a montage of few photos of waitresses that Redneck Heaven of Lewisville recently displayed on their Facebook page:
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Someone complained to the police department, according to a memo from the Police Chief, Russ Kerbow:

The police department received a complaint about waitresses and their attire at a certain
restaurant as a possible violation of the sexually-oriented business ordinance. The police department conducted an investigation to determine if the business in question was in violation. During the investigation, officers observed waitresses serving patrons with body paint covering their breasts along with adhesive coverings over just the areola of their breasts, 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 to further detail what constitutes an “opaque covering” in the definition. The proposed definition would restrict body paint and similar substances from being considered an opaque covering under the definition.


The proposed ordinance would now define nudity as the following:
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 part of a female breast or breasts that is situated below a point immediately above the top of the areola. For purposes of this definition, body paint, body dyes, tattoos, liquid latex, whether wet or dried, and other similar substances shall not be considered an opaque covering.



Councilman TJ Gilmore is in favor of changing the ordinance. "I personally don't care, but freaking be a topless bar if that's what you are going to be and deal with the rules in place for that," said Gilmore. "Be a good business neighbor and stop trying to game the rules. The lawyering of America is because of exactly this kind of nonsense," he added.

But once the ordinance is passed, Redneck Heaven could conceivably still continue to operate as it does. It would need to obtain a sexually oriented business license, and pay an annual $500 fee, and would be classified as a cabaret. Although cabaret is defined in the city ordinance, there are no additional regulations that apply to it, other than that it would be inspected and licensed, and must be 1,000 feet from other SOBs, residential uses, churches, schools, parks, daycares, and civic facilities. We could not find any part of the ordinance that would explicitly prohibit the establishment from hiring or allowing admission to minors under the age of 18. The current city ordinance does address minors, but only in relation to a "book, pamphlet, newspaper, magazine, film or video cassette".

The council will meet at 7 p.m. Monday night. Here is the full agenda.

This writer's wife would not allow another on-site visit to investigate Redneck Heaven for this story.

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