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11/1/1978
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11/1/1978
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7/23/2015 11:40:09 AM
Creation date
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
11/01/1978
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ATTORNEY COLLINS INFORMED THE BOARD THAT THE GOVERNMENTAL <br />AGENCIES, PARTICULARLY THE ENFORCEMENT AGENCIES, THROUGHOUT THE COUNTIES <br />HAVE HAD GREAT DIFFICULTY IN ENFORCING BANS ON NUDITY BECAUSE OF <br />VIOLATIONS OF THE FIRST AMENDMENT. IN THE LAST FOUR OR FIVE YEARS, <br />THE COURTS HAVE MADE AN INTERPRETATION BETINEEN THE RIGHTS OF EXPRESSION <br />AND CONDUCT, WHICH INDICATES THAT NUDITY WITHIN A BAR TO ENHANCE THE <br />SALE OF ALCOHOLIC BEVERAGES IS A CONDUCT THAT DOES NOT COME UNDER THE <br />FRAMEWORK OF THE FIRST AMENDMENT. THE ATTORNEY FURTHER NOTED THAT <br />THE SUPREME COURT RECENTLY HAS UPHELD THE RIGHTS OF LOCAL GOVERNMENT <br />TO CONTROL CONDUCT WITHIN ESTABLISHMENTS THAT SERVE ALCOHOLIC BEVERAGES, <br />AND THAT IS THE BASIS FOR THIS ORDINANCE. <br />THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD, <br />REX ROVANG, COUNTY RESIDENT, STATED THAT HE FEELS IT IS THE <br />INCREASING TREND IN TiIS COUNTRY TO LEGISLATE AWAY MORE AND MORE <br />FREEDOMS. HE STATED THAT"SIG BROTHER" IS ALREADY TOO BIG AS IT IS, <br />AND THAT TT IS TIME TO REVERSE THE TREND AND CONCENTRATE ON THE <br />FREEDOMS OF WHICH WE ARE SO PROUD. HE FELT IF SOMEONE WANTS TO SEE. <br />NUDITY, THEY SHOULD BE ABLE TO MAKE THEIR 04-N DECISION, AND HE DOES <br />NOT THINK THE BOARD SHOULD MAKE IT FOR THEM. HE FURTHER NOTED THAT <br />THIS ORDINANCE SEEMS TO RESTRICT WOMEN- MORE THAN MEN, WHICH IS <br />CHAUVINISTIC. <br />ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER <br />DEESON, THE.BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. <br />PETE '11OEL QUESTIONED WHAT PROMPTED THE BOARD TO ASK FOR THIS <br />ORDINANCE, AND THE CHAIRMAN STATED THAT THE BOARD BECAME AWARE THAT A <br />SIMILAR ORDINANCE HAD -BEEN PASSED IN ANOTHER COUNTY IN THE STATE AND <br />HAD BEEN TESTED IN COURT, HE FURTHER NOTED THAT HE HAD DISCUSSED THIS <br />WITH THE SHERIFF AND FELT THE COUNTY SHOULD HAVE SUCH AN ORDINANCE <br />PRIOR TO AN ESTABLISHMENT OF THIS TYPE COMING INTO THE COUNTY. <br />COMMISSIONER Loy NOTED THAT AT A HEARING HELD SOME TIME AGO <br />WHERE LOCAL ESTABLISHMENTS PETITIONED FOR AN EXTENSION OF HOURS, THE <br />BAR OWNERS INDICATED THAT THIS TYPE OF THING WAS NOT PALATABLE TO THEM <br />AND FELT IT WOULD BE HELPFUL IF THE COUNTY HAD A REGULATION PREVENTING <br />. THIS TYPE OF ACTIVITY BEFORE SOMEONE CAME IN AND SET IT UP. <br />NODI 1978 m 7 uA71 <br />
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