CITY COUNCIL TO VOTE ON NUDITY
By Jeff Brown
SAN MARCOS – City Council members will vote on an ordinance banning nudity at any establishment serving alcohol.
The proposed ordinance will seek to ban nudity, specifically targeting businesses licensed to sell alcohol; similar businesses, like adult theaters, will be exempt.
According to the proposal, “Alcohol-licensed establishments that offer nude dancing foster and promote incidents of criminal activity, can and do adversely affect property values, can and do contribute to neighborhood decay and blight, and do create direct exposures to health risks and potential health hazards.”
As there are currently no establishments within San Marcos city limits allowing for this type of entertainment, it seems to function as a preventative measure. City Manager Mike Wildgen confirmed this came as a direct result of a man wanting to open a bar featuring topless naked dancers.
“We just don’t need it (nudity). We’re doing fine without it,” said Bob Schumm, City Council member. “This is a wholesome city, a good place to raise a family and we don’t need all the problems that go along with (adult entertainment).”
Neighboring district Comal County is currently involved in a lawsuit with a local club, as well as several nude dancers they employ, who claim the ban on nudity is unconstitutional. An argument San Marcos assistant City Attorney LeeAnne Gillaspie takes exception to.
“The legal basis for restricting behavior in such clubs was firmly stated in the 21st Amendment to the Constitution, which outlawed Prohibition and gave states the power to restrict alcohol consumption,” said Gillaspie.
Voting will take place at the City Council’s normally scheduled meeting, six p.m. Monday at 630 East Hopkins St.