A Philadelphia topless bar has toppled a half-century old Pennsylvania statute that prohibits “lewd” entertainment in any venue that has a liquor license with its victory in a federal appeals court that struck the law down as unconstitutionally overbroad.
In its 16-page opinion in Conchatta Inc. v. Miller, a unanimous three-judge panel found that the statute, as written, violates the First Amendment because it could apply not only to strip clubs but also to “ordinary theater and ballet performances, concerts, and other similar forms of entertainment” in establishments with liquor licenses.
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