David Fowler President

Tennessee has two laws that regulate adult-oriented businesses, which term includes a variety of businesses including but not limited to strip clubs and adult book stores. Both sets of laws are found in Title 7, Chapter 51.

Part 14 sets for the state laws that regulate these businesses regardless of local law (though local law can be stricter than state law, subject to constitutional restrictions related to “free speech”).

Part 11 sets forth laws that apply only if adopted by a local county by vote of two thirds of the county commission. Generally speaking, the laws that can be adopted by a county commission are more stringent than the current state laws. For example, state law (TCA Section 7-51-1402) sets a restriction on hours of operation (can’t open before 8 a.m. and must close by midnight), but by virtue of TCA Section 7-51-1405, the law does “not apply to an establishment or the portion of an establishment that offers only live, stage adult entertainment,” namely, a strip club. So, unless there is a local ordinance on the subject there is no law governing the hours during which a strip club can operate.

But when the law regulating the operation of strip clubs is examined, many shortcomings are quickly noticed. There are no applicable state-wide laws that:

• Regulate the hours of operation for strip clubs

• Require that adult entertainers or escorts have a license

• Prohibit touching in a strip club or requires that dancers maintain any minimum distance from customers

• Prohibit full nudity at a strip club.

While state law does allow local governments to adopt local regulations in regard to these matters, many do not because of fear of costly litigation that can be financed by national organizations. In Tennessee there is the Cabaret Association that is part of the national Association of Club Executives. Further, local governments, unlike the state government, can be held liable for civil damages. Having minimum state laws governing the operation of strip clubs, therefore, ensures that all of Tennessee’s communities have some minimum protection from the adverse health and safety consequences associated with these establishments.

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