Case Citation Barnes V. Glen Theatre - 856 Words

Case Citation: BARNES v. GLEN THEATRE, INC 1990 History: The Kitty Kat Lounge, Inc. and Glen Theatre, Inc filed a lawsuit in the District Court to stop the enforcement of the Indiana State public indecency law. The Kitty Kat Lounge, Inc. and Glen Theatre, Inc claimed the statute violated the First Amendment. The Kitty Kat Lounge, Inc. and Glen Theatre, Inc stated the nude dancing in the establishments was not public indecency but self-expression. The court found the nude dancing in the Kitty Kat Lounge, Inc. and Glen Theatre, Inc was not expressive and therefore not protected by the First Amendment. The Court of Appeals reversed and said nude dancing performed for entertainment is protected expression. Facts: The Kitty Kat Lounge, Inc. and Glen Theatre, Inc., are South Bend companies that mainly focus on adult entertainment and nudity to make money. Dancers and performers from the businesses also claim that a certain type of nude dancing generates a better income. The Kitty Kat Lounge sells alcohol and offers female dancers. The lounge wants to have completely nude dancers but is prevented by an Indiana statute that regulates public nudity. The statue requires that the dancers wear certain types of clothing to cover the vaginal area. The have to wear â€Å"pasties† or â€Å"G-strings† when they dance. The dancers work on commission. One of the respondent dancers in the action, claimed she would make more money is she if she danced nude. Glen Theatre another South Bend business was