Erotik Bellevue s free people porno

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Findings of fact based on live testimony will be affirmed if they are supported by substantial evidence in the record. Substantial evidence is evidence of a sufficient quantity to persuade a fair-minded rational person of the truth of the declared premise. When determining whether it is appropriate to interpret the state constitution independently of and as being more protective than the federal constitution in the context of a particular case, a court should analyze the following six nonexclusive criteria: 1 the textual language of the state constitution, 2 differences in the texts of the state and federal constitutions, 3 the history of the state constitution, 4 preexisting state law, 5 structural differences between the state and federal constitutions, and 6 whether the subject matter is of particular state interest or local concern.

For purposes of determining if the state constitution is more protective than the federal constitution in a particular case, statutes and case law existing at or near the time the state constitution was ratified are more persuasive indicators of the scope of the state constitution than more recent statutes and case law. For purposes of determining the validity of a legislative restriction on nude or seminude erotic dancing, CONST.

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A regulation that requires a person to obtain a before the person may present or perform constitutionally protected expressive conduct, but that does not provide for the issuance of a temporary during such time as a application is being processed, constitutes an invalid prior restraint under CONST. For purposes of determining the validity of a regulation requiring an applicant for a government to disclose personal information or other information of a confidential nature, CONST. Legislation requiring that an applicant for a to present or perform nude or seminude erotic dancing disclose information such as recent criminal convictions and employment history does not violate the applicant's right to privacy as guaranteed by CONST.

A prior restraint is an official restriction imposed upon speech or other forms of expression in advance of actual publication or presentation. A valid time, place, or manner restriction imposed upon speech or expression does not constitute a prior restraint. The validity of a time, place, or manner restriction on speech or expression depends upon the Erotik Bellevue s free people porno of the restriction to the overall problem the government seeks to prevent; a time, place, or manner restriction is not invalid simply because the speech or expression sought to be restricted does not in a particular circumstance cause the problem the restriction is intended to prevent.

A time, place, or manner restriction on expressive conduct is valid if it 1 is within the constitutional power of government to enact, 2 furthers an important or substantial government interest, 3 is unrelated to the suppression of free expression, and 4 only incidentally restricts an alleged First Amendment right and does not exceed what is necessary to further the government's interest. A regulation restricting nude or seminude erotic dancers from performing not less than four feet away from their patrons is a valid place or manner restriction on expressive conduct that does not rise to the level of a prior restraint.

The government has a substantial interest in curbing the secondary effects of adult entertainment, including public sexual contact. A government agency may rely on the experiences of other jurisdictions or agencies to establish that legislation enacted by the agency restricting expressive conduct furthers the agency's substantial interest in curbing secondary unlawful behavior. A court should not invalidate facially valid legislation on the assumption that the legislative body had a wrongful purpose in enacting it. The fact that adult entertainment establishments are known to be the.

The financial failure of a person engaged in expressive conduct is not a proper basis on which to invalidate a time, place, or manner restriction unless financial failure would be an inevitable effect of the restriction. A regulation that restricts only conduct is valid if it bears a rational relationship to a legitimate governmental objective.

A regulation specifying a particular level of illumination in locations where nude or seminude erotic dancing may be performed is a valid place or manner restriction on expressive conduct that does not rise to the level of a prior restraint so long as the lighting requirement is narrowly tailored to serve an important or substantial governmental objective.

A regulation specifying that nude or seminude erotic dancing may not be performed during early morning hours is a valid time restriction on expressive conduct that does not rise to the level of a prior restraint so long as the requirement advances an important or substantial governmental objective.

Legislation regulating expressive conduct is not unconstitutionally overbroad unless it sweeps within its prohibition constitutionally protected expression that is both real and substantial in relation to the legislation's plainly legitimate application.

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Whenever possible, and where appropriate, statutes are construed to uphold their constitutionality. A statute is not unconstitutionally overbroad if it may be construed so that it does not sweep within its prohibition a real and substantial amount of protected conduct. The Supreme Court's construction of a statute operates as if it were part of the original enactment. A regulation restricting nude or seminude erotic dancers from performing not less than four feet away from their patrons is not unconstitutionally overbroad insofar as it is limited in application to performances involving dancers and individual customers.

Public nudity enjoys only limited constitutional protection. A regulation prohibiting outdoor performances or depictions of performances of nude or seminude erotic dancing is not unconstitutionally overbroad insofar as it Erotik Bellevue s free people porno limited in application to adult cabaret-type performances or representations of such performances.

Economic impact evidence is relevant only to the extent of demonstrating that a person's freedom of expression has been infringed. A trial court's denial of leave to amend a complaint after findings of fact, conclusions of law, and a judgment have been entered in the case is reviewed for an abuse of discretion.

Discretion is not abused by a decision to deny the motion if the claims raised by the amended complaint would be futile. Attorney fees may be awarded to the prevailing party in an action only if the award is allowed by a contract, a statute, or a recognized ground of equity.

See lead opinion of Men, J. Equity allows an award of attorney fees to a party who succeeds in getting a wrongfully issued temporary restraining order dissolved. A temporary restraining order has been wrongfully issued if it is dissolved at the conclusion of a full hearing. The purpose of the equitable rule allowing for the recovery of attorney fees by a party who succeeds in getting a wrongfully issued temporary restraining. An award of attorney fees to a party who succeeds in getting a wrongfully issued temporary restraining order dissolved is not limited to the amount of the bond required by CR 65 c.

The amount of reasonable attorney fees to award a prevailing party at trial is a matter addressed to the trial court's discretion.

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Under the equitable rule allowing for the recovery of attorney fees by a party who succeeds in getting a wrongfully issued temporary restraining order dissolved, the party may recover only those fees incurred up to the date that the restraining order is dissolved. Attorney fees incurred at the appellate level by a party who succeeds in getting a wrongfully issued temporary restraining order dissolved may be recovered only if the appeal was necessary to dissolve a currently effective temporary restraining order.

For purposes of awarding attorney fees under 42 U. Nature of Action: Two adult entertainment corporations and three dancers sought the invalidation of several municipal ordinances regulating nude or seminude erotic dancing. Schapira, J. The court also awarded attorney fees to the municipality for dissolving the temporary restraining order, but limited the award to the amount of the bond posted by the corporations.

Smith and Robert B. Mitchell, Jr. Gilbert H. Burns and John L. Carroll, Jr. Cameron De Vore, Gregory J. Two adult entertainment corporations and three dancers Respondents challenged the constitutionality of the ordinance under both the First Amendment and WASH. The trial court upheld all but one of the challenged provisions and awarded fees to the City of Bellevue for dissolving a temporary restraining order. The City of Bellevue Appellant appealed and the Respondents cross-appealed. We affirm in part, reverse in part, and remand for a determination of attorneys' fees.

In Novemberthe Bellevue City Council adopted Ordinancethe City's first ordinance regulating adult cabarets. Ordinance The City later amended the ordinance by adopting Ordinance in Januaryand Ordinance in March Section 5. City of Bellevue, No. According to section 5. Respondents Deja Vu-Bellevue, Inc. On February 24,the King County Superior Court issued an order temporarily restraining the City from enforcing the four-foot distance requirement for individual dances in adult cabarets.

At the request of the adult cabarets and dancers, the court consolidated the preliminary hearing with a trial on the merits under Erotik Bellevue s free people porno 65 a 2. From March 13 to March 20,the court heard evidence regarding the manner in which adult cabarets operate in King County. An entertainer performs uncompensated nude dances on stage in order to attract the attention of patrons, who can then purchase individual performances near their tables and couches, hence the term "table dance" or "couch dance.

Entertainers receive their income from the individually compensated dances. Under this system, numerous dancers may perform simultaneously throughout the cabaret, but they are prohibited from engaging in sexual contact with patrons. Individual Respondents testified that patrons would be unwilling to pay for table dances that complied with the new restrictions on distance and lighting.

These restrictions would detract from the intimacy that is part of the message in table dances. Corporate Respondents presented evidence that compliance with the four-foot minimum distance rule would hurt them economically to the point of shutting down their businesses, and thus would restrict constitutionally protected speech.

Respondents made this prediction on the assumption that the ordinance required at least four feet between the patrons' and dancers' outstretched arms or about eight to nine feet between torsos. At the conclusion of the evidence, the trial court dissolved the temporary restraining order and denied a temporary or permanent injunction.

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The court awarded the City attorneys' fees for dissolving the temporary restraining order, but limited the award to the amount of the bond. The court declined to award the adult cabarets and the individual dancers attorneys' fees under 42 U. An appellate court must affirm a trial court's findings of fact if they are based on live testimony and supported by substantial evidence. Bering v. Share, Wn. Substantial evidence exists when the record contains evidence of sufficient quantity to persuade a fair-minded, rational person that the declared premise is true. World Wide Video, Inc. City of Tukwila, Wn.

In this case, the trial court found that illegal exposure and sexual contact occurred at adult cabarets. These findings were based on testimony from Bellevue police officers who had performed undercover investigations and communicated with officers from surrounding jurisdictions.

The Bellevue officers reported numerous instances of improper sexual conduct at Babes and Papagayo's. Some entertainers rubbed their buttocks into the groin areas of undercover officers. Others fondled customers' genitals or exposed their breasts and genitals during individual dances. Based upon the officers' testimony, the trial court also found that low lighting and close proximity between patrons and dancers hindered the officers' ability to detect violations that may have been occurring elsewhere in the club.

The court found further that the City had enacted the ordinances in order to control the illegal exposure and sexual contact, or "secondary effects," of live adult entertainment.

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CP at Ino Ino, Inc. The court based this finding on the testimony of an Assistant City Attorney who had drafted the four-foot rule and former city council members who had voted for its adoption. According to their testimony, they had intended that this provision place patrons and dancers just out of arm's reach. The trial court also found that the distance restrictions did not prevent patrons from perceiving the eroticism of the dancers' performances.

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With respect to the restriction for stage dances, the court found that patrons can receive a dancer's erotic message even when they are 8 to 40 or more feet away from the stage. Increasing the minimum distance between patrons and stage dancers from six feet to eight feet resulted only in a loss of some seating. With respect to the restriction for table dances, the trial court found that a dancer can convey eroticism from a.

Based upon a dance expert's testimony, the court found that the four-foot rule allowed a patron to see the dancer's entire body and expressive activity. The trial court also found that Papagayo's had not complied with the City's four-foot restriction on table and couch dances. Based on the record, we hold that substantial evidence supports the challenged findings and accordingly affirm the trial court's findings of fact.

Erotik Bellevue s free people porno

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