ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Tuesday, May 14, 1996 TAG: 9605140027
SECTION: CURRENT PAGE: NRV-1 EDITION: NEW RIVER VALLEY
DATELINE: BLACKSBURG
SOURCE: ELISSA MILENKY STAFF WRITER
There is a governmental cover-up afoot in Blacksburg - literally.
A new ordinance that bans public nudity in Blacksburg will be the focus of a hearing during tonight's 7:30 Town Council meeting.
The measure is in response to similar ordinances that were passed by Montgomery County and Radford in February after separate strip clubs opened in both localities. "There is no particular incident in [Blacksburg] that led to the passage," said Town Attorney Kathleen Dooley. "We thought we'd be proactive."
It's not that Blacksburg allows naked people to cavort and dance in public within town limits. An obscenity ordinance already exists in the town code, which deals with everything from obscene exhibitions and performances to the sale, publication, production and advertisement of obscene items.
In this ordinance, obscenity is defined as anything that appeals to "the purient interest in sex, that is, a shameful or morbid interest in nudity, sexual conduct, sexual excitement, excretory functions or products thereof or sadomasochistic abuse ..." as a dominant theme or purpose.
It does not apply to materials or performances that have serious literary, artistic, political or scientific value when taken as a whole.
The problem is, Dooley said, the whole concept of obscenity is vague. An ordinance that prohibits public nudity lays down the law in the barest of details, however.
Even nudity is defined in blunt terms as a "state of undress" that exposes male or female genitals, pubic areas, female breasts or buttocks with less than a fully opaque covering. Nipples also cannot be exposed.
No one is allowed to knowingly appear naked in public - meaning everything from a club to the sidewalk on College Avenue. Hiring, encouraging or procuring someone to appear naked in public also is prohibited.
But the ordinance also details what is not subject to the ordinance, which includes establishments devoted to performances and exhibitions as forms of expression of opinion, communication, speech, ideas, information, art or drama.
That exemption applies to everything from theaters and concert halls to fine arts museums and schools and does not affect productions such as movies, ballets and dramas.
"The good thing about it is it's very specific," Dooley said.
Montgomery County and Radford did not have public nudity ordinances on the books when two strip clubs opened in each locality several months ago.
Bumpers, a downtown Radford pub, offered seminude "exotic" dancing for only one weekend before the city passed an ordinance that would have forced the performers to put on bikinis. Juicie's Exotic Cabaret initially covered up its all-nude dancers after Montgomery County passed its own rules on nudity. Six days later, however, the Plum Creek cabaret became a private club and the bikini tops and Daisy Duke shorts came off once again.
Blacksburg Town Manager Ron Secrist said this new ordinance was drawn up to be consistent with those passed by Radford and the county. Town Council is expected to vote on the issue tonight.
"You never know when those types of businesses will open up in our borders," Secrist said.
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