Ohio bars can continue to provide nude entertainment for at least another month, while the court questions the constitutionality of Rule 52.

The rule, enforced by the Ohio Liquor Control Commission, prohibits nudity in Ohio’s liquor-licensed establishments. It was supposed to be reinstated into the Ohio Administrative Code last week, after being ruled unconstitutional in January 2000. Although the LCC rewrote the rule, a temporary restraining order was issued, as its constitutionality remains in question. The part of the rule that deals with nudity will not be able to be enforced for at least 31 days, while the court examines the issues.

“The purpose of Rule 52 is to limit improper conduct in liquor establishments and to protect the public,” said Erika Sowry, assistant to the director of LCC.

According to Rule 52, the establishment cannot permit people to “Engage in any disorderly activities … appear in a state of nudity … engage in sexual activity … commit public indecency …”

“Rule 52 is not only about nudity. It involves other things,” said Sowry. “Nudity is not why we have the rule.”

The rule is also used to deter dealings with narcotics, the misuse of food stamps and vouchers and overall improper conduct.

If the rule is reinstated, it could only be enforced at establishments that have an alcohol permit.

“We only have jurisdiction over liquor establishments,” Sowry said.

Rule 52 would have no consequences for entertainment clubs that do not serve alcohol, but allow patrons to bring their own.

“We’re not the moral police,” said Ed Duvall, director of the Ohio Investigative Unit. “Our part is to enforce liquor laws.”

Rule 52 is expected to curtail many crimes associated with liquor- and nudity-related problems.

“The reason for the rule is basically to make sure other peripheral crimes don’t occur,” Duvall said.

Duvall lists prostitution as an example of a crime that may result from combining alcohol with nudity.

Bars that rely on nudity as part of their appeal will undergo many changes if Rule 52 becomes enforceable.

“It would be irreparable harm to every one of the clubs,” said Karen Hockstad, general counsel for Dockside Dolls.

Rule 52 seeks to eliminate nudity completely, defining nudity as “the showing of the human male or female genital, pubic area or buttocks with less than a fully opaque covering.”

The court is dealing with issues including vagueness of terms and right to freedom of expression.

“Part of the problem with Rule 52 is that it was vague,” Hockstad said of the original version of the rule. “We don’t know how to comply.”

Under Rule 52, a liquor establishment risks losing its liquor license if found in violation.

“I believe that every club is waiting to make sure our constitutional rights are protected,” Hockstad said.