Maryland's Tough Adult Cabaret Law Gets Stripped

RICHMOND, Va. — A federal appeals panel ruled Thursday that Maryland can't ban the mix of alcohol and adult entertainment, as well as certain simulated sexual acts.

The decision by the 4th U.S. Circuit Court of Appeals upholds a federal judge's injunction against "unconstitutionally overbroad" strip club regulations there.

"We conclude that the statute — which limits the range of permissible conduct, attire, and entertainment at establishments licensed to serve alcoholic beverages — prohibits a broad swath of expression protected by the 1st Amendment and is not susceptible to a limiting construction," 4th Circuit Judge James Wynn wrote for the court. "Accordingly, we affirm the permanent injunction prohibiting enforcement of the statute."

Maryland amended its laws to outlaw nude servers and hostesses, sexual attire simulating erogenous areas and sexual touching in venues licensed to serve alcohol. The new regulations were supposed to take effect in October 2005.

The rules also banned the simulation of sexual acts, such as masturbation, sodomy, bestiality and flagellation, as well as the use of sex toys and novelties in adult-themed clubs.

Further, nude entertainers would also be prohibited under the law from being within six feet of customers.

Maryland and Prince George's County officials said that the statute served a legitimate government interest, linking the combination of nude dancing and alcohol to the secondary effects of higher rates of crime, sexual assault and prostitution and lower property values.

But operators of two clubs — Legend Night Club and the Classic III Supper Club — contended that the officials showed no evidence of any such secondary effects in Maryland and failed to support their claim with studies. They sued and had their cases consolidated against the state and Prince George's County in 2005.

A lower court in Baltimore determined that the law was unconstitutionally overbroad. It also said that a grandfather clause, involving an exemption to venues that have been in business under one owner since September 1981, violates equal protection rights.

The lower court judge, U.S. District Judge Marvin Garbis, ruled foul in the case, because not so coincidentally the former Maryland state Sen. Tommie Broadwater owns a gentlemen’s club that received a license on Aug. 14, 1981.

“The court finds plaintiffs to have established beyond any reasonable doubt, that the legislation's ‘grandfather clause’ was deliberately crafted to favor the potentially connected former senator,” Garbis wrote at the time.

In the latest legal wave, Maryland and Prince George's County appealed to the Richmond, Va.-based 4th Circuit, which voted to affirm the permanent injunction on Thursday.

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Brazil: New AV Requirements Set to Take Effect March 17

President Luiz Inácio Lula da Silva this week gave final approval to new regulations requiring adult websites to age-verify users located in Brazil starting March 17.

Orion Debuts 'Duo Vibrator' From 'Couples Choice' Line

Orion Wholesale has introduced the Duo Vibrator from its Couples Choice line.

Kheper Releases New 'Reverse Adult Charades' Party Game

Kheper Games has released the new Reverse Adult Charades party game.

Nalpac/Entrenue, Jen Jenivive Sign US Distro Deal

Nalpac/Entrenue and U.K.-based author Jen Jenivive have signed an exclusive U.S. distribution deal for Jenivive’s books.

Male Power Debuts 'Open Ended' Collection

Male Power has introduced its new Open Ended collection of men's underwear.

Utah 'Porn Tax' Bill With VPN Provisions Passes State Senate

The Utah state Senate has passed a bill that would impose a 2% tax on the revenues of adult websites doing business in that state, and make sites liable if Utah minors use VPNs to circumvent geolocation.

Magic Silk Debuts 'Euro Lux' Collection

Magic Silk has introduced its new Euro Lux line of lingerie.

Fast-Tracked Arizona Bill Includes Consent 'Catch-22' for Adult Sites

A bill advancing rapidly through the Arizona state legislature would impose new requirements for adult content uploaded online, including seemingly contradictory provisions that could effectively make it impossible for adult sites to operate in the state.

XR Brands Debuts Stroker Collection, Love Doll

XR Brands has introduced its new Hentai Fantasies stroker collection, as well as the K-Pop Idols love doll.

Corey Silverstein to Host Webinar on North Carolina Age Verification Thursday

Adult industry attorney Corey D. Silverstein has announced his latest "Legal Impact" webinar, titled "North Carolina AV Law — Content Creation Issues," to livestream Thursday at 4 p.m. (EST).

Show More