You cannot legally single out nude dance for regulation just because you don't like the activity or expressive message. But you can regulate nudity to protect the general welfare or public morals and make the nude dance club comply. Regulations that result in limitations on freedom of expression must be content neutral . Yet to be defined by the U.S. Supreme Court is the maximum amount of clothing required before one is considered nude, but total nudity is banned in the state of Indiana, several counties in Florida, and in counties in other states. Georgia is slow to see the potential power of this Supreme Court ruling.
Most attorneys still believe the glass is half-empty.
In other words, they don't know how to regulate public nudity constitutionally. They were trained under a system which struck down nude dance restrictions repeatedly because they were illegal in that they targeted the erotic message and were not designed to target the protection of public morals . St. Johns County Florida understood the legal clarity and opportunity that the Supreme Court ruling in Barnes vs. Glen Theatre case provided. He consequently wrote a law that banned nudity countywide with the intent and target of the secondary adverse effects of public nudity. The law was content neutral.