The high court concluded that Erie was trying to regulate conduct, not impermissibly impinging on speech. The case had drawn great interest among civil libertarians, local governments and anti-pornography groups. Experts said cities and lower courts had been in a state of confusion in the aftermath of the high court's 1991 ruling. But Hudson and other free-speech experts warned that cities may claim they are trying to crack down on crime when they simply, for impermissible political or moral reasons, do not want erotic nude dancing within their borders. Regulations vary in the Washington area, ranging from an outright prohibition on nude dancing in Arlington to a requirement that an establishment obtain a special-use permit in Alexandria and Fairfax County.
Nude dancing is legal in some bars in the District.
There are no nude dancing establishments in Montgomery County. County Attorney Charles W. Thompson Jr. said the county is considering ways to further govern adult entertainment clubs beyond the current zoning restrictions and the state and local regulations now attached to liquor licenses. It was challenged by Pap's A.M., which operated a club known as Kandyland. O'Connor said the city properly defended its ban as an effort to protect public health and safety and to control the street violence, public intoxication and prostitution associated with nude dancing. That part of her opinion was signed by Chief Justice William H. Rehnquist and Justices Anthony M. Kennedy and Stephen G. Breyer.