On Tuesday, the City Council will consider a ban on live-sex-act businesses in the City of Peoria. If the ordinance is passed, it will make Club 307 — a sex club located at 801 SW Adams 307 Oak St. — illegal and subject to being shut down. From the council communication:

Concerns have been raised on the Council Floor by citizens complaining about the existence of a so-called swinger’s club in the City of Peoria. The attached Ordinance, based on an ordinance from Phoenix, Arizona which has been upheld by the Court there, makes it illegal to operate a business which charges admission to view and/or participate in live sex acts…. [A]ctivity unprotected by the First Amendment, which Council can find to be harmful to the health and wellbeing of Peoria, including but not limited to contributing to the spread of diseases, takes place in these establishments.

Club 307 is right next to Brown Bag Video, an adult bookstore. The council recently rejected a request from the owner to convert the bookstore into a 4 a.m. bar. The council declined to grant the 4 a.m. liquor license, although they approved a 4 a.m. liquor license four blocks north of this location to accommodate Big Al’s strip club. Many citizens expressed concern about Club 307 when the council was considering the adult bookstore’s liquor license request, and that’s what prompted this proposed action by the council.

In 2005, 62 percent of voters in a non-binding referendum said the city should “impose a ban on full nudity in new and existing adult cabaret clubs and strip clubs,” but no action was ever taken by the Council, even though the proposed ban was based on existing Indiana law that the courts upheld. City Attorney Randy Ray at that time expressed concern over any action that would impact an existing business, saying the first thing he would do if the Council acted on it was hire an outside lawyer to handle objections to the ban on constitutional grounds. The Journal Star opined, “When governments impose new rules that threaten businesses, they enter a legally dangerous area called an ‘illegal taking.'” Yet the council communication for shutting down Club 307 states there is “no direct financial impact,” and there is no indication that an outside lawyer would need to be hired. So, perhaps now the time is right to revisit the public nudity ban that was supported by the majority of Peoria citizens.