Kev, Inc. v. Kitsap County and the Honorable Ray Aardal and John Horsley, County Commissioners of Kitsap, Etc.

Kev, Inc. challenges the constitutionality of a Kitsap County ordinance regulating non-alcoholic topless dancing establishments and appeals from the district court’s order denying its motion for injunctive and declaratory relief. We affirm in part and reverse in part.

BACKGROUND

Appellant, Kev, Inc., (“Kev”), a Washington corporation, leased premises in Kit-sap County (“the County”) to operate a live entertainment facility called “Fantasies,” which was to feature topless dancing and sell non-alcoholic beverages to adults for consumption on the premises. In early 1983, Kev secured the appropriate business licenses and began remodeling the premises to commence business operations.

On January 24, 1983, the Kitsap County Board of Commissioners proposed Ordinance No. 92, entitled “An Ordinance Regarding Erotic Dance Studios,” to regulate adult entertainment facilities. The stated purpose of the proposed ordinance was to regulate topless dancing to minimize per ceived side effects, such as illegal drug dealing, fights, and prostitution, which would purportedly threaten the community’s well-being. On February 7, 1983, the County held a public hearing on the proposed ordinance. Law…