IF CITY'S RULES ON STRIP JOINTS DON'T WORK, WHY NOT FIX THEM?

Plans to open a bar in Cape Girardeau that would offer strippers as entertainment for its patrons has touched a raw nerve. More than 1,900 residents signed petitions opposing the granting of a liquor license for the new establishment. Opponents cite moral and religious grounds, and by and large the community seems fairly well united on this issue.

So why did the city council approve the liquor license by a 6-1 vote?

Mayor Spradling said the city had no choice, even though he and other members of the council personally don't like the idea. But, he said, nudity is legal in Missouri.

Many Cape Girardeans are wondering a couple of things:

First, why can other towns adopt stringent requirements that keep stripper bars out? In light of the negative reaction in Cape Girardeau, for example, Scott City has moved ahead to draft an ordinance banning such establishments outright. In Blue Springs, a Kansas City suburb, ordinances were passed that set strict limits on nudity in public places and businesses that cater to prurient interests. As a result, the town is rid of two strip-tease bars, and no one else has tried to move in.

Second, if city council members have no leeway on the granting of liquor licenses, why do they come up for a vote? Either the license application meets all of the requirements or it doesn't. Very likely these matters could be handled administratively.

One of the points Mayor Spradling makes it that there are constitutional issues to consider. But in Blue Springs, Mayor Greg Grounds -- who, like Spradling, is a lawyer -- said that city found ways to restrict strip joints without bashing anyone's rights.

Here is what Blue Springs did: It designated an area for strip-tease businesses. It happens to be in an abandoned quarry with no access. The city required strip-tease places to be at least 1,000 feet from any place that sells alcoholic beverages. A strip joint must be screened by a masonry wall at least six feet high. And customer contact with erotic dancers is tightly regulated, including no tipping.

These sound like practical approaches to the situation. Cape Girardeans don't possess looser morals or have less concern about their city's reputation than Blue Springs. Signers of petitions sent a pretty strong message that strippers aren't welcome here.

But the city council said it had to vote for the liquor license once all the requirements were satisfied. What would be really interesting is to see what would happen if city council members who say they don't like strip joints voted that way. If the vote had been 7-0 against the liquor license, what would be likely to happen? The applicant might sue, but the city could test whether or not city councils have a right to protect the wishes and interests of the taxpaying citizens who are saying they don't want strip bars in Cape Girardeau.

There already are provisions in existing city ordinances that permit churches to object to liquor licenses if the proposed establishment is nearby. On more than one occasion city council members have reluctantly voted to turn down a liquor license on this basis, even though they publicly stated they favored the business seeking the license. Those situations, however, didn't involve strippers.

If the law can be written to allow churches to have the last word on taverns as neighbors, the city ought to be able to find a way to stand behind residents who don't want a strip bar anywhere in town.