In Club SinRock, LLC v. Municipality of Anchorage,[1] the supreme court held that a municipal closing-hours restriction applies to adult cabarets, but, under strict scrutiny, violates the Alaska Constitution’s free speech clause. Although a municipal ordinance required adult-oriented establishments to be closed between 2:00 a.m. and 6:00 a.m., Club SinRock, an adult cabaret featuring nude dancing, stayed open until 4:00 a.m. The municipal clerk held that the closing-hours restriction applied to adult cabarets and that Club SinRock violated this restriction. The superior court affirmed and further held that the restriction did not violate Club SinRock’s free speech rights. On appeal, the supreme court held that the ordinance’s plain language and legislative history indicate that the restriction applied to adult cabarets. However, the supreme court determined that the restriction was a content-based speech restriction, triggering strict scrutiny under the Alaska Constitution. The supreme court held that the ordinance’s restriction was not narrowly tailored to meet the municipality’s interests in reducing harmful secondary effects like prostitution, but that a similar ordinance bolstered by solid evidence may be constitutional. The supreme court reversed the decision of the superior court, holding that a municipal closing-hours restriction applying to adult cabarets is unconstitutional under the Alaska Constitution’s free speech clause.
[1] 445 P.3d 1031 (Alaska 2019).
