Butler, 101895 ALAGO, AGO 96-12

Case DateOctober 18, 1995
CourtAlabama
Honorable Tom Butler
AGO 96-12
No. 96-00012
Alabama Attorney General Opinion
State of Alabama Office of the Attorney General
October 18, 1995
         Honorable Tom Butler Member, Alabama State Senate 136 Hartington Drive Madison, AL 35758          Dancing - Counties -Ordinances          On the face of the statute, a county, in which a Class III municipality is located, may under Code, § 11-3-27 enact an ordinance prohibiting topless, bottomless or nude dancing for monetary consideration within the boundaries of the county. Any questions involving the constitutionality of the Act must be determined by a court of competent jurisdiction.          Dear Senator Butler:          This opinion is issued in response to your request for an opinion from the Attorney General.          QUESTIONS          May the Madison County Commission enact an ordinance prohibiting topless, bottomless or nude dancing for monetary consideration as allowed by Act No. 94-585?          Would Act No. 94-585 be held constitutional by the courts?          FACTS, LAW AND ANALYSIS          Act No. 94-585 is codified at Code of Alabama 1975, § 11-3-27 which states:
         "(a) The county commission of any county in which a Class III municipality is located may pass an ordinance prohibiting topless, bottomless, or nude dancing for monetary consideration within the boundaries of the county. The ordinance shall be enforced by the sheriff of the county.          "(b) A conviction for a violation of an ordinance passed pursuant to subsection (a) shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000) and imprisonment in the county jail for not more than six months."
         Initially, it must be stated that acts of the legislature are presumed to be valid until found to be otherwise by a court of competent jurisdiction. Gray v. Johnson, 235 Ala. 405, 179 So. 221 (1938). Additionally, the Attorney General generally does not...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT