granting the prosecution's request for an en banc rehearing, the Virginia Court of Appeals on July 22 set aside a three-judge panel's June 10 decision to overturn the nudity convictions of a dancer and managers at a semi-nude dancing establishment. Boyd v. County of Henrico, nos. 0377-02-2, 0380-02-2 and 0381-02-2.

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Young’s e-mail address is gyoungnlj.com. granting the prosecution’s request for an en banc rehearing, the Virginia Court of Appeals on July 22 set aside a three-judge panel’s June 10 decision to overturn the nudity convictions of a dancer and managers at a semi-nude dancing establishment. Boyd v. County of Henrico, nos. 0377-02-2, 0380-02-2 and 0381-02-2. Sharon Boyd was a dancer at Gold City Showgirls. Dianna White and Donna White were managers at the club. After Henrico County sheriff’s deputies observed Boyd and others dancing in “pasties” and G-strings, all three women were convicted under the county’s nudity ordinance-Boyd of public nudity, and both managers of aiding and abetting public nudity. Boyd and the Whites appealed, and the appeals court panel reversed the convictions, holding that the county’s nudity ordinance was unconstitutional as a content-based regulation of speech and is also unconstitutionally vague. It also noted that the ordinance could be interpreted as a ban on “contemporary swimwear,” but that authorities had not chosen to prosecute those offenders. The court said, “Though admitting that both were technically violative of the Ordinance, the Commonwealth’s Attorney would permit Jennifer Lopez to wear one famously revealing dress, but prohibit her from wearing another as to which it is difficult to discern a difference. Some of these violations would be prosecuted; others would not.”

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