License Requirement for Music/Dancing in Bars Ruled Unconstitutional

Local governments take note that Chief Judge John Coughenour of the Western District of the U.S. District Court ruled on June 29th that a Washington State law requiring bars and nightclubs to obtain permission from government offices before providing live music or entertainment violates the First Amendment right to protected expression. See Jersey's All-American Sports Bar, Inc. v. Washington State Liquor Control Board, et al., ( 1,107kb) No. C98-1622C, slip op (W.D. WA 6/29/99)

Under RCW 66.28.080, it is unlawful for an establishment with a retail liquor license to allow any music, dancing, or entertainment "unless and until permission" is specifically granted by the appropriate local government. Judge Coughenour ruled that the statute, the City of Seattle's informal entertainment licensing procedure, and the Washington State Liquor Board's entertainment licensing procedures are all unconstitutional prior restraints on First Amendment protected expression. According to the decision, the official discretion granted by these provisions to censor and license speech and the consequent possibility that this discretion may be abused renders them constitutionally invalid.

As a result of this ruling, local governments are permanently enjoined from enforcing RCW 66.28.080 as it is presently drafted. According to Seattle City Attorney Mark Sidran, in a comment made to the Seattle Times, "As for now, I think the bottom line is: Party on dude - no regulation."