Supporters of a comprehensive ordinance against sexually explicit businesses approached the Kosciusko County Commissioners Tuesday about the plan, but the ICLU wasn't far behind.

Upon receiving a 36-page ordinance from the American Family Association, the commissioners were informed by representatives of the Indiana Civil Liberties Union that if approved, it would result in a lawsuit similar to one seen in North Webster two years ago.

That's when the ICLU successfully defended Cruiser's topless bar against an ordinance established by North Webster Town Council. On top of seeing the ordinance rescinded, the town also had to pay nearly $25,000 in legal fees incurred by the ICLU in the legal battle.

With that in mind, it appears the county might be leary of passing an ordinance that county attorney Mike Miner questioned would even be effective.

Miner said the proposal appears to be geared toward cities and restricts adult businesses from operating near schools, churches and residential areas. Given some of Kosciusko County's rural, sparsely populated areas, that could leave plenty of possibilities.

No action was taken on the issue.

On more than one occasion, proponents said they were not trying to run Cruiser's out of business, but rather deter future entrepreneurs and regulate activity.

AFA's state executive director Vickie Bowman brought with her paperwork documenting the need for such an ordinance and examples of its success in other parts of the United States.

The organization has sent "sample packages" of the proposal to 13 other communities in Indiana, including Charleston, which recently approved a similar ordinance, she said.

Bowman warned of what she believes is a growing infiltration of related activities and added, "We feel you need to be proactive on this."

"If you have a strong ordinance, they will choose to go elsewhere," Bowman said.

"It is a bit lengthy, but we feel if you leave yourself open with a small lawsuit, you're just asking for a lawsuit," she said.

Also attending Tuesday's meeting was Cruiser's owner Sammy Stimmel and two representatives of the ICLU, who brought a letter to the commissioners. The letter referred to the group's success with Cruiser's and read: "It is our understanding that the proposed ordinance would have the same effect. Our response to the unlawful ordinance, if it were to pass, would be exactly the same: we would bring a lawsuit to enjoin the attempt to limit activity which is expressly allowed under both the United States Constitution and Indiana law."

But Bowman said she believes the proposal falls within constitutional parameters and points out that it was written by constitutional lawyers who work with the National Law Center in Fairfax, Va.

A similar proposal was recently upheld by the Nevada State Supreme Court, she said.

AFA offers advice, and financial support for legal efforts is available on a case-by-case basis, she said.

The proposal is limited to unincorporated areas of the county, and therefore would not serve as a threat to Cruiser's.

Some county officials expressed disgust with topless dancing, but were reserved about the proposal.

"If we passed an ordinance that's too strict and unconstitutional, there's no question what would happen," Miner said. "It would cost the county money."

Commissioner Brad Jackson said he believes there is a negative impact from related businesses, but added: "Sometimes democracy, when it's truly working, works against your personal beliefs."

Although Cruiser's won its legal battle, the city of Warsaw and several other towns that don't have any topless bars have established ordinances prohibiting the businesses.

The AFA is supported by the Concerned Citizens of North Webster, a group that has opposed Cruiser's activities for years. [[In-content Ad]]