Lower Court Holding
Decision of the Pennsylvania Supreme Court
This is an appeal by allowance from the order of the Commonwealth Court reversing the trial court’s order permanently enjoining the enforcement of the City of Erie’s Ordinance 75-1994 and striking the ordinance in its entirety. For the following reasons, we now reverse.Case Background On September 28, 1994, the City Council for the City of Erie enacted the ordinance. The ordinance states that it is a summary offense to appear in a "state of nudity." In order to avoid being in a "state of nudity," a female person over the age of 10 years of age would have to wear,…
