From reading the article, I don't think it's so much the overall bylaw that got struck down, but how it was applied. The issue seems to revolve around the fact that clothed bartenders didn't require a license but partially clothed ones did. I'm assuming this is because they classed the partially clothed bartenders/waitresses as strippers. I'm going to see if I can find the actual decision.
Windsor strippers' license fee discriminatory, court rules
WINDSOR, Ontario -- A city bylaw requiring exotic dancers to pay a special license fee is discriminatory and excessive, the Ontario Court of Appeal ruled Tuesday.
Lawyer Myron Shulgan, who represented seven Windsor strip clubs, said the court struck down the bylaw because it treats employees in the same job class differently, based on attire.
"A female bartender who is partially nude is required to be licensed, but a female bartender working alongside the former who's fully clothed is not required to be licensed," Shulgan said.
The court said that discriminates between the two employees of the same class.
The decision echoes one made by the Superior Court in September, which the city located across the Detroit River from Detroit had appealed.
Adult entertainment club employees who worked in the nude or partially nude _ and were classified as dancers by the city _ were required to buy a license at an annual cost of about $400 once the bylaw took effect Jan. 1, 2005.
