The appellants, owners and operators of adult entertainment parlours, appealed the dismissal of their application to quash a City of Ottawa by-law regulating their establishments.
The by-law prohibited touching between dancers and customers and required live entertainment to be performed in open designated areas.
The Court of Appeal dismissed the appeal, finding that the City had the authority to enact the by-law under the Municipal Act, 2001, for health, safety, and consumer protection purposes.
The Court rejected arguments that the by-law was ultra vires, void for vagueness, or a colourable attempt to prohibit the businesses.
Charter challenges under s. 2(b) regarding signage and mandatory notices were either rejected or saved under s. 1, and claims under ss. 7 and 8 lacked a sufficient evidentiary record.
