Ohio's prohibition on nudity and sexual activity at establishments where alcohol is served is not unconstitutional, the 6th Circuit ruled.

The district court had issued an injunction preventing the enforcement of the Ohio Liquor Control Commission's Rule 52.

J.L. Spoons Inc., the owner of a group of Ohio strip clubs, had claimed that Rule 52 violated its First Amendment rights, because some artistic dance performances may be found to violate the rule.

Judge Siler overruled the district court, stating that the rule is not unconstitutionally over-broad.

"Persons desiring to perform mainstream works of art involving nudity and sexual activity may do so in an establishment that is not licensed to sell liquor," Siler wrote. "Mainstream works of art that merely suggest sexual activity will not be burdened."

A truck driver was crushed and trapped in his truck when a highway overpass collapsed, and his horrified wife watched his rescue on live television, Robert and Carol Sylvester claim in Butte County Court.

The Sylvesters sued FCI Constructors, of Vista, and Granite Construction Co., of Watsonville, who were working on State Route 149 between SR 99 and SR 70 before and during the July 31, 2007 collapse. The Sylvesters say the defendants "were put on notice of safety violations at the construction site of the freeway overpass" before July 31. And, they say, "several minutes prior to the eventual collapse of the overpass false work defendants were on notice or should have been on notice that the structure was unsafe, unstable, moving, and likely to collapse."

The complaint continues: "Carol Sylvester witnessed the event where her husband was trapped in the debris of the collapsed freeway overpass via live television. Plaintiff was aware that her husband was in fact injured in the ongoing event and was aware of reports of his injuries during the event."

The Sylvesters demand punitive damages. They are represented by James McKenna with Peters, Rush, Habib & McKenna.