NACOGDOCHES, TX (KTRE) - Criminal attorney Georgia Kimmey is taking hold of a court appointed case involving the dancers arrested last August at Baby Dolls.
"That type of dancing is legal, whether it's in a bikini or a fur coat. It is legal. They weren't nude," said Kimmey.
Unlike dancers in 1996.
Nude dancing was widely publicized at the sight by a different owner. A grass roots effort teamed up with law enforcement to get an ordinance passed.
A new $1500 application fee for sexually oriented businesses is just one part of a new business order approved today by county commissioners.
The other part was requiring dancers to be licensed and today is the same 16-year-old ordinance that Kimmey is contesting.
"I do not question the good intentions of the county commissioners, not at all, but I am in favor of upholding the law," said Kimmey.
Kimmey's argument is bikini dancing is freedom of expression and the ordinance is a violation of Texas law.
The constitutional red flag was enough to delay a jury selection and send a county court of law judge and attorney to the law books.
"Constitutional law is by its nature complicated and requires a of research," said Nacogdoches County Attorney John Fleming.
Any future decision, by a judge or a jury will impact numerous dancers.
Meanwhile, they try to carry on after losing their jobs.
"One is living in Kilgore with her mother. She's married and having a baby now. Another one has found a different type of job. She's in a completely different line of work now and others have moved on to other places and still in the business," said Kimmey.
Kimmey and Fleming will present written briefs on the argument to Judge Jack Sinz on May 29.
Oral arguments are scheduled to be heard June 4.