Do waitresses dressed in body paint constitute a sexually oriented business?
The Lewisville City Council took a look at its sexually oriented business ordinance after complaints about the attire of waitresses at Redneck Heaven.
On regular days, the wait staff dresses in bikini tops. But on theme nights such as ABC Nights, or Anything But Clothing Nights, the all-female staff may wear little more than body paint.
"This isn't an X-rated movie," Redneck Heaven owner William Tinker said. "It's an R-rated, possibly, maybe, you could go under that, I think, but you know what you're coming to. You don't bring little kids."
The City Council voted 4-0 Monday night to change the ordinance to say that body paint and tattoos do not provide enough coverage at public businesses.
Lewisville city spokesman James Kunke said the city received complaints about Redneck Heaven staff wearing only pasties and body paint.
"We have an ordinance in place that requires opaque covering, so it can't be clear or translucent [and] you can't be standing there with no clothing," he said before the City Council meeting. "But is body paint an opaque covering?"
Customers have sent NBC 5 photos of waitresses in body paint, ping pong balls and lingerie.
"We have never allowed them to dress beyond what city code has authorized, and we will continue to abide city ordinances, and if City Council decides to change them, we'll abide by the new laws," Tinker said before the City Council meeting.
Three members of the public spoke abou the issue at Monday night's meeting, including a woman who showed council members photos that she found offensive and a man who stood up for Redneck Heaven.
Redneck Heaven has not been cited for any violations in Lewisville.
The restaurant chain has three locations, one each in Lewisville, Fort Worth and Arlington.
NBC 5's Randy McIlwain and Julie Fine contributed to this report.