GRANTS PASS, Ore. — A Josephine County judge has ruled that an amendment to the county charter regulating nude dancing is unconstitutional.

In 1994, county voters amended the charter to prohibit the location of adult entertainment within two miles of schools, churches, community buildings, public parks and other designated sites. The amendment also requires a $10 million bond to offset potential liability claims against the county.

In his opinion Thursday, Judge Gerald Neufeld said the bond requirement is in conflict with state law, the Oregon Constitution and the First Amendment of the U.S. Constitution because it "suppresses what is clearly free expression."

Neufeld said the two-mile setback is "overbroad and vague."

"Movie theaters, museums or local live-performance plays conceivably could be restricted under this provision," he said, adding that the charter amendment "is unconstitutional in its entirety."

Club 71 owners Larry Lacey and his son, Tyson, opened Feb. 4 in what was believed to be a violation of the charter.

"I'm pleased — thrilled," Larry Lacey said yesterday. "It took all this time and money to show what everybody already knew."

Josephine County commissioners expressed disappointment.

County Counsel Steve Rich said the commissioners have options, including a trial and a hearing for a permanent injunction.

"The board is deciding how to proceed," he added. "As a practical matter, our case doesn't get any better just because we proceed to trial."