The ruling is a stinging defeat for the city in its continuing fight to curb Tampa's adult entertainment industry. Industry folks, however, had always maintained the ordinance was illegal.

Hillsborough County Judge Elvin Martinez said the so-called 6-foot rule is unconstitutional ``on the grounds that it is over broad, and on the grounds that the city's stated purpose for enacting the ordinance is not furthered by the ordinance.``

Martinez said the ordinance is aimed at prohibiting physical contact between nude dancers and patrons, but does not address patrons coming closer than six feet to nude women who are serving soft drinks.

This type of ``selective enforcement provides police with unfettered discretion to arrest, and that under the provisions of the ordinance, whether they are being enforced or not, dancers and patrons who are engaging in otherwise constitutionally protected First Amendment rights of freedom of speech and association are subject to criminal prosecution,'' Martinez said in his ruling.

When Tampa officials approved the ordinance in 1999, they said it was needed to prevent the spread of disease and because lap dancing contributes to prostitution.

Martinez disagreed.

``There was no evidence presented to reasonably conclude that sexually transmitted diseases are spread as a result of contact dancing between a clothed person and nude dancer,'' the judge said. He also noted that there was no evidence to support that claim that lap dancing increases the incidence of prostitution.

The ruling dismisses the cases against 38 dancers and patrons.

Since the city began its sporadic enforcement of the ordinance, more than 300 dancers and customers have been arrested at clubs such as Mons Venus and Pink Pony.

Last week, two nude dancers were convicted of violating the ordinance in two separate jury trials in Hillsborough County court.

Molly Jacobson, 27, a long-time dancer at Mons Venus, was the first to be convicted. Jennifer Daniels, 20, also a dancer at the Mons, was the second found guilty. The women plan to appeal.

Hillsborough County Judge Joelle Ann Ober fined the two women $100 each.