Oregon Rules for Adult Entertainment in 2 Cases

SALEM, Ore. — In big wins for adult entertainment businesses in Oregon, the state Supreme Court has ruled unconstitutional a law against conducting live sex shows and a local ordinance regulating the conduct of nude dancers.

Thursday’s decision continued the Oregon court's pattern of broadly interpreting the constitutional rights as forbidding virtually all regulation of obscenity.

The court, 5-1, overwhelmingly said that both restrictions violate the Oregon Constitution's guarantees of free speech and free expression.

The constitution adopted in 1859 says, "No law shall be passed restraining the free expression of opinion, or restricting the right to speak, write or print freely on any subject whatsoever."

In one case, defendants Sally Dufloth and Duane Smith, owners and managers of Miss Sally's Gentlemen's Club in Nyssa, Ore., were convicted by a lower court after a police officer responded to a complaint at the club and, upon entering, saw a nude dancer kneeling against a barrier surrounding the stage, shaking her hair in a patron's face. The dancer was less than a foot away from the patron.

The officer arrested Dufloth and Smith for violating a Nyssa ordinance regulating strip clubs, specifically a law regulating a four-foot distance between entertainers and customers.

Both defendants appealed the criminal convictions to an appeals court, asserting that the city ordinance is an unconstitutional restriction on expression. That appeal was denied.

The city argued that the ordinance at issue is not an impermissible restriction on expression because it does not prevent or interfere with the dancers' message; rather, the ordinance is directed at preventing sexual activity and, to that end, merely imposes a reasonable restriction on conduct.

Finally, the city argued that the ordinance did not restrict speech at all but only restricted conduct.

The court, however, did not buy Nyssa’s argument.

“We conclude that Nyssa city code is a law that is directed by its terms and in its actual focus on restraining a particular variety of expression, and that it does not fall within any well-established historical exception to the prohibition against such laws,” the court wrote. “It is unconstitutional on its face.”

In another ruling Thursday, the court ruled decided the case of a Roseburg,Ore., adult business featuring live sex performances in private rooms.

Charles Ciancanelli was convicted of the crime of promoting a live sex show after undercover police paid women to perform sexual activities while the officers watched in the "performance rooms" at the business, called Angels.

But the high court reversed part of Ciancanelli’s appeal, ruling that a state law regulating live sex is unclear.

"The state contends that it is not directed at expression but, instead, at conduct that the legislature is entitled to punish," the court wrote. "However, the state's briefing on that particular point is somewhat unclear: At some points, it appears to suggest that [the law] is directed at public masturbation and sexual intercourse while, at other points, the briefing suggests that the statute is directed at 'masturbation and sexual intercourse for profit.'"

The cases are City of Nyssa vs. Sally Dufloth/Duane Smith, No. S49963, and State of Oregon vs. Ciancanelli, No. S49707.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Utah VPN Rule Enforcement Paused in Aylo Lawsuit

Provisions of a new Utah law making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification, which were set to come into force on Wednesday, have been put on hold until Sept. 3.

Magic Silk Debuts 'Rush' Collection

Magic Silk has introduced its new Rush line of lingerie.

Playharda Introduces 'AquaPulse Trio' Shower Massager

Playharda Wholesale has debuted the AquaPulse Trio shower massager with interchangeable heads.

Sportsheets Releases New Training Video for 'Shadow' Collection

Sportsheets has released its latest training video, hosted by Brand Ambassador Rin Musick, featuring the Sex & Mischief line’s Shadow Collection.

Orion Debuts 'Ultimate Sex Stool' From 'The Banger' Line

Orion Wholesale has introduced the new Ultimate Sex Stool from its Banger line.

Pornhub Unblocks UK Users on iOS Devices, Citing Apple AV Effectiveness

Pornhub parent company Aylo on Tuesday announced that users in the United Kingdom will once again be able to access the popular site if they are using Apple devices and have confirmed their age through Apple’s U.K. age-verification process.

North Carolina Weighing Tax on Brick-and-Mortar Sales of Adult Material

The North Carolina state legislature is considering a bill that would impose a new 10% tax on adult material sold by physical retailers in the state.

Lick Goods Expands Massage Oils Collection

Sexual wellness brand Lick Goods has introduced two new flavored massage oils.

Orion Expands 'Bad Kitty' Line

Orion Wholesale has added six new restraint sets to its Bad Kitty collection of fetish accessories.

BeYourLover Debuts 'Guitar' 2-in-1 Vibe

Pleasure brand BeYourLover has introduced its Guitar two-in-one vibrator and suction device.

Show More