Appeals Court Enforces Ban on Erotic Movement in Clubs

GREENBORO, N.C. – In a far-reaching decision that could potentially make cheerleaders or pop singers a target for prosecution, a 4th U.S. Circuit Court of Appeals upheld a ban on erotic simulation in adult entertainment venues throughout the state of North Carolina.

The case of club owner Giovanni Carandola vs. Douglas A. Fox, chairman of the North Carolina Alcoholic Beverage Control Commission, met its fate this week before the Circuit Court, which ruled that the state can prohibit erotic movements or gestures at alcohol-licensed establishments even if the performer is fully clothed. Only venues that are “primarily” devoted to the arts or theatrical performances are exempt from the ban.

The court’s decision comes as the last stop in a battle that began in 2000 when a commission officer for the ABCC witnessed dancers at Carandola’s Christie’s Cabaret “performing in a manner that violated then-applicable state law.”

Two years after Carandola was first cited, the 4th Circuit struck down that law for being overly broad, only to have the Legislature amend it last year with even more specific guidelines prohibiting adult venues from allowing simulated sex acts of any kind that mimick masturbation, sodomy, sexual intercourse, bestiality, oral copulation or flagellation. The terms of the amendment also included touching, caressing or fondling of the breasts, buttocks, anus, vulva or genitals and the use of artificial devices or inanimate objects.

In final arguments before the 4th Circuit, attorneys for Carandola argued that that law, even in its amended state, had a chilling effect on adult entertainment and posed a major threat to protections of the 1st and 14th Amendments.

Carandola even brought in anthropologist Dr. Judith Hanna to testify that movements in dance “such as those with the hips, thighs, breasts, hair and hands have traditionally been associated with simulating sex,” therefore making the law so broad as to prohibit constitutionally protected expression of the most basic kind.

The law exempts theaters, concert halls, art centers or theatrical performances when those performances are expressing “matters of serious literary, artistic, scientific or political value.”

“No one would mistake a dancer gyrating her hips for someone having intercourse, nor believe that a Carolina Panthers cheerleader patting her buttocks as part of a dance routine was masturbating,” Judge Diana Gribbon Motz wrote in her dissent.

Copyright © 2025 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

Ofcom Fines AVS Group $1.3 Million for AV Noncompliance

U.K. media regulator Ofcom on Wednesday imposed a penalty of one million pounds, or approximately $1.3 million, on AVS Group Ltd. after an investigation concluded that the company had failed to implement robust age checks on 18 adult websites.

Updated: Aylo to Help Test EU Age Verification App

Pornhub parent company Aylo plans to participate in the European Commission’s pilot program for its “white label” age verification app, a spokesperson for the company has confirmed.

Missouri Lawmaker Attempts to Revive 'Health Warnings' for Adult Sites

A Missouri state representative has introduced a bill that would require adult sites to post notices warning users of alleged physical, mental, and social harms associated with pornography, despite a previous federal court ruling against such requirements.

Ruling: Italy's 'Porn Tax' Applies to All Content Creators

Italy’s tax revenue agency has ruled that the nation’s 25% “ethical tax” on income generated from adult content applies even to smaller independent online content creators.

Proposed New Hampshire AV Bill Appears to Violate Constitution

A bill in the New Hampshire state legislature, aimed at requiring adult sites to age-verify users in that state, contains a provision that seemingly contradicts the Supremacy Clause in Article VI of the U.S. Constitution.

Online Child Protection Hearing to Include Federal AV Bill

A House subcommittee will hold a hearing next week on a slate of bills aimed at protecting minors online, including the SCREEN Act, which would make site-based age verification of users seeking to access adult content federal law.

FSC Announces 2025 Board of Directors Election Nominees

The Free Speech Coalition (FSC) has announced the nominees for its 2025 Board of Directors election.

Canada Exempts Online Adult Content From 'CanCon' Quotas

The Canadian Radio-television and Telecommunications Commission (CRTC) has updated its broadcasting regulatory policies, exempting streaming adult content from “made in Canada” requirements that apply to other online material.

Creator Law Firm 'OnlyFirm' Launches

Entertainment attorney Alex Lonstein has officially launched OnlyFirm.com for creators.

German Court Puts Pornhub, YouPorn 'Network Ban' on Hold

The Administrative Court of Düsseldorf has temporarily blocked the State Media Authority of North Rhine-Westphalia (LfM) from forcing telecom providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

Show More