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

Pornhub, Stripchat: VLOP Designation Based on Flawed Data

In separate cases, attorneys for Pornhub and Stripchat this week told the EU’s General Court that the European Commission relied on unreliable data when it classified the sites as “very large online platforms” (VLOPs) under the EU’s Digital Services Act, news organization MLex reports.

FSC Releases Updated Age Verification Toolkit

The Free Speech Coalition (FSC) has announced the release of its updated age verification toolkit.

UK Moving Ahead with Plan to Outlaw 'Choking' Content

The U.K. government has announced its intent to follow through on criminalizing “choking” content, a plan that was announced earlier this year.

Italy to Require Age Verification for Adult Sites

Italian media regulator AGCOM has announced that all sites and platforms hosting adult content will be required to implement age verification systems to prevent access by users under 18.

Russian Lawmakers Call for Age Verification

Two Russian lawmakers have called on the country’s government to implement age verification for adult content.

Canadian Privacy Commissioner Endorses National AV Bill

Philippe Dufresne, privacy commissioner of Canada, has voiced support for a bill that would impose fines of up to $500,000 on adult sites that do not implement age verification for Canadian viewers.

Industry Attorney Paul Cambria Retires After 50 Years of Practicing Law

After more than a half-century in practice, during which he provided the defense in some of the adult industry's most notable legal cases, attorney Paul Cambria has retired.

FSC: California's Device-Based AV Law Does Not Apply to Adult

The Free Speech Coalition (FSC) put out an advisory today explaining that California's new device-based age verification law does not apply to adult websites.

Ohio AG Threatens Action Against 'Major' Adult Sites Over AV Law

Ohio Attorney General Dave Yost announced today that his office is sending "notice of violation" letters to 19 adult websites for failure to comply with the state's recently enacted age verification law.

Ukrainian Content Creators on Hook for Nearly $10M in Back Taxes

Content creators in Ukraine owe the equivalent of $9.3 million in back taxes, according to the country's State Tax Service.

Show More