L.A. Proposal Could Doom Lap Dancing

LOS ANGELES — A Los Angeles City Council panel will weigh another attempt to further regulate adult cabarets with a proposed ordinance that would outlaw direct tipping and effectively end the practice of nude or near-nude dancers writhing in customers’ laps.

The measure, which could have the effect of dooming more than three dozen adult cabarets in the city that would have to adhere to a “six-foot rule,” may have a good shot at passing after a failed attempt several years ago. It also would limit performances only to raised stages with rails.

“You are not regulating dance, you are regulating physical contact,” Assistant City Attorney Michael Klekner told the city’s Police Commission. “That is conduct that is not protected … by the Constitution.”

The Police Commission earlier this week voted for the ordinance and passed it to the council’s Public Safety Committee, which has not yet scheduled a future meeting.

The LAPD has long sought the change, claiming the existing ordinance — officially known as Sec. 103.102.1 — is insufficient and difficult to enforce.

LAPD Det. Ben Jones told police commissioners that the ordinance is needed because some adult dance halls are hotbeds of prostitution and other crimes. He told of officers arriving at the cabarets to find used condoms littering the floors.

The law, as it stands, allows a dancer, “to go into a dark corner with a patron and sit on his lap, and for him to grab her buttocks and move up and down and there is no way to know if there is prostitution going on unless we go up to them and separate them.”

The current measure would require patrons to remain at least six feet away from exotic dancers, who would be limited to performing only on raised stages with rails.

Attorney John Weston of the West Los Angeles law firm Weston, Garrou and DeWitt, who represents nearly 20 adult cabaret operators who are fighting the proposed ordinance, called the measure unnecessary and predicted it would waste precious police resources.

“If there’s prostitution, arrest those involved,” Weston told the Police Commission. “This is a city of 3½ million people; surely you can have room for diversity in the laws.”

The city passed a similar measure in 2003 but was challenged by opponents, who filed a petition for a voter-referendum aimed at overturning the new rules. But the council opted to repeal a rule requiring patrons to keep their distance from dancers after the challenge.

What was left on the books was a pared-down version of the original ordinance that outlawed VIP rooms and set standards for security guards but allowed lap dancing. Skin-to-skin touching between dancers and patrons had been illegal, and remains so.

The current proposal, authored by Councilman Tony Cardenas, comes in the wake of a January federal appeals court opinion.

The 9th U.S. Circuit Court of Appeals ruled that La Habra, Calif.’s ordinance requiring dancers to remain at least two feet away from patrons during lap dances and prohibiting physical contact between dancers and patrons in adult cabarets did not violate constitutionally protected freedom of speech and expression.

The 9th Circuit affirmed a dismissal of claims by adult cabaret operator Bill Badi Gammoh and several dancers that the ordinance was vague and overbroad. The court granted summary judgment to the city of La Habra on the issues of freedom of speech and expression and also rejected the contention that the ordinance accomplished a regulatory taking.

Meanwhile, in Seattle, a group of adult cabaret owners and supporters announced Thursday a referendum campaign to try to overturn new rules passed by City Council. The group hopes to gather nearly 14,000 signatures on petitions to put the question before voters next year.

Seattle’s new ordinance imposes some of the strictest rules for adult cabarets among the U.S.’s large cities It requires dancers to stay four feet from patrons and forces clubs to install bright lighting and waist-high railings in front of their stages.

“I don’t think the ordinance that just got passed by the council is popular with the citizens of Seattle, and I think they should be given a chance to decide for themselves whether they want it or not,” attorney Gil Levy said.

Copyright © 2024 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

Nebraska AV Bill Moves Forward Despite Privacy, Free Speech Concerns

Nebraska’s unicameral Legislature has given first-round approval to LB 1092, the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Performers in Meta Blacklisting Lawsuit Seek to Preserve Antitrust Claims

Adult Performance Artists Guild board officers Alana Evans, Kelly Pierce and Ruby have informed a California court that, although they want to drop their lawsuit claiming that Meta conspired with OnlyFans to blacklist rival premium fan platforms’ talent, they may still pursue antitrust claims in the future.

FSC, Co-Plaintiffs to Ask US Supreme Court to Review Constitutionality of Texas Age Verification Law

The Free Speech Coalition (FSC) and its co-plaintiffs in the challenge to Texas’ controversial age verification law have petitioned the United States Court of Appeals for the 5th Circuit to stay its recent decision upholding the law, because they intend to appeal to the U.S. Supreme Court to review the law’s constitutionality.

FSC Vows to Fight Florida Age Verification Law

The Free Speech Coalition (FSC) has issued a statement vowing to continue fighting Florida’s new age verification law, which was signed by Gov. Ron DeSantis on Monday as part of a comprehensive bill targeting minors’ use of social media.

Kansas Republican Aims to Create New Bureaucracy to 'Investigate' Porn Websites

Republican state legislators succeeded Monday in moving forward Kansas’ version of the age verification bills being sponsored around the country by anti-porn religious conservative activists, despite serious concerns raised by House Democrats about the cost of establishing a new bureaucracy tasked with investigating websites for pornographic content.

Industry Attorney, Free Speech Champion Clyde DeWitt Passes Away at 75

Noted industry attorney Clyde DeWitt passed away on Friday in Las Vegas at 75, according to friends and colleagues.

Texas AG Ken Paxton Sues Chaturbate, xHamster Over Controversial Age Verification Law

Texas Attorney General Ken Paxton filed lawsuits on Tuesday against the parent companies of Chaturbate and xHamster, claiming that the sites are not complying with the state’s controversial age verification law, HB 1181.

GirlsDoPorn's Michael Pratt Extradited From Spain, Pleads 'Not Guilty'

Former GirlsDoPorn owner Michael Pratt made his first appearance in federal court Tuesday following his extradition from Spain Monday night, according to a statement released by the Department of Justice.

Missouri Republican Behind FOSTA-SESTA Renews Attack on OnlyFans

Rep. Ann Wagner, the Missouri Republican legislator who was the original architect of FOSTA-SESTA, has renewed her call for federal action against OnlyFans.

Idaho Legislature Passes Republican Age Verification Bill With Full Democratic Support

The Idaho legislature has passed the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Show More