Federal Judge Tosses Claim Over Strip Club Brochures

ATLANTIC CITY — New Jersey authorities are not civilly liable for an employee's decision to remove strip club brochures from Garden State Parkway service plazas, a federal judge ruled last week.

The operators of Bare Exposure sued defendants South Jersey Transportation Authority, New Jersey Turnpike Authority and the private service plaza operator HMS Toll Roads in 2012 on free speech and other grounds.

Bare Exposure said the defendants rejected its brochures, which depict a woman's face and the text "Bare Exposure ... Atlantic City's Only All Nude Entertainment."

A manager with HMS, which operates the plazas, ordered the brochures removed because he felt patrons would find them offensive.

The manager, Greg Dion, said he did not order the brochures removed for commercial reasons but admitted it could affect the club’s business.

Bare Exposure's amended complaint asserted a First Amendment violation and challenge to code provisions; 14th Amendment due process and equal protection violations; and speech, association, due process and equal protection violations of the New Jersey’s Constitution.

Bare Exposure moved to restrain the defendants from removing the brochures, and the defendants moved for summary judgment.

But U.S District Judge Renee Marie Bumb found that Dion acted on his own authority and not under the state's direction when she granted the defendants' request for a summary judgment.

"The undisputed facts make clear that Mr. Dion's decision to have the brochures removed was his and his alone; he did not consult with or receive any direction from the authorities," the judge said. "Moreover, he did not review or consider any provisions of the New Jersey Administrative Code prior to making his decision, but instead, he believed he was exercising Host's authority under the CTM agreement."

Bumb also tossed the claim that political pamphlets in the plazas support a state action.

"Plaintiff has presented no evidence beyond mere argument that such communications were 'done in such a manner that a reasonable patron would tend to assume that all the messages being presented were those of the respective authorities,'" Bumb wrote. "Such conclusory assertions are insufficient to survive summary judgment."

View ruling

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

Justices Alito, Thomas Invoke Victorian-Era Morality Law, Raising Censorship Concerns

Several national publications reported this week on widespread concern among Free Speech advocates after U.S. Supreme Court Justices Samuel Alito and Clarence Thomas repeatedly invoked during a hearing the infamous segregation-era law the Comstock Act, which was the cornerstone of U.S. censorship of sexual material from the 1870s until the 1970s.

TeamSkeet Releases 1st Installment of 'Ripe for the Taking'

TeamSkeet has released the first installment of its latest feature, "Ripe for the Taking," starring TeamSkeet March AllStar Scarlett Alexis.

Pineapple Support Taps Kasey Kei as Brand Ambassador

Pineapple Support has named veteran performer and content creator Kasey Kei as its latest brand ambassador.

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.

Eva Maxim, Katrina Colt Headline 'Cumming to LA' From Cherry Kiss

Eva Maxim and Katrina Colt star with Vince Karter in 2021 XBIZ Europas Female Performer of the Year Cherry Kiss' "Cumming to L.A.," from Evil Angel.

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.

Skylar Snow Headlines 'Infidelity 4' From Sweet Sinner

Skylar Snow toplines "Infidelity 4," the latest release from Mile High Media studio brand Sweet Sinner.

Serenity Cox Stars in 'Enjoy It' From MILFY

Serenity Cox stars with Alberto Blanco in "Enjoy It," from Vixen Media Group studio imprint MILFY.

Melissa Stratton Stars in Finale of Wicked's 'So Extra'

Melissa Stratton and Robby Apples star in the final scene from Wicked Pictures' "So Extra."

BiPhoria Drops Jim Powers' 'Saying GoodBi'

BiPhoria has released director Jim Powers' "Saying GoodBi."

Show More