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

Missouri AG Announces Age Verification Rule to Take Effect Nov. 30

Newly appointed Missouri Attorney General Catherine Hanaway announced Friday that the state's recently approved age verification regulation for adult websites will go into effect on Nov. 30.

Aylo, Woodhull Freedom Foundation to Host 'Online Censorship' Event

Aylo and Woodhull Freedom Foundation will co-host a virtual panel addressing online censorship on Sept. 30.

Judge Awards Plaintiffs Over $400K in Attorneys Fees in Derek Hay Civil Case

California Superior Court Judge Gail Killefer has awarded former clients of LA Direct Models over $400,000 in attorneys fees and court costs, to be paid by agency founder Derek Hay.

Former Backpage CEO Carl Ferrer Sentenced to 3 Years Probation, $40,000 Fine

Former Backpage.com CEO Carl Ferrer was sentenced in federal court today to three years' probation and a $40,000 restitution fine for a conspiracy conviction related to money laundering through the defunct website.

Playboy Wins $81 Million Judgment in Chinese Licensing Arbitration

Playboy Inc. was awarded $81 million in damages on Monday by the Hong Kong International Arbitration Centre, in a licensing dispute with former partner New Handong Investment (Guangdong) Co. Ltd.

GirlsDoPorn Owner Michael Pratt Sentenced to 27 Years

Michael Pratt, former owner of the website GirlsDoPorn, has been sentenced to 27 years in federal prison.

Aylo Fined $5 Million as FTC, Utah Settle Safety Practices Complaint

The Federal Trade Commission and the state of Utah on Wednesday settled a complaint against Aylo, requiring the company to pay a $5 million penalty and implement measures to prevent illegal content from appearing on its sites.

XBIZ Amsterdam 2025 Show Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for XBIZ Amsterdam 2025, set to take place Sept. 2-4.

FSC: Missouri Age Verification Rule Will Not Take Effect August 30

The Free Speech Coalition (FSC) announced that Missouri's proposed age verification legislation will not take effect on August 30, as it had originally estimated.

Germany Will Block Payments to AV-Noncompliant Adult Sites as of Dec. 1

Starting Dec. 1, Germany will implement new rules prohibiting financial institutions from providing payment services to adult sites deemed to have inadequate age verification systems and making it easier for the government to target websites mirroring the content of such sites.

Show More