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 © 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

Opinion: Why Device-Based Age Verification is the Key to Protecting Minors Online

Across the United States, state legislators on both sides of the aisle have attempted to tackle the crucial goal of preventing minors from accessing adult content.

Age Verification: FSC's Mike Stabile Reports from the Front Lines

Two years into the religiously-inspired crusade to ban free access to adult material in the U.S. through carefully drafted "age verification" legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Judge Acquits Backpage Defendants of Most Charges Before 2nd Retrial

A federal judge acquitted former co-owner of Backpage.com Michael Lacey and two co-defendants on most of the counts remaining from the protracted trial launched against the website operators by the Justice Department in 2018.

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp this week signed into law a bill that includes provisions requiring age verification for viewing adult content in Georgia, mirroring legislation being sponsored around the country by anti-porn religious conservative activists.

Aylo Asks Judge to Trim Sweeping GDP-Related Lawsuit

Aylo asked a California federal judge during a hearing on Monday to drop trafficking claims from a sweeping lawsuit brought by a former GirlsDoPorn model.

California Republicans, Democrats Team Up to Advance Age Verification for Porn

Both Republicans and Democrats in the California Assembly’s Privacy and Consumer Protection Committee voted last week to move forward a version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Washington Post Spotlights ECP VP Solomon Friedman's Appearance at XBIZ LA

The Washington Post published this weekend a lengthy feature about Pornhub and Aylo, focusing on Ethical Capital Partners’ VP of Compliance Solomon Friedman’s keynote address and other appearances at XBIZ Los Angeles in January.

'Sex Workers Deserve Protections': Congressional Candidate Joe Cohn Reaches Out to Adult Community

Veteran civil rights attorney Joe Cohn, who is currently running in a New Jersey Democratic primary for a seat in the U.S. House of Representatives, says he is reaching out to the adult community to champion an inclusive approach to civil liberties that encompasses all sex workers and adult businesses.

Seoul Authorities Force Cancellation of Adult Expo for 'Distorting Perceptions of Sex'

After Seoul authorities repeatedly prevented 2024 KXF The Fashion from finding a suitable venue, event organizers have canceled the popular Korean adult industry expo, which was scheduled for this week.

FSC to Hold Discussion on Adult Industry Rights With Congressional Candidate Joe Cohn

Free Speech Coalition will hold a virtual discussion with congressional candidate Joe Cohn, whom the organization calls a strong advocate for adult industry rights.

Show More