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

Related:  

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

Octavia Red Stars in Final Episode of Bree Mills' 'Escape From Camp Conversion' From Adult Time

Octavia Red stars in the final episode of the Bree Mills-helmed thriller "Escape From Camp Conversion," from Adult Time studio brand Girlcore.

Octokuro Makes Her Vampired Debut

Octokuro has made her Vampired debut alongside Sata Jones in “Vampirella Unleashed.”

Kyrgyzstan President Signs Measure Outlawing Internet Porn

President Sadyr Japarov of Kyrgyzstan on Tuesday signed into law legislation outlawing online adult content in the country.

NC Legislature Overrides Veto of Extreme Anti-Adult Industry Bill

The North Carolina state legislature on Tuesday voted to override Gov. Josh Stein’s veto of a bill imposing regulations that industry observers have warned could push adult websites and platforms to ban most creators and content.

Natalia Starr Stars in Latest From New Sensations

Natalia Starr stars with Danny Mountain in the latest release from New Sensations.

Sabien DeMonia Drops Latest Evil Angel Directorial 'Depravation of Innocence'

Sabien DeMonia has dropped her latest directorial effort for Evil Angel, “Depravation of Innocence.”

Yhivi Makes Her Tushy Raw Debut

Yhivi has made her debut for Vixen Media Group (VMG) studio imprint Tushy Raw, alongside Dan Damage.

Cubbi Thompson Stars in Latest From Brazzers

Cubbi Thompson stars with Small Hands in the latest release from Brazzers, titled "She’s Good with Her Mouth."

Elegant Angel Premieres Lilly Bell Showcase 'Lilly Loves Girls'

Reigning XMAs Girl/Girl Performer of the Year Lilly Bell gets the spotlight in a new four-part showcase release from Elegant Angel.

Report: VPN Downloads Soar in UK Following Age Verification Deadline

Virtual private network apps, which can be used to circumvent geo-specific age verification requirements, are topping Apple App Store downloads in the U.K. in the wake of new Online Safety Act rules, the BBC is reporting.

Show More