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- WARNING -. The following presentation contains explicit adult photos and language and is NOT suitable for minors. If you feel you may be offended by the content of this presentation, I strongly suggest that you sit out for this portion of the class XXX Rating (subject matter only) .

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  1. - WARNING - • The following presentation contains explicit adult photos and language and is NOT suitable for minors. • If you feel you may be offended by the content of this presentation, I strongly suggest that you sit out for this portion of the class • XXX Rating (subject matter only) Sex in the City

  2. Sex in the City John W. Keller Sex in the City

  3. Legal Work By: Sex in the City

  4. City Sex and Advertising Sex in the City

  5. Introduction • Sex business is many businesses • Retail stores • Media • Novelties • Lingerie Sex in the City

  6. Intro - 2 • Many Businesses • Video Arcades • Movie Theaters • Adult Cabarets Sex in the City

  7. INCLUDES Lawful sex businesses Book and video sales and rental Magazines and newspapers Sex toys Lingerie Movies Live ARTISTIC performances Does NOT Include Unlawful businesses Prostitution Scope of Discussion Sex in the City

  8. Scope of Discussion (2) • INCLUDES • In-between businesses • “Dancers in box” • “Body rub” parlors • “Lap dancing” Sex in the City

  9. Terms • Pornography • Generic term, accepted by academics and industry • Refers to material that is lawful but may be offensive to some or many • Term often used to apply to unpopular political works • Obscenity • Unlawful material Sex in the City

  10. The Circular Definition • Obscene adj. 1. Offensive to accepted standards of decency or modesty; 2. Inciting lustful feelings; lewd. 3. Offensive or repulsive to the senses; loathsome. ---- obscenely adv. • Lewd adj. Lewder, lewdest. 1. A. Preoccupied with sex and sexual desire; lustful. B. Obscene; indecent. 2. Obsolete. Wicked. --- lewdly adv. – lewdness Sex in the City

  11. And, Of Course • Lust n. 1. Intense or unrestrained sexual craving. 2. A. An overwhelming desire or craving. B. Intense eagerness or enthusiasm. 3. Obsolete. Pleasure relish. ---Lust intr.v. Lusted, Lusting, lusts. To have an intense or obsessive desire, especially one that is sexual. Sex in the City

  12. And, Then Again • Prurient adj. 1. Inordinately interested in matters of sex; lascivious. 2. A. Characterized by an inordinate interest in sex. B. Arousing or appealing to an inordinate interest in sex. ---prurience or pruriency n. –prureintly adv. • Lascivious adj. 1. Given to or expressing lust; lecherous. 2. Exciting sexual desires; salacious. ---lasciviously adv. ---lasciviousness n. • Salacious adj. 1. Appealing to or stimulating sexual desire; lascivious. 2. Lustful; bawdy. –salaciously adv. –salaciousness or salacity n. Sex in the City

  13. Sex Business • …is big business • Probably at least 15 percent of all video rentals Sex in the City

  14. Sex Business • Has LEAD technological revolution • VCRs • Including ultimate victory by VHS format • Movement of graphics on Internet Sex in the City

  15. Sex Business • Spread of hard-core • Check your hotel room movies • Look for HIGH SOCIETY in airport newsstands • Easily available on Internet • Moved to the Interstate Sex in the City

  16. The Tasks • Review ordinances in other jurisdictions • Conduct site visits • Conduct interviews with residents and businesses (professional research co.) • Draft revisions to the zoning and licensing codes Sex in the City

  17. Survey of Other Jurisdictions …(2) • No differentiation by use … “one-size-fits-all” • Allowed adult uses by right in commercial and industrial zones • Several communities only in CBD • Distance … most used straight line Sex in the City

  18. Site Visits … Knowing the Subject • Understanding the operations • Meeting the owners/managers • Top times for business • Weekdays and weekends … Lunch hours • Weekday & weekends … AFTER 8 pm Sex in the City

  19. Businesses with less than … • Local Video Stores …backroom operations? Sex in the City

  20. Business with less than … (2) • Lingerie shops … Victoria Secret never thought about some of this lingerie! Sex in the City

  21. Business with less than … (3) • Novelties … ”marital aides” Sex in the City

  22. Business with less than … (4) • Sex devices … contended “not obscene if of medical or social redeeming value” Sex in the City

  23. Video Viewing Booths … • Visiting the booths Sex in the City

  24. Visiting the Video Booths …(2) Sex in the City

  25. Visiting Video Booths … (3) Sex in the City

  26. Video Booths vs. “Media Rooms” • Seats for 11 or more Sex in the City

  27. Adult Theaters (2) • Structure is the “medium” Sex in the City

  28. Kansas City’s Only CX Zone • KC paid relocation costs … Sex in the City

  29. Live Entertainment • Sometimes a mixture of live shows and video movies Sex in the City

  30. And, The Opposition • Public opinion … Sex in the City

  31. Land Use Classifications Conditional Book/Video/News Rules 10—50% sexually oriented content Must be physically separated by opaque wall Must have management-controlled access to sex materials Zoning Sex in the City

  32. Problematic Uses • Nude dancing • Supreme Court now says clearly that generally applicable anti-nudity ordinances OK Sex in the City

  33. Hybrid Uses Sex in the City

  34. Problematic Uses • Nude “dancing” in a booth (box) • Typically demonstrations of how to use sex toys • Ban by setting minimum floor area for live performances Sex in the City

  35. VIDEOS AND MORE VIDEOS Sex in the City

  36. Cincinnati/Kansas City Model Puts DUTY on licensee to monitor premises and PREVENT specific activities No CRIMINAL penalties without knowledge, but can get points against license when prohibited activities occur Licensing Sex in the City

  37. Licensing • Also license managers and entertainers • Require license of manager-on-duty to be posted (or have point penalty) Sex in the City

  38. Denver – Sapp Brothers Tank Sex in the City

  39. Other Side of the Tank Sex in the City

  40. And Variation Sex in the City

  41. The Bottom Line • The expression of an idea cannot be suppressed simply because society finds the idea to be offensive a disagreeable. The First Amendment was not created to make us feel comfortable.” Sex in the City

  42. Probably – The Best Way Is Social Pressure Sex in the City

  43. Obscenity v Suppression • The test for determining whether speech or expression can be labeled obscene, in which case it is not protected by the First Amendment to the United States Constitution and can be prohibited. Sex in the City

  44. The Miller Test • Whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest, • Whether the work depicts/describes, in a patently offensive way, sexual conduct or excretory functions [2] specifically defined by applicable state law, • Whether the work, taken as a whole, lacks serious literary, artistic, political, and scientific value. Sex in the City

  45. Young v American Mini Theaters • First amendment • Obscenity • Speech • Protected activity • Combat Zoning Sex in the City

  46. The Controversy • Detroit passed a “dispersion” or reverse combat zone concept to control the spread of “adult” businesses. The regulation prohibits adult theatres from locating within 1,000 ft. of any two such uses or within 500 ft. of a residential area. Sex in the City

  47. Regulated “Adult Uses” Include • Adult Theaters • Adult Book Stores • Certain Bars • Certain Hotels (Rent by Hour) • Cabarets Sex in the City

  48. The Underlying Question • The classification of a theater as "adult" is expressly predicated on the character of the motion pictures which it exhibits • If the theater is used to present "material distinguished or characterized by an emphasis on matter depicting, describing or relating to `Specified Sexual Activities' or `Specified Anatomical Areas, it is an adult establishment. Sex in the City

  49. Court of Appeals Reverses • The Court of Appeals reversed • The majority opinion concluded that the ordinances imposed a prior restraint on constitutionally protected communication and therefore "merely establishing that they were designed to serve a compelling public interest" provided an insufficient justification for a classification of motion picture theaters on the basis of the content of the materials they purvey to the public. Sex in the City

  50. Court Applies The O’Brien Test • Is the action within the power of government • If it furthers an important or substantial govt. interest • Governmental interest is unrelated to the suppression of free expression • The incidental restriction on alleged 1 ST amendment freedoms is no greater than is essential to the furtherance of the interest. Sex in the City

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