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Phoenixandnika -> RE: General BDSM by-law question (9/15/2006 9:29:36 AM)
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quote:
ORIGINAL: DomJen
Is it illegal in the states ( Besides Navada lol) to open a BDSM club for domination, dancing and humiliation only? If it is not illegal, I would love to open a BDSM business in Iowa.
~Mistress Jen~
I would suggest looking into State and county regulations regarding ordinances regulationg "adult entertainment clubs" as well as local and state laws regulationg activities in bars or clubs that serve alcohol(if you will be serving alcohol).
Below I listed some of the court finding regarding adult enterainment clubs.
In early decisions, courts granted city officials braod discretion to prevent expressive activity within their communities.The problem is that this discretion allows individuals to determine what is lewd or indecent.
1953 Adams Theater Co Vs. Keenan : “The standard ‘lewd and indecent’ is amorphous. … There is ever present, too, the danger that censorship upon that ground is merely the expression of the censor’s own highly subjective view of morality unreasonably deviating from common notions of what is lewd and indecent, or may be a screen for reasons unrelated to moral standards.”
In that decision, it was ruled that city officials had violated the First Amendment by denying a theatre licents to someone.
In the 1960, courts began to recognize that nude dancing was a form of expressive conduct protected by the First Amendment.
1968 In re Giannini, California Supreme Court ruled that that nude dancing was “potentially a form of communication protected against state intrusion by the guarantees of the First
1972 California vs LaRue - in regards to nude dancing being protected by the First Amendment
1975 Doran vs Salem Inn - The case grew out of an ordinance passed by the town of North Hempstead, N.Y., that prohibited waitresses, barmaids and entertainers from exposing their breasts in public
1981 Schad vs Borough of Mount Ephriam -The town of Mount Ephraim, N.J., had passed an ordinance prohibiting all live entertainment within its borders.
1991- Barnes vs Glen Theatre Inc. -concerned an Indiana law that criminalized public nudity and required dancers to wear G-strings and pasties.
1999- J.L Spoons, Inc Vs O'Connar - in regards to an Ohion law that read “improper conduct of any kind, type or character that would offend the public’s sense of decency, sobriety or good order.”
1999- City of Erie vs Papa's A.M. -Whether a city ordinance that prohibited nude appearances in public and required the use of G-strings and pasties in nude dancing establishments violated the First Amendment.
I would also suggest you read Roth vs United States, in regards to community standards regarding obscenity.
There are many more cases regarding "adult entertainment clubs" both locally and within our Supreme Courts. Seeking out the aid of a local attorney would not be a bad idea. These cases are often hard to read and understand. If you are in a small community I would perhaps look to opening such a club in a larger city where the local laws in regards to adult entertainment clubs are little more lax. Also remember even if you are allowed to open, local political and religious groups can and may make your life there a living hell.
I wish you luck in this venture either way.
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