Blasphemy, I know!
And yet, in Oregon, I might even be able to utter such a shocking sentiment — in a school zone no less! — and avoid arrest, thanks to a judge who didn’t cave in to the morality police, but instead applied the law and, in doing so, even appealed to the state’s Constitution, rather than fishing around for some civil right that was being violated by the unnaturally close proximity of a pair or two of nipples to an eager human head:
A Marion County judge said lap dances in Salem are protected by the free speech provisions of the Oregon Constitution.Judge Albin Norblad’s ruling struck down a city ban Friday on “prohibited touching” — sexually exciting physical contact for pay.
The case involves 24-year-old Laurel Guillen, a dancer at a Salem club called Cheetah’s, who gave a lap dance to an undercover officer in 2005.
Salem residents hoping to limit Salem strip club activity called the ruling a setback. They said they hope to get a measure on the ballot to amend the state constitution to strengthen local government regulation of strip clubs.
Cheetah’s does not serve alcohol and is open to people 18 and older.
Salem City Attorney Randall Tosh declined comment but said the city would review the ordinance and consider an appeal.
A couple of points: only where judicial activism has become so commonplace that it represents the expedient way to “correct” the legislature, can it be considered a “setback” when a minority interest group is directed to go through proper channels to get the restrictions they wish to foist on the public at large turned into law.
Which is not to say I blame such groups — after all, if you can get a judge with a “social justice” streak to strain Constitutional language to fit your agenda, why not do it? particularly when it is much more difficult to get a ballot initiative passed than it is to have a philosopher king alter the Constitution with a simple interpretive flourish.
In Oregon’s case, the state Constitution requires only a simple majority for amending, following an initiative drive that requires signatures from 8% of voters participating in the previous governor’s election. If the anti-touching crowd wants to take away the right, under the Oregon Constitution, for an adult to offer another adult a provocative, close-proximity chubby coaxing, they should have to ask the voters of the state to agree to the (voluntary) rescinding of that right.
Which, best of luck with that.
(h/t RTO Trainer)
Comment by Dan Collins on 7/3 @ 9:36 am #
Shouldn’t that be “Legalize Lap Dances 4 Jesus,” Jeff?
Comment by Dan Collins on 7/3 @ 9:39 am #
Related:http://michellemalkin.com/2007/06/26/catholic-go-go-dancers/
Comment by mojo on 7/3 @ 9:40 am #
“Albin Norblad”
Hmmm… – “White Blade of the North”? Now I unnerstand!
Comment by Karl on 7/3 @ 9:54 am #
A brief moment from my law school education:
One of the nude dancing cases that ultimately went to the Supremes got there through the Court of Appeals for the Seventh Circuit, which heard the matter en banc (all judges, not just a panel of three). The case produced a variety of opinions, even splitting Justices Easterbrook and Posner (who are generally lumped together — and as wrongly — as Scalia and Thomas). But one Justice (Cudahy, iirc) produced one of my fevorite footnotes ever. In his opinion, he discussed the expressive nature of dance — as did Posner, who referenced Salome. But he then added that in this setting, the free expression was often two-way. There was then a footnote which, at the bottom of the page, read: “E.g., ‘Take it off, Take it off!’”
Comment by B Moe on 7/3 @ 10:01 am #
Lap dances might be speech, but they sure as hell ain’t free.
That is what I have been told, anyways.
Comment by JD on 7/3 @ 10:05 am #
The residents of Oregon ought to have a ballot initiative mandating touching, and making it a felony to give a lap dance that does not involve touching, and the production of wood.
Those places that offer lap dances where the dancer cannot have any contact are engaged in deceptive trade practices. Maybe that administrative law judge in DC with the lost pants should look into this.
Comment by N. O'Brain on 7/3 @ 10:08 am #
“Philosopher king” or lawyer in black robes.
You be the judge.
Comment by Dan Collins on 7/3 @ 10:51 am #
I hear McCain is thinking of using federal matching lap dances, but mostly, since this is a hypermasculinist site, I wanted to say, “Heh. Nipples.”
Comment by Joseph on 7/3 @ 11:17 am #
If they’re not prohibiting “sexually exciting physical contact for pay” then couldn’t your average stripper er … hand out … handjobs for an extra fee? Or is it only prostitution unless there’s an orgasm involved?
What’s the distinction?
Comment by Jeff G. on 7/3 @ 11:39 am #
God, I hope so.
Trackback by Actriz negra madura lagrima negra sobre on 7/4 @ 5:00 am #
Actriz negra madura lagrima negra sobre…
Acaso hay que ser negra y peluda para ser venezolanaaaaaaa? sí, iniciaba como actriz, de hecho murió cuando estaba aún al ini……
Trackback by loyuvoqafucn on 7/27 @ 5:06 pm #
loyuvoqafucn…
nice post…
Trackback by kuxegoruvoxucn on 7/28 @ 1:14 pm #
kuxegoruvoxucn…
nice post…
Trackback by melodixofenacn on 7/30 @ 7:04 am #
melodixofenacn…
nice post…
Trackback by zagebukagetocn on 7/30 @ 9:05 pm #
zagebukagetocn…
nice post…
Trackback by jacabasicn on 7/30 @ 11:51 pm #
jacabasicn…
nice post…
Trackback by tinizetanejacn on 8/1 @ 1:23 am #
tinizetanejacn…
nice post…
Trackback by pokowuneneyuvecn on 8/2 @ 2:39 am #
pokowuneneyuvecn…
nice post…
Trackback by kiripavilocn on 8/3 @ 2:16 am #
kiripavilocn…
nice post…
Comment by Plump-rid on 11/20 @ 7:32 pm #
Thank you for your site. I have found here much useful information…
plump rid
plump plumper chubby
plump pussy
plump plumper
plump shave
Trackback by athletic-shoes.greendaysingshappybirthday.info on 4/30 @ 7:20 am #
nice post :D
nice post :D
Comment by Pablo on 4/30 @ 7:22 am #
Die spambot!
Trackback by botrytis industrial hemp higher thc on 5/21 @ 12:55 am #
trumbull industrial
industrial units midlothian light industrial clinton twp