West Headnote of the Day – March 15, 2010

March 15, 2010

West's Key 315T Public Amusement and Entertainment
West's Key 315TI In General
West's Key 315Tk4 Constitutional, Statutory and Regulatory Provisions
West's Key 315Tk9 Sexually Oriented Entertainment
West's Key 315Tk9(2) k. Dancing and Other Performances.

Ordinance that made it unlawful for any person to pay or receive fee for touching or offering to touch body of another for purpose of arousing sexual excitement was fatally overbroad under state’s constitutional guarantee of free expression; it imposed criminal sanctions for performing live sex shows which were privileged communication, and it would have subjected Deborah Kerr and Burt Lancaster to prosecution for their paid participation in classic movie scene in “From Here to Eternity” in which they embraced, supine, on a beach, while waves washed over them, since prosecutor could convincingly argue that scene had purpose of arousing viewer’s sexual excitement.
City of Salem v. Lawrow, 233 Or. App. 32 (Or. Ct. App. 2009)

Suggested by Ben Frisch, West Attorney Editor

315T Public Amusement and Entertainment