For
months now, the author of this letter has been
warning the industry that the OLCC and other authorities
have decided to up the ante with respect to their
enforcement of liquor laws against nude dancing
establishments.
Recently,
several clubs have been cited for "lewd" activity;
many others have been threatened with citations.
The real question is, "What is lewd?" Unfortunately,
this is a question that cannot be answered. The
Stars Cabaret lawyers, who fought vigorously against
OLCC's interpretations, still cannot tell us what
is "lewd."
By
the time this letter is printed, the Association
of Clubs Executives (ACE Oregon) will have
taken the initiative to demand clarification as
to the enforceability of the OLCC's interpretation
of lewd activity. ACE Oregon is a plaintiff seeking
an injunction to prevent enforcement of these
vague rules until the Oregon Supreme Court hears
and decides two important cases this fall.
On
its agenda, the Supreme Court will hear arguments
overturning two Oregon Court of Appeals decisions.
The first case, Ciancanelli, will decide
whether an entertainer, club manager and club
owner can be charged with a Class C felony if
an entertainer touches her own breasts, buttocks
or genitals. The second case, Duforth (or
also referred to as the City of Nyssa), will determine
whether cities can impose arbitrary rules imposes
on club operations, such as distance to patrons,
common tip jars, lighting, hours of operation,
clothing and anything else a politician can argue
that serves the interest of the community.
It
would seem reasonable that an injunction be granted
against the OLCC enforcement until the Supreme
Court rules. But, some may argue, that these are
not reasonable times. If the injunction efforts
fail, the real battle still looms at the Supreme
Court.
ACE
Oregon is involved in all these efforts. ACE has
filed briefs in support of the prevailing interpretation
of the state constitution, which gives broad protection
to freedom of expression. ACE is supporting the
reversal of both Court of Appeals decisions.
Even
if ACE prevails with the aforementioned injunction,
or the Supreme Court rules favorably on the issues
before it, the battle is surely to continue. On
the horizon, many other issues are sure to arise.
Not to be forgotten, of course, is that ardent
nude dancing industry foe, Portland Mayor Vera
Katz is possibly facing a re-election bid against
another industry-hater, City Councilor Jim Francesconi.
At the same time, look for Governor wanna-be Kevin
Mannix to make another strong bid the state's
top job.
Life
is never dull in our business, for sure. But the
prosperity of the industry can only be assured
when all of us work together. ACE is our best
shot at uniting, and fighting the common battle.
Strength in numbers! Get involved.
Randy
Kaiser
ACE
Member
ACE MEETING
FOR JULY
TUESDAY
JULY 8, 4PM @ DANTE'S * 1 SW 3RD AVE. * DOWNTOWN
* 503-226-6630
( ACE
MEETING IS ALWAYS THE 2ND TUESDAY OF EACH MONTH
)
Come
meet our attorneys and get your questions answered
on legal situations BEFORE problems occur.
All
members should send a representative to each
meeting.
ACE
COCKTAIL SOCIAL TO FOLLOW AT 5PM
