315T Public Amusement and Entertainment

315TI In General

315Tk4 Constitutional, Statutory and Regulatory Provisions

315Tk9 Sexually Oriented Entertainment

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