Legal status of striptease

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The legal status of striptease varies considerably among different countries and the various jurisdictions of the United States. Striptease is considered a form of public nudity and subject to changing legal and cultural attitudes on moral and decency grounds. Some countries do not have any restrictions on performances of striptease. In some countries, public nudity is outlawed directly, while in other countries it may be suppressed or regulated indirectly through devices such as restrictions on venues through planning laws, or licensing regulations, or liquor licensing and other restrictions.

Contents

National issues

Canada

There have been annual attempts to amend the Canadian Immigration and Refugee Protection Act (IRPA), passed in 2001. The 2009 version of the bill (Bill C-45: An Act to amend the Immigration and Refugee Protection Act) had specific provisions related to tightening the issuance of Exotic Dancer Visas as a means to combat human trafficking. [1] In addition to Canada, the Irish and Japanese governments had at one time special visa categories for 'entertainers' which enabled the trafficking of women for strip clubs and prostitution. [2]

Cyprus

The former immigration chief in Cyprus was found guilty in 2001 of accepting bribes to issue work permits to foreign women (from Ukraine) who worked as strippers in clubs, some of whom were forced into prostitution. [3]

Iceland

In March 2010, Iceland outlawed striptease under a law made by the Icelandic Parliament (Alþingi). [4] It is now an offence for any business to profit from the nudity of its employees. No other European country has subsequently implemented a strip club ban. Strip clubs and nudity among their employees remains legal in most of Europe. [5]

Around 15 strip clubs had been operating in Iceland in the late 1990s and early 2000s, mostly in and around Reykjavík, and stripping was a multimillion-dollar business. [6] At that time nude dancing was regulated and stripping was generally considered to be illegal, although a small number of clubs had been given a legal exemption to feature striptease. Those exemptions were rescinded when the ban officially took effect on 31 July 2010 [5] [7] and Iceland's strip clubs all closed. A few "champagne clubs" subsequently opened in an old strip club district, providing a private area in the back where clients could purchase private time with a female worker. In 2015, a women's crisis center, Stígamót, campaigned against these clubs and accused them of trafficking and prostitution. The clubs were subsequently raided by the police and closed. [8] [9]

Siv Friðleifsdóttir of the Progressive Party was the first presenter of the bill. [7] Kolbrún Halldórsdóttir, the politician behind the bill, was concerned about alleged links with drugs and prostitution. She was also of the opinion that strip clubs violated women's rights. [6] She said: "It is not acceptable that women or people in general are a product to be sold". Jóhanna Sigurðardóttir, then Iceland's Prime Minister, said: "The Nordic countries are leading the way on women's equality, recognizing women as equal citizens rather than commodities for sale". [10] Another politician, Steinunn Valdís Óskarsdóttir, spoke in support of the ban, saying: "Women who work at strip clubs are in many cases the victims of human trafficking and other kinds of abuse" and "I have been working in this field for almost 15 years and not yet have I met one woman who dances at strip clubs because she wants to". Club operators dispute the notion that strippers are unwilling victims. They argue that Icelandic police have found no evidence of organised crime or prostitution at their clubs. [5]

The decision to pass the law was seen as a victory for anti-pornography feminists, [11] and criticized by sex-positive feminists. [12] In 2015 Stígamót made a presentation on the results of their activities in Iceland at a sideline event of the U.N. Commission on the Status of Women. [9]

United Kingdom

In the 1930s, when the Windmill Theatre, London, began to present nude shows, British law prohibited performers moving whilst in a state of nudity. [13] To get around that rule, models appeared naked in stationary tableaux vivants. To keep within the law, sometimes devices were used which rotated the models without them moving themselves. Fan dances were another device used to keep performances within the law. These allowed a naked dancer's body to be concealed by her fans or those of her attendants, until the end of an act, when she posed naked for a brief interval whilst standing stock still, and the lights went out or the curtain dropped to allow her to leave the stage. The Lord Chamberlain's rules prohibiting moving nude dancers did not apply to private members club, a loophole exploited by the “Raymond Revuebar” in Soho, London at the start of the 1960s. [14] Changes in the law in that decade brought about a boom of strip clubs in Soho, with "fully nude" dancing and audience participation. [15]

A 2003 United Kingdom study reported statistics which said that in the London Borough of Camden the number of rapes increased by 50% and indecent assaults by 57% after four lap dancing venues opened. According to the Lilith Report on Lap Dancing and Striptease in the Borough of Camden, these statistics were calculated from information published by the Metropolitan police relating to the years 1998-99 and 2001–02. The percentages however were incorrectly calculated and Metropolitan police provided the UK Guardian newspaper with the following figures: 72 rapes and 162 indecent assaults in the borough in 1998–99, and 96 rapes and 251 indecent assaults in 2001–02; a 33% increase in rape and a 55% increase in indecent assault. [16] The overall crime rate decreased over the same period. [17] However, in 2011 Brooke Magnanti published a statistical re-analysis criticizing the Lilith report for its lack of incidence rate calculation, lack of control population, and using results from too short of a time period. [18]

The authors of Government Regulation of "Adult" Businesses Through Zoning and Anti-Nudity Ordinances: Debunking the Legal Myth of Negative Secondary Effects, a meta-analysis of 110 studies looking at the impact of strip clubs and other adult businesses, have concluded that the studies that favored prohibiting exotic dancing suffered from research flaws, and that in the papers that did not contain fatal flaws, there was no correlation between adult-oriented business and any crime. [19] Ethnographic work also supports the conclusion that there is no relationship between adult entertainment and crime. [20]

Jacqui Smith introduced the Policing and Crime Act 2009 into the British House of Commons. Smith, Jacqui (crop).jpg
Jacqui Smith introduced the Policing and Crime Act 2009 into the British House of Commons.

During the 21st century the legislative trend in the UK has been toward a more conservative treatment of striptease, in contrast to many areas in Europe and the US which have more liberal sexual attitudes. In 2009, the United Kingdom passed the Policing and Crime Act following government concerns about an increase in the number of striptease venues in the country. The act defines "sexual entertainment venues" as those venues in England & Wales (and later Scotland) which have been licensed for the performance of nudity for profit where the primary intention of the entertainment is sexual gratification or titillation. [21] Most of the venues licensed in this way are lap dance or gentleman's clubs specialising in female striptease for an assumed male audience, but some offer more general sexual entertainment, burlesque, or male striptease. Any strip club where live entertainment takes place more than 11 times a year must now apply for a license from its local authorities. [22] Such clubs are routinely opposed by those who feel that these 'lower the tone' of particular neighbourhoods, and the introduction of licensing legislation under the 2009 Policing and Crime Act (in England and Wales) and the 2015 Air Weapons and Licensing Act (Scotland) has reduced the number of relevant premises to fewer than 200 across the UK, significantly down on the 350 or so existing in the early 2000s. [23] The reasons for licence refusal vary, but usually it is on grounds of the club being in an inappropriate locality. [24]

The London Borough of Hackney council used the Act to introduce a "nil" policy on adult entertainment in early 2011. However, the council's own consultation found that over 75% of the people in Shoreditch (where most of Hackney's existing clubs were located) opposed the ban. Police noted that crime and antisocial behaviour around the existing clubs was extremely low compared to late-night bars. Trade unions estimated that up to 450 jobs could be lost and the TUC argued that dancers who worked in the existing establishments should be better protected instead. [25]

United States

Many U.S. jurisdictions have various laws related to striptease, public nudity and related issues. For example, the "six foot rule" in some jurisdictions requires strippers to maintain a six-foot distance from customers while performing topless or nude. [26] This rule does not apply when in a bikini or other work outfit, but is indicative of the level of scrutiny prevailing in some jurisdictions on dancer-customer interaction. Other rules forbid "full nudity". In some parts of the United States, laws forbid exposure of female nipples, but does not apply if a stripper wears pasties. [27] [28]

Social attitudes

A relatively liberal social climate keeps many jurisdictions in the United States from passing stricter legislation against strip clubs, or from enforcing it fully. However, in recent years, many cities, such as New York City and San Francisco, have enacted ordinances prohibiting "adult entertainment" businesses from within a certain distance of houses, schools and churches, and perhaps each other. Often, a distance of nearly half-a-mile is stipulated, which ensure that new strip clubs can not open in many major cities. Courts have generally upheld these zoning laws.

Decency regulations

Many United States jurisdictions have laws pertaining to striptease or public nudity. In some parts of the United States, laws forbid exposure of female nipples, but does not apply if a stripper wears pasties. [27] In early 2010, the city of Detroit banned fully exposed breasts in its strip clubs, following the example of Houston which began enforcing a similar ordinance of 2008. [29] The city council has since softened the rules eliminating the requirement for pasties [30] but kept other restrictions.

Topless and fully nude clubs

In several parts of the United States, local laws classify strip clubs as either topless or all/fully nude. Dancers in topless clubs can expose their breasts, but not their genitals. Topless dancers typically perform in a G-string and, depending on local laws, may be required to wear pasties covering their nipples. Fully nude clubs may be subject to additional requirements such as restrictions on alcohol sales or no-touch rules between customers and dancers. [31]

To get around these rules two "separate" bars—one topless and one fully nude—may open adjacent to one another. In a small number of states and jurisdictions, where it is legal for alcohol to be consumed but not for alcohol to be sold, some clubs allow customers to bring their own beverages. These are known as BYOB clubs.

Independent contractors

In the U.S., striptease dancers are generally classified as independent contractors. While a few smaller strip clubs may pay a weekly wage, for the most part all of a dancer's income is derived from tips and other fees they collect from customers. In most clubs, dancers have to pay a "stage fee" or "house fee" to work a given shift. In addition, most clubs take a percentage of each private dance. It is customary—and often required in the United States—for dancers to also pay a "tip out", which is money (either a set fee or a percentage of money earned) paid to staff members of clubs, such as DJs, house moms, make-up artists, servers, bartenders, and bouncers, at the end of their shift. [32]

Touching of strippers

In many states it is illegal for customers to touch strippers. However, some dancers and some clubs condone the touching of dancers during private dances. This touching often includes the fondling of breasts, buttocks, and in rare cases, vulvae. In some locales, dancers may give a customer a "lap dance", whereby the dancer grinds against a fully clothed customer's crotch in an attempt to arouse them.

One of the more specific and strict local ordinances is San Diego Municipal Code 33.3610, [33] created in response to allegations of corruption among local officials [34] involving contacts in the nude entertainment industry. Among its provisions is the "six foot rule", copied by other municipalities, which requires that dancers maintain a six-foot (1.8 m) distance from customers while performing topless or nude. The rule is not in effect when dancers are wearing bikinis or other work outfits. The existence of this rule is indicative of the level of scrutiny of dancer-customer interaction prevailing in some locations.

Status of underage dancers

In July 2009, it was discovered that, in addition to not having a prostitution law (prostitution in Rhode Island was outlawed in 2009), Rhode Island also does not have a law to stop underage girls from being exotic dancers. [35] The Mayor of Providence, David Cicilline signed an executive order, effective July 31, prohibiting the city Board of Licenses from issuing adult entertainment licenses to establishments that employ minors. [36] The club owners also made a pledge to not employ underage girls. [37]

Court cases

In 1991, the U.S. Supreme Court ruled in Barnes v. Glen Theatre, Inc. that nudity in itself is not "expressive conduct" (or "symbolic speech") entitled to free speech protection of the First Amendment. [38] It also ruled that topless or nude dancing may be expressive but that a state may nevertheless outlaw public nudity (i.e., not the dance itself) on the basis of furthering public's interest in maintaining morality and order.

In 2000, the Supreme Court reaffirmed its finding in Erie v. Pap's A. M. ruling that nude dancing was expressive conduct "marginally" protected by the First Amendment, but that it could be regulated to limit the "secondary effects", such as crime. [39]

Prostitution in strip clubs

Rules governing strip clubs and the overall adult entertainment industry vary around the world, and formats sometimes are combined under a single roof or complex. For example, in Bangkok, Thailand, the Nana Entertainment Plaza is a large four-floor compound with over 40 bars. Most of the bars are go-go bars where girls dance in various stages of nudity. They are not formal brothels, since customers must negotiate with the female workers for services up to and including sex without an intermediary. [40] The Zona Norte red light district in Tijuana, Mexico has a number of legal brothels which are modeled on strip clubs and feature U.S.-style striptease performed by its prostitutes. Zurich, Switzerland also has legalized prostitution, and its strip clubs throughout the city offer sex among their services. Differing from Zurich brothels, sex services in the strip clubs are typically performed off site. [41] Eastern European strip clubs have a similar model. [42] A "sex zone" in Tokyo, Japan which is only 0.34 square kilometers had approximately 3,500 sex facilities as of 1999. These included strip theaters, peep shows, "soaplands," "lover's banks," porno shops, telephone clubs, karaoke bars, clubs and more all offering adult entertainment services. [43] Filipino red light districts contain go-go bars and strip clubs tightly concentrated with other types of businesses and each other similar to the U.S.[ citation needed ] In Dubai, a city governed by very strict cultural norms and laws, there are several Indian strip clubs offering at least partial-nudity. [44] Newspaper reports [45] [46] indicate that customers can occasionally purchase sex in some American strip clubs. Both the U.S. municipalities of Detroit, Michigan and Houston, Texas were reputed to have rampant occurrences of illicit activity including prostitution linked to its striptease establishments [47] [48] within their city limits. Prostitution is illegal in all states except in some rural counties in Nevada. Prostitution in Rhode Island was outlawed in 2009.

See also

Related Research Articles

<span class="mw-page-title-main">Striptease</span> Erotic dance

A striptease is an erotic or exotic dance in which the performer gradually undresses, either partly or completely, in a seductive and sexually suggestive manner. The person who performs a striptease is commonly known as a "stripper" or an "exotic" or "burlesque" dancer.

<span class="mw-page-title-main">Sex show</span> Live performance of sexual activity

A sex show is a form of live performance that features one or more performers engaging in some form of sexual activity on stage for the entertainment or sexual gratification of spectators. Performers are paid either by the spectators or by the organisers of the show.

<span class="mw-page-title-main">Stripper</span> Striptease performer

A stripper or exotic dancer is a person whose occupation involves performing striptease in a public adult entertainment venue such as a strip club. At times, a stripper may be hired to perform at private events.

<span class="mw-page-title-main">Lap dance</span> Type of erotic dance

A lap dance is a type of erotic dance performance offered in many strip clubs in which the dancer typically has body contact with a seated patron. Lap dancing is different from table dancing, in which the dancer is close to a seated patron, but without body contact. Variant terms include couch dance, which is a lap dance where the customer is seated on a couch.

<span class="mw-page-title-main">G-string</span> Garment consisting of a strip of cloth between the legs

A G-string is a garment consisting of a narrow piece of material that barely covers the genitals, a string-like piece that passes between the buttocks, and a very thin waistband around the hips. There are designs for both women and men. Men's G-strings are similar to women's but have a front pouch that covers the genitals. G-strings are typically worn as underwear or swimwear or as part of the costume of an exotic dancer.

<span class="mw-page-title-main">Erotic dance</span> Dance meant to provide erotic entertainment or elicit erotic or sexual thoughts

An erotic dance is a dance that provides erotic entertainment with the objective to erotically stimulate or sexually arouse viewers. Erotic dance is one of several major dance categories based on purpose, such as ceremonial, competitive, performance and social dance.

<span class="mw-page-title-main">Toplessness</span> Having a womans torso exposed above the waist

Toplessness refers to the state in which a woman's breasts, including her areolas and nipples, are exposed, especially in a public place or in a visual medium. The male equivalent is known as barechestedness.

<span class="mw-page-title-main">Strip club</span> Sexual entertainment venue

A strip club is a venue where strippers provide adult entertainment, predominantly in the form of striptease or other erotic dances. Strip clubs typically adopt a nightclub or bar style, and can also adopt a theatre or cabaret-style. American-style strip clubs began to appear outside North America after World War II, arriving in Asia in the late 1980s and Europe in 1978, where they competed against the local English and French styles of striptease and erotic performances.

<span class="mw-page-title-main">Go-go bar</span> Type of nightclub

A go-go bar is a type of business establishment where alcoholic drink is sold and dancers provide entertainment. The term go-go bar originally referred to a nightclub, bar, or similar establishment that featured go-go dancers; while some go-go bars in that original sense still exist, the link between its present uses and that original meaning is often more tenuous and regional. Speaking broadly, the term has been used by venues that cover a wide range of businesses, from nightclubs or discotheques, where dancers are essentially there to set the mood, to what are in essence burlesque theaters or strip clubs, where dancers are part of a show and the primary focus.

<span class="mw-page-title-main">Pasties</span> Adhesive patches worn to cover the nipples and areolae

Pasties are patches that cover a person's nipples and areolae, typically self-adhesive or affixed with adhesive. They are usually worn in pairs. They originated as part of burlesque shows, allowing dancers to perform fully topless without exposing the nipples in order to provide a commercial form of bare-breasted entertainment. Pasties are also, at times, used while sunbathing, worn by strippers and showgirls, or as a form of protest during women's rights events such as Go Topless Day. In some cases this is to avoid potential prosecution under indecency laws.

<span class="mw-page-title-main">Mitchell Brothers O'Farrell Theatre</span> Former San Francisco strip club (1969–2000)

The Mitchell Brothers O'Farrell Theatre was a strip club at 895 O'Farrell Street near San Francisco's Tenderloin neighborhood. Having opened as an X-rated movie theater by Jim and Artie Mitchell on July 4, 1969, the O'Farrell was one of America's most notorious adult-entertainment establishments. By 1980, the nightspot had popularized close-contact lap dancing, which would become the norm in strip clubs nationwide. Journalist Hunter S. Thompson, a longtime friend of the Mitchells and frequent visitor at the club, went there frequently during the summer of 1985 as part of his research for a possible book on pornography. Thompson called the O'Farrell "the Carnegie Hall of public sex in America" and Playboy magazine praised it as "the place to go in San Francisco!"

Prostitution in Iceland is thriving despite paying for sex being illegal.

<span class="mw-page-title-main">Neo-burlesque</span> Performing arts genre

Neo-burlesque, or new burlesque, is the revival and updating of the traditional American burlesque performance. Though based on the traditional burlesque art, the new form encompasses a wider range of performance styles; neo-burlesque can include anything ranging from classic striptease to modern dance to theatrical mini-dramas to comedic mayhem.

Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), was a landmark decision of the U.S. Supreme Court concerning the First Amendment and the ability of the government to outlaw certain forms of expressive conduct. It ruled that the state has the constitutional authority to ban public nudity, even as part of expressive conduct such as dancing, because it furthers a substantial government interest in protecting the morality and order of society. This case is perhaps best summarized by a sentence in Justice Souter's concurring opinion, which is often paraphrased as "Nudity itself is not inherently expressive conduct."

<span class="mw-page-title-main">Condor Club</span> Strip club in San Francisco, California

The Condor Club nightclub is a striptease bar or topless bar in the North Beach section of San Francisco, California The club became famous in 1964 as the first fully topless nightclub in America, featuring the dancer Carol Doda wearing a monokini.

The Adult Entertainment Association of Canada is a coalition of strip club owners and their agents that represents 53 of the 140 strip clubs in Ontario, Canada. Tim Lambrinos is the organization's director.

<span class="mw-page-title-main">Mary's Club</span> Strip club in Portland, Oregon, U.S.

Mary's Club is the oldest strip club in Portland, Oregon, and among the oldest in the United States. In 1954, Roy Keller bought the business from Mary Duerst Hemming, who owned and operated Mary's as a piano bar beginning in the 1930s. Keller initially hired go-go dancers as entertainment during the piano player's breaks, later hiring them full-time because of their popularity. Topless dancers wearing pasties were introduced in 1955. The club also featured comics, musicians, singers and other acts. All-nude dancing began in 1985, after a judicial ruling against City of Portland ordinances banning it in venues which served alcohol.

The Carriage Room was a strip club in Portland, Oregon, in the United States. The bar and restaurant closed in 1988.

Nudity in live performance, such as dance, theatre, and performance art, include the unclothed body either for realism or symbolic meaning. Nudity on stage has become generally accepted in Western cultures beginning in the 20th century.

References

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  26. ↑ For example, San Diego Municipal Code 33.3610
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