WA: Federal Judge Ties Up Online Sex-Advertising Law
WIRED: A federal judge pre-emptively blocked a landmark state law that would have required online companies to verify the ages of people in ads offering “adult services,” which range from thinly-veiled ads for prostitution, as well as legal, but kinky services. | Backpage v. McKenna, No. C12-954-RSM (W.D. Wash.)
Licensing provisions are unconstitutional where they fail to require the city to act on applications within a specified period of time
ATL Corp. v. City of Seattle, No. C09-1240RSL, 2010 WL 2836164 (D. Wash. July 19, 2010)
WA Supreme Court: Libraries can block internet porn
Bradburn v. N. Cent. Reg’l Library Dist., No. 82200-0 (Wash. May 6, 2010)
Library’s internet filtering policy is neither prior restraint on free speech nor impermissible content-based restriction on speech.
WA: Oak Harbor moves to regulate nude dancing
Seattle Post-Intelligencer: “The Governmental Services Committee will review the ordinance in draft form Monday, March 9 at 8 a.m. in the City Hall Conference Room, 865 SE Barrington Dr., before it goes to the full council later this month.”
WA: Protestors want crackdown on “nearly nude baristas”
“People angry over nearly nude baristas at some Snohomish County espresso stands promised action during a heated town hall meeting Tuesday night, demanding a stronger response from police and politicians.”
Washington: Bikini-clad baristas charged with prostitution
“Five bikini-clad baristas in Everett, Wash., face prostitution charges after police said that they served up more than just hot coffee at an espresso stand, Q13FOX.com reported. The five women, employed by Everett’s ‘Grab-N-Go’ espresso stand, have been charged with prostitution and violating the city’s Adult Entertainment ordinance, Sergeant Robert Goetz told Q13 FOX News.”
Federal judge rules that police arrests following SOB violations did not restrain “free speech”
In Club 21 LLC v. City of Shoreline, No. C08-0078 MJP (W.D. Wash. April 24, 2009), plaintiffs Club 21 argued that the City of Shoreline’s enforcement of its sexually oriented business ordinance “presented an unconstitutional prior restraint on free speech” because undercover officers, having “observed violations of the four foot rule,” temporarily closed the club and arrested a number of dancers and managers—thereby restraining speech.
WA Supreme Court holds that “one count per possession” is “proper unit of prosecution” in child porn cases
In Washington v. Sutherby, No. 80169-0 (Wash. April 9, 2009), the Washington Supreme Court—agreeing with a Court of Appeals decision—held that “the proper unit of prosecution” for the possession of child pornography is one. Sutherby was originally convicted in a jury trial on, among other things, 10 counts of the possession of child pornography. Investigators had found “several files containing pictures of children engaged in sexually explicit conduct.”
February 2004: Crime risk in the vicinity of a sexually oriented business: A Report to the Centralia, Washington City Attorney’s Office
Richard McCleary: “In sum, the data show that the City has a legitimate public safety rationale for regulating sexually-oriented businesses.”
March 1998: Kansas City, Missouri Adult Use Study Parts 1-4
Adult Use Study: Part 1: Analysis of Ordinances of Twenty Other Local Governments, Part 2: Field Survey and Analysis of Businesses, Part 3: Results of Neighborhood Surveys, Part 4: Concluding Policy Analysis and Recommendations
