In United States law, a sexually oriented business (S.O.B.[1]) is a business that is part of the sex industry, such as sites of erotic performance and erotic paraphernalia stores. Often regulations of SOBs enter law as part of zoning regulations by jurisdictions when trying to maintain the character of a particular community and discourage elements of society that may be considered harmful for their connection to the sex industry.[2] Though many regulations of SOBs arguably violate First Amendment rights in the United States, lawmakers will use the secondary effects doctrine—in which restrictions of First Amendment rights are legal if the restrictions can prevent harm to the larger community—to justify regulation of SOBs.[3]
Legal cases
In an opinion deemed by the press as the "world's cheekiest written ruling"[4] and "one of the funniest, most eloquent court documents we've ever seen",[5] district court Judge John Biery articulated the constitutional and practical concerns of regulating certain types of scanty clothing in SOBs in San Antonio in 35 Bar and Grille LLC, et. al. v. The City of San Antonio (2013).
References
- ↑ Biery, Fred (29 April 2013). The Case of The Itsy Bitsy Teeny Weeny Bikini Top v The (More) Itsy Bitsy Teeny Weeny Pastie: Order Concerning Preliminary Injunction (PDF). Texas Western District Court. Retrieved May 5, 2013.
- ↑ Owens, David W. (January 1997). "Regulating Sexually Oriented Businesses". Special Series 15 Planning and Development. University of North Carolina School of Government. Archived from the original on February 22, 2014. Retrieved May 5, 2013.
- ↑ Hudson Jr., David L. (September 13, 2002). "Secondary-effects doctrine". Adult Entertainment. 1st Amendment Center. Retrieved May 5, 2013.
- ↑ Easterman, Daniel (1 May 2013). "The Itsy Bitsy Teeny Weeny Bikini opinion: Texas judge issues world's cheekiest written ruling". The Telegraph (UK). Retrieved 2 May 2013.
- ↑ Stuart, Hunter (April 30, 2013). "Texas Judge's Order Upholding 'Bikini Tops For Strippers' Law Is Completely Hilarious". The Huffington Post.
Further reading
- Edwards, Michelle L. (2010). "Gender, social disorganization theory, and the locations of sexually oriented businesses". Deviant Behavior. 31 (2): 135–158. doi:10.1080/01639620902854852.
- Stern, Ronald M. (1990). "Sex, Lies, and Prior Restraints: Sexually Oriented Business-The New Obscenity". U. Det. L. Rev. 68: 253.
- McDonald, Daniel J. (1997). "Regulating Sexually Oriented Businesses: The Regulatory Uncertainties of a Regime of Prohibition by Indirection and the Obscenity Doctrine's Communal Solution". BYU L. Rev.: 339.
- Calvert, Clay; Richards, Robert D. (2003). "Stripping Away First Amendment Rights: The Legislative Assault on Sexually Oriented Businesses". NYUJ Legis. & Pub. Pol'y. 7: 287.
- Hubbard, Phil; Matthews, Roger; Scoular, Jane (2009). "Legal geographies–controlling sexually oriented businesses: law, licensing, and the geographies of a controversial land use". Urban Geography. 30 (2): 185–205. doi:10.2747/0272-3638.30.2.185.