Virginia Regulatory Town Hall
Agency
Virginia Alcoholic Beverage Control Authority
 
Board
Virginia Alcoholic Beverage Control Board of Directors
 
chapter
Retail Operations [3 VAC 5 ‑ 50]
Action Clarifying and Simplifying Retailer Regulations
Stage Proposed
Comment Period Ended on 10/17/2008
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10/2/08  5:19 pm
Commenter: Shannon Maxey

Do you have the right to decide what art is to me? Have you heard of the 1st Amendment?
 

I find myself wondering what times are we living in to have to defend a protected freedom. The removal of clothes by a dancer is a form of protected expression, in fact the First Amendment protects many forms of controversial expression. A review of basic First Amendment principles and the history of erotic dance shows why the Supreme Court has ruled that regulation of nude dancing triggers First Amendment protections.

The First Amendment protects far more than political speech and other verbal and nonverbal communication that many people may find objectionable. Nude dancing is one such type of expression.

Basic First Amendment principles that relate to nude dancing:

·      The First Amendment protects more than political speech and the expression of lofty ideas.

·      The First Amendment protects not only verbal communication but also certain forms of symbolic or expressive conduct.

·      The First Amendment protects expression that some people may find offensive or disagreeable.

·      The First Amendment protects sexual expression as long as it does not meet the legal definition of obscenity.

The Adult Entertainment industry is the LEADING money making industry in the US. This is an industry that appeals to people from all walks of life. Censorship upon this type of regulation is merely the expression of the censor’s own highly subjective view of morality. You DO NOT have the right to choose for me. I am a successful local businesswoman with a Masters Degree and I assure you that I am capable of choosing for myself what is right and what is wrong. I choose to enter these establishments it is not forced upon me. These establishments are open to adults, not children. I would understand trying to protect a child, but we are adults with the right to choose what type of entertainment we would like to enjoy or participate in. 

?Why is a nipple so offensive and does a pastie really change anything? Does the crease of my butt and breasts really provoke unethical and illegal behavior?  The basis behind these regulations are to prevent illegal drug use, prostitution and sex crimes. The idea that there is a link between sex-related entertainment and the criminal activity popularly associated with it has NEVER been proven and, indeed, has now been largely discredited. If you want to prevent sex crimes and drug use, attack them directly rather than a such a broad attack on First Amendment freedoms.

Topless and even nude dancing are an artistic expression. ABC Does not have the right to tell me what art is? 

CommentID: 2773