Oregon S.Ct. Finds Live Adult Shows and Dancing Protected Expression
by Last Night in Little Rock
The Oregon Supreme Court held yesterday that its State Constitution protects live adult entertainment shows and dancing, also voiding a 4' limitation. City of Nyssa v. Dulforth.
However, this court today has rejected the Court of Appeals' Ciancanelli decision, including its conclusion that there is a well-established historical exception within the meaning of the Robertson framework for laws regulating live public shows involving displays of nudity and sexuality. Ciancanelli, ___ Or at ___ (slip of at 58-59). The city does not suggest any other basis for finding the present law to fall within a historical exception to the prohibition of Article I, section 8, and we find none.
In summary, we conclude that Nyssa City Code, section 5.10.130(17), is a law that is directed by its terms and in its actual focus on restraining a particular variety of expression, and that it does not fall within any well-established historical exception to the prohibition against such laws in Article I, section 8. It is unconstitutional on its face. Accordingly, defendants' convictions for violating the ordinance must be reversed.
A blue state, with medical marijuana, a right to physician assisted suicide, and live adult entertainment shows. Oregon has more to offer than just that. When I'm broken down and need relief, ship me to Oregon.
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