Nude Dancing - Art or Lewd Behavior?

**Mr. Mantis** · Posted On: 4/28/2004 11:17am

Do you know it when you see it?

Let's see state's exhibit 1:

"{ 30} EXHIBIT 1 depicts a dancer who was nude most of the time. She did 12 shows mostly consisting of four or five songs per show. During these performances, she pulled the heads of patrons into her bare breasts about 106 separate occasions, usually rubbing and bouncing their faces between her breasts for a while. On most of these occasions, the patrons had paper currency in their mouths, which she removed by squeezing her breasts on the patron's face and the money.

{ 31} She humped her vaginal area on the groins of sitting patrons with her legs over their shoulders, usually while placing her breasts in their faces about six times. She left the stage to place her face in the genital areas of sitting patrons two times.

{ 32} This dancer performed a "ride for five" on a combination of male and female patrons approximately 48 times. In exchange for $5 paid in advance to a bouncer, she lay nude upon patrons on the stage. In the process, she performed various acts of sexual activity and contacts upon patrons. Her usual routine was to rub her breasts on the patrons' faces, then crawl into an inverted position with her vagina on the patrons' faces and her head on the patrons' genital areas.

{ 33} About half the time, she put folded currency on the patrons' faces, squatted on their faces, and somehow picked up the money with the underside of her crotch. During this process, her vagina and lower buttocks made contact with the patrons' faces.

{ 34} There were other miscellaneous sexual contacts between patrons and this nude dancer. One patron sponged her breasts and other parts in a kiddie bath for $5. Another female house dancer patron paid $5 to this performing dancer to have the performing dancer lick whipped cream and cherries off her breasts about five times. There were other sexual contacts that do not fit into any easily defined categories."

And Exhibit 5:

"{ 51} EXHIBIT 5 depicts a dancer who was nude most of the time. She did 16 shows consisting of between four and eight songs per show. During these shows, she pulled the heads of patrons into her bare breasts or pulled their hands into her breasts while they gave her currency on about 154 separate occasions. During most of these times, she held their faces or hands between her breasts for a while. On most of these occasions, during this facial contact with her bare breasts, the patrons held paper currency in their mouths, which she took by squeezing the patron's faces and the money with her breasts.

{ 52} This dancer did not perform "rides for five." Instead, she filled that time slot by a series of vaginal gymnastics. Some constitute sexual activity. Unlike the other activities described herein, no direct payment was made in exchange for the activities described in the next two paragraphs. However, the

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announcers strongly encouraged tipping both before and after these acts, and the patrons responded with payments.

{ 53} This included expelling golf and ping pong balls across the room from inside her vagina, lighting and smoking cigars with her vagina, blowing puffs of cigar smoke from her vagina, extinguishing multiple flaming safety match books from air blown from her vagina, expelling significant volumes of water from her vagina onto patrons, and blowing folded currency placed on her vagina into the air with gases apparently inhaled and then expelled from her vagina.

{ 54} Although it might be argued in the abstract that shooting water from one's vagina onto a patron is not lewd behavior, sexual contact, or sexual activity, on several occasions, it clearly was. After being doused with a large volume of water in the face at point blank range, several of the patrons spit out significant amounts of the water that had entered their mouths in the process.

{ 55} Similarly, although one might argue in the abstract that the lighting and smoking cigars with one's vagina might not be lewd behavior or sexual activity, when the performer sold the cigars after this and the cigars were smoked in her presence, the court concludes that lewd behavior and sexual activity took place. Likewise, it might be argued that propelling ping pong balls and golf balls across the room from inside one's vagina may not be lewd behavior or sexual activity. However, when its announced purpose is for the patrons to catch the balls in their mouths, sexual activity is clearly afoot.

{ 56} In direct exchange for money, she touched the breasts of female patrons with her hands. She unzipped the pants of patrons and felt crotches with her hands. She left the stage and sat on the genital area of patrons while they were seated. On three occasions, she placed her face in the crotches of prone females on stage while she lay on top of them. She pulled up their blouses and bras, rubbed her breasts on their stomachs and breasts, and rubbed her breasts on their faces.

{ 57} Almost every act with this dancer included patrons' playing "cooterball." Patrons tried to make a basket by throwing wadded up currency at a small container located in front of the performer's vagina as she was sitting on stage with her legs spread. If they made a basket, they won a poster as a prize. Patrons shot approximately between eight and 20 cooter-ball tries per act with this performer."

Source: State ex rel. Nasal v. BJS No. 2, Inc., 127 Ohio Misc.2d 101, 2003-Ohio-7323

What are your thoughts? Need more exhibits?

**Dr. Fagbot Q. MacGillicuddy, PhD** · Posted On: 4/28/2004 11:38am

my judo instructor says it's both.

**5FingazofDeath** · Posted On: 4/28/2004 12:07pm

Ummmmm.....I....ummmmm....I think I'm getting a chubbey.
BTW I am a MASTER of cooterball.

**Sam Browning** · Posted On: 4/28/2004 12:34pm

Words fail me . . . but I have decided to complete a proper legal analysis I will need Ronin69's expert guidence and a video tape of said exhibits.

**Kempocos** · Posted On: 4/28/2004 12:43pm

Damn this sounds like the typical going home from a Yankee game activities .............

**WingChun Lawyer** · Posted On: 4/28/2004 2:57pm

Hard working girls. Since they work so hard, it is probably an art. "Lewd behaviour", in my humble opinion, seems to imply that the accused was somehow having fun - which is probably not the case after the fifth golf ball.

Of course, the above should not be construed as legal opinion, merely as a pervert's opinion (with a poor sense of humour).

***WhiteShark*** · Posted On: 4/28/2004 3:21pm

Wow what a talented lass!

**Deluxe247** · Posted On: 4/28/2004 4:58pm

hell yeah, America kicks ass.

**Stick** · Posted On: 4/28/2004 5:11pm

Sugoi!

**Jenfucius** · Posted On: 4/28/2004 9:45pm

i think i know exhibit 1 girl. and i've taught strippers to play cooterball. a stoned black patron who was hanging out with some dude that looked like aries spears from mad tv and who kept calling me "han" (the bad guy from enter the dragon) and asking if i was in the triads taught me the game. i also picked up the finger spin "turn that **** around" move from that guy.