Construction of Open Booth Ordinances (LAW)

Posted on August 19, 2013, in Pornography Laws, Research

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The existence in various “adult” bookstores of a back room with contiguous booths for the viewing through a glass of a female in a sexually explicit performance or for the use of coin operated peep-show video machines showing explicit sexual activities caused various communities throughout the United States to recognize that such activity led to masturbation and unsanitary booths that were a factor in the actual or potential spread of infectious sexual diseases. This possibility was exponentially increased by the existence of so called “glory holes” between booths for the purpose of having anonymous sex activity with the patron of the adjoining booth. Various communities were understandably concerned with the actual or potential spread of AIDS from such activities not only to patrons, but also to the general population. Such concern led municipalities to create so called “open booth” ordinances to enable the police to observe illegal “public” sexual activity and to enforce the laws against the same. It is no exaggeration to state that, where properly drawn as content-neutral legislation, such laws have almost uniformly been upheld.


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