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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsStormy Daniels Just Got Arrested, but Did Cops Ignore This Loophole in the Law?
by Ronn Blitzer | 8:41 am, July 12th, 2018
-snip-
Daniels was arrested because the law prohibits not only customers from touching dancers, but dancers from touching customers. According to news reports, Daniels was performing at Sirens in Columbus, Ohio. According to police, several officerssome reports say they were undercover were in attendance, and Daniels touched several of them, including allegedly touching a female officers breasts and buttocks, and putting officers faces between her own breasts.
This may seem like a clear violation of a law that prohibits touching, but the language of the statute may provide a work-around for Daniels. The applicable section of the law, 2907.40 Section (C)(2) states:
No employee who regularly appears nude or seminude on the premises of a sexually oriented business, while on the premises of that sexually oriented business and while nude or seminude, shall knowingly touch a patron who is not a member of the employees immediate family or another employee who is not a member of the employees immediate family or the clothing of a patron who is not a member of the employees immediate family or another employee who is not a member of the employees immediate family or allow a patron who is not a member of the employees immediate family or another employee who is not a member of the employees immediate family to touch the employee or the clothing of the employee.
The key phrase is right at the beginning, and specifies an employee who regularly appears nude or seminude on the premises. If this was a special appearance, it would be hard to argue that she regularly appears there. The statute even goes out of its way to define regularly as consistently or repeatedly.
In an email to Law&Crime, Daniels attorney Michael Avenatti, who has been representing her in lawsuits against President Donald Trump and Michael Cohen, said he also noticed this language in the statute.
I raised this with prosecutors at 7:30 am this morning, Avenatti said.
Since the law is rarely enforced, case law doesnt appear to shed any light on the matter, as far as how courts have interpreted the language. This could be a good chance for Daniels to test it. She currently faces three misdemeanor charges, and posted $6,000 bond Thursday morning. She is scheduled to appear in court on Friday.
https://lawandcrime.com/legal-analysis/stormy-daniels-just-got-arrested-but-did-cops-ignore-this-loophole-in-the-law/
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Stormy Daniels Just Got Arrested, but Did Cops Ignore This Loophole in the Law? (Original Post)
DonViejo
Jul 2018
OP
bdamomma
(63,845 posts)1. I would rather
see tRump being arrested.
ALBliberal
(2,339 posts)2. And she is not an employee of the establishment. NT
Merlot
(9,696 posts)3. Undercover cops and a law that is "rarely enforced"
hmmm, you don't think they were out to get Stormy, do you?
Keefer
(713 posts)4. I would agree, except
"No employee who regularly appears nude or seminude on the premises of a sexually oriented business..."
It doesn't specify that particular premises. It says "a sexually oriented business."
forgotmylogin
(7,528 posts)5. Ohio is weird...
No employee who regularly appears nude or seminude on the premises of a sexually oriented business, while on the premises of that sexually oriented business and while nude or seminude, shall knowingly touch a patron who is not a member of the employees immediate family...
"It's okay officer, that stripper is my sister."
This admin is okay with nonconsensual pussy-grabbing and ball-fondling...unless it's in the context of an erotic show that people paid to get into.........
Also...in Ohio...if you're a family member.
inwiththenew
(972 posts)6. Ohio law enforcement has a real hardon for strip clubs
They been cracking down on them at the behest of the Republican controlled legislature for almost a decade now. Really silly.