Nice that you still jump to conclusions despite everyone involved telling you you're wrong.
The law in question had various subparts addressing conduct for patrons, and separate conduct for performers. The argument that because the description for patrons does not make the distinction for "regular" vs "non-regular" strippers does not mean that there is not such distinction in the other provision. It written right there.
You can't argue the inverse: that the exception for patrons (that they can touch nude strippers if they're a family member) somehow applies to the other provision. But that would be nonsensical. Why? Because the two provisions contain different language and are clearly addressing different people and conduct.
At best, you have a poorly drafted law, but the correct decision of the court would not be to charge someone of a crime that the plain language of the bill exempts them from. The correction should come from the legislature, if they really feel they made a mistake in the drafting.
The bottom line is that this retarded law clearly requires the accused to have been a "regular." Daniels was not. There's not way that you're going to land a conviction there and have it survive appeal on the grounds of legislative intent that cuts in the opposite direction of the language used. To suggest otherwise is just plain retarded.
Bruh, I made up my mind on my own, based upon my review of the law. I could be wrong, but you haven’t rebutted my argument, and you’re never going to convince me of anything by bandwagon appealing to “everyone involved.” If you want a second opinion, I’d suggest
@alanb, because he’s an experienced appellate attorney.
Alan, compare
12 O.R.C. §§ 2907.40(C)(2) and 2907.40(C)(1). Stormy Daniels got arrested under subsection (C)(2) for touching strip club patrons while dancing nude. However, the City Attorney (probably after talking with Michael Avenatti) dismissed the charge on grounds that Stormy didn’t “regularly appear” at that particular strip club.
Upon reviewing subsection (C)(2), it appears the words “employee who regularly appears nude or semi-nude” are meant to be taken together as a noun phrase describing what normal people call a “stripper.” I think the words “regularly appears” correspond with “nude or seminude,” and not “on the premises.” As a result, § 2907.40(C)(2) prohibits strippers from touching patrons while performing nude or semi-nude. By contrast,
@Darkballs would interpret this section to create an exception for strippers who don’t appear “regularly” at a strip club. That makes no sense to me, and I think it’s probably the wrong interpretation of the statute (I could be wrong, but I doubt it).
My interpretation is supported by the parallel provision contained in § 2907.40(C)(1), which prohibits patrons from ALL touching of ANY nude or semi-nude performer. The world “regularly” appears nowhere. Why would the Ohio legislature make an exception to allow non-“regular” strippers to touch patrons, but categorically prohibit patrons from touching them back? The answer is that subsections (C)(1) and (C)(2) were likely meant as RECIPROCAL provisions, prohibiting BOTH strip club patrons and strippers from touching each other during strip performances.
On top of all that,
the Sixth Circuit analyzed the same statutory scheme and noted that it "prohibits
any performer who is nude or semi-nude from touching or being touched" (the panel included Judge Raymond Kethledge, who was recently considered for SCOTUS). The Court made no mention of an exception for strippers who don’t “regularly appear” at a particular strip club. I think that’s because it was fairly understood that the legislature sought to “prohibit[ ]
any performer who is nude or semi-nude from touching or being touched.”
The upshot of all this is I believe Pastrami Daniels was actually GUILTY, but the Columbus City Attorney (Zach Klein) let her off the hook because he’s anti-Trump, and he didn’t want to prosecute a person so closely associated with “The Resistance.” That’s just my opinion.
What do you think
@alanb ? Was Pastrami Daniels properly exonerated, or is she another GUILTY liberal being given a pass because of her politics?