“When I began my research on this topic, I was astonished to discover that there is no requirement in the law that limits obscene performances to adult-only establishments,” Williams said in his proponent testimony to the House Criminal Justice Committee. As such, he noted, strip club owners would theoretically be able to stage their performances outside, potentially in the eyesight of minors, with no criminal punishment available to prosecutors.
“Restricting performances considered obscene and harmful for children to adult cabarets, where the proprietor has a legal obligation to prevent minors from entering, is a simple and effective way of preserving the free speech rights of the performers while also protecting minors from exposure to obscene conduct,” Williams said.
The bill defines “adult cabaret performances” as performances outside an adult cabaret venue that is “harmful to juveniles,” and “provide(s) entertainment that appeals to a prurient interest,” which can include but is not limited to topless dancers, go-go dancers, exotic dancers, strippers, and “performers or entertainers who exhibit a gender identity that is different from the performer’s or entertainer’s gender assigned at birth.”
King, who represents parts of western Ohio, said the bill was spurred by a family friendly event held in a park near her home where a crowd including children watched “skimpy thonged” performers twerk and gyrate on stage, among other things. She called the bill an important piece of legislation “that will give Ohio families a safe place within their communities where they can take their children without fear of their children being exposed to explicit material and performances, they’re not yet mature enough to understand.”
King noted that any public performances that are not obscene or of prurient interests will not be effected by the bill, including a variety of Shakespearian plays that often feature men dressed as women.
The law proposes a span of punishments for entertainers putting on a public performance found to be “of prurient interest” and “harmful to juveniles.” If a juvenile is present, a prosecutor could charge the performers with a first degree misdemeanor; if the performance is found to be obscene, the charge would a fifth degree felony. If a performance is obscene and in the presence of a juvenile, the charge would be a fourth degree felony, which can carry an 18 month sentence.
The bill has the early support of many local lawmakers, including Reps. Jena Powell, R-Arcanum; Rodney Creech, R-West Alexandria; Jennifer Gross, R-West Chester; Phil Plummer, R-Dayton; Bill Dean, R-Xenia; Bernie Willis, R-Springfield; and Thomas Hall, R-Madison Twp.
Hall, who represents Middletown, told this news organization earlier this year that the town’s Pride-themed drag performance in June of this year was “absolutely sickening.” About half of the audience were minors, according to those in attendance; some were seen handing the performers money. Hall said the state needed to take action to “protect the children.”
When talking to reporters Tuesday morning, House Minority Leader Allison Russo, D-Upper Arlington, characterized the bill as a waste of lawmakers’ time and “way oversteps (the line).”
“This is a piece of legislation that does not at all address the needs of Ohioans. We’ve got a housing crisis in this state, we’ve got child care facilities that are on the verge of closure and don’t have enough capacity — we’ve got a whole host of issues that we could be focusing on,” Russo said. “This piece of legislation, to me, is not that.”
The public has not yet been able to formally testify on the bill.
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