An open booth law can curb the spread of sexually transmitted diseases

Introduction

There is nothing "adult" about an "adult" bookstore. Those who enter it will find a den of decadence, debasement, degradation, and depravity -- a hell hole! This is especially true of the peep show booths frequently found in the rear of an "adult" bookstore. They are designed to exhibit (for a series of coins or slugs) a hardcore pornographic film or video to a viewer in an enclosed booth. In some booths, live performers engage in sexual activities behind glass partitions. Viewers are often stimulated to have sex with another viewer in the same booth or through a "glory hole" with the patron of an adjoining booth. This spreads AIDS and other communicable diseases.

Enclosed booths also facilitate masturbation, resulting in conditions that are unsanitary and an offense to decency. There is also a possibility, however slight, that AIDS could be spread by semen left on booth walls.

Governmental interest

In 1986, The Health and Hospital Corporation of Marion County, Indiana (Indianapolis) recognized a primary danger to the public health and welfare posed by enclosing viewing booths in "adult" bookstores -- to wit, that such booths are a source of the epidemic of sexually transmitted diseases, especially AIDS. The county did a very practical thing. It passed a health ordinance requiring the doors be removed from these booths so that such anonymous, life-threatening sexual activity would be open to public view and thus discouraged and stopped altogether.

Legislative findings

In any type of Open Booth Law, it is essential that the city, county, or state articulate a governmental interest that justifies the law. This requirement may be accomplished by a preamble or a section of the law designated as "legislative findings." An example is found in the Marion County ordinance, which refers in part to "Infection of contagious diseases. Of specific danger is the sexually transmissible disease of Acquired Immune Deficiency Syndrome which is currently found to be irreversable and uniformly fatal."

Relying on the experience of other communities

Where possible, evidence of sexual activities occuring in booths of "adult" bookstores located in the community should be presented to the legislative body before it votes on an Open Booth Law. Such evidence could come from police officers, public health personnel, or private citizens who have witnessed sexual activities or unsanitary conditions in the booths.

It is sometimes the case that the local authorities have insufficient evidence of sexual activity going on in peep show booths in their own community. The Open Booth Law should then indicate that it is relying on the experience of other communities which are specifically named in the preamble or "legislative findings" section.

Loss of profits

In 1991, Delaware passed a statewide law which not only requires that the doors be removed from the booths in "adult" bookstores but also restricts the hours and days of the stores' operation. In attempting unsuccessfully to have the law overturned in Federal court, the proprietor of a prominent "adult" bookstore stated that his store, as a result of the Open Booth and Hours of Operation provisions, had suffered "a decrease in patronage as measured by its booth and other revenue" of 66% to 75%. He further complained, "A number of patrons are unwilling to utilize the booths ... when they are subject to observation by others."

Help from Morality in Media

Morality in Media can supply case law, police affadavits, and news reports showing that sexual conduct does indeed occur in peep show booths in communities across the nation. This packet is available for $15.00. Give the packet to your city councilman, county legislator, or state legislator, and ask him or her to introduce and support an Open Booth Law.