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The strange tale of identifying and prosecuting lewd behavior took another fascinating twist last week when Florida's 2nd District Court of Appeal said to its cousins in the 6th Judicial Circuit: not so fast. It turns out law enforcement officers can, too, be the sole representatives of We The People when it comes to witnessing certain distasteful acts covered by statute or local ordinance. With that, the appellate court ordered charges reinstated against 10 exotic dancers (all students working their way through college, no doubt), nine of whom were arrested during a sweep of adult clubs in Holiday and New Port Richey in October 2002. Previously, an appeals panel had sided with the reasoning of Circuit Court Judge Marc Salton, who bought the argument of Luke Lirot, consigliere to Bay area skin peddlers. Lirot claimed that to bring a charge of lewdness against the dancers, someone had to be offended, but that law enforcement officers, acting in their sworn capacity, lacked proper standing. That is, as a matter of record, cops surveying an adult club as cops cannot be offended. And that seemed to be that, to the dismay of certain pillars of the community who are confident that unchecked lewdness in adult clubs slops over onto innocents in the surrounding community. Seeking to correct that evident flaw, state Sen. Mike Fasano and state Rep. John Legg, both west Pasco Republicans, championed a bill in the last legislative session that authorized law enforcement officials to serve as the offended party. The bill has since become state law. We Know It When We See ItAlthough the Fasano-Legg statute was noted in the opinion reinstating the charges, it was irrelevant to the case before the court. In the second stab at making the charges stick, State Attorney Bernie McCabe argued that the circuit court had applied the wrong legal standard. Instead of focusing on the witnesses, Salton should have zeroed in on the alleged offense. This time, the appellate court agreed, noting that lewdness, in and of itself, has been defined by statute -- just as have reckless driving, burglary and extortion -- and to have been committed does not require an offended party. In short, lewdness is as lewdness does. It stands on its own merit -- or lack thereof -- just like speeding and battery. And now, being prosecuted for it doesn't take the scandalizing of a pastor and three unsuspecting deacons. Clearly, last week's ruling is a triumph for communities in the 2nd District -- including the counties of Pasco, Pinellas, Hillsborough, Polk and south to Collier -- who have an interest in restricting the excesses often associated with adult entertainment. A Rose By Any Other Name ...The onus falls now where it always should have, on the alleged act and actors themselves. Let's also be clear: Nude dancing is not, by itself, considered lewd. Women can bump, grind and otherwise shake their bare, well, selves, and silly, immature and/or pathetic men can ogle 'til the rooster crows, and nobody -- really, nobody -- cares. Where law enforcement becomes interested, and rightly so, is when participants cross a clearly defined line by exposing genitalia, engaging in simulated sexual acts, or performing "lap dances" -- prostitution separated by a layer or two of cloth. Lirot's first victory in this round of Pasco's decency war was a little too easy. Now he'll have to earn his retainer, defending the indefensible. Write a letter to the editor about this story Subscribe to the Tribune and get two weeks free Place a Classified Ad Online |
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