Undressing The First Amendment and Corsetting The Striptease Dancer

Undressing the First Amendment and Corsetting the Striptease Dancer Author(s): Judith Lynne Hanna Source: TDR
(1988-), Vol. 42, No. 2 (Summer, 1998), pp. 38-69 Published by: The MIT Press Stable URL: http://www.jstor.org/stable/1146699 . Accessed: 22/06/2013 13:09
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Undressing the
and
the
First
Amendment
Corsetting Striptease Dancer
JudithLynneHanna
An Anthropologist in Strip Clubs and Courts

In a unique way, the stigmatized but poorly understood exotic (also referred to as erotic, striptease, stripper, topless, titty bar, nude, go-go, and barroom) dance clubs are a lightning rod for certain cultural conflicts in the United States. The NIMBY (Not-In-My-Backyard) issue (Fruedenberg 1984; Mann 1989) pits segments of the community against exotic dance stakeholders. Controversy centers on what exotic dance is and its relation to the First Amendment, morality (religious and feminist), and economic impact (on dancers and communities).' Anthropologists have conducted research that shatters stereotypes about such issues as race, gender, and nature; these studies have had real-world consequences. In this article I aim to illuminate why exotic dance is controversial and how the controversy reveals much about contemporary American culture. Perhaps this work on exotic dance, law, and society may supplant urban planning and conflict resolution based largely on stereotypes and generalizations (see American Planning Association [APA] I997). Viewing power and cultural forms as inseparable, Michel Foucault offers theoretical guidance for considering politics and culture through the analysis of the body (1978). In American culture, which in many ways represses the body, the exotic dancing body moves within contested practices of power and knowledge. Simon Roberts explains how law "furnishes the normative 'map' informing the life-world of a society's members as they experience it, and it provides one of the central means through which government exercises a
steering role" (1994:692). Victor Turner's (1974) theory of a four-phase social
drama also helps us to understand the exotic dance controversy. These phases consist of: first communicating a breach of norms, then fomenting a crisis, followed by ameliorating and avoiding social drama, and lastly, proclaiming the schism or celebrating the reintegration. Contentious issues related to government regulation and to judicial decisions concerning exotic dance warrant attention: (I) dance as expression ("speech") and art, and thus protected by the First Amendment, (2) the moThe Drama Review 42, 2 (T158), Summer 1998. Copyright ? 1998 New York University and the Massachusetts Institute of Technology.
38
FirstAmendment 39 rality of dance, and (3) the economic impact of exotic dance. In short, research shows exotic dance is not mute. Nor is it necessarily immoral, a degradation or exploitation of women, a cause of crime, or a factor in the decline of property values. Comments on my involvement in court, research approach, and caveats about exotic dance provide the context. Going to Court I became involved in the study of adult entertainment, community conflict, and legal processes when an AICP (American Institute of Certified Planners) expert on adverse secondary effects of exotic dance and a lawyer representing dancers and owners of exotic dance clubs in Seattle discovered my researchon
diverse forms of dance as nonverbal communication (I983, 1987, I988a,
I988b, I988c) through Books in Print. They asked me to be an "expert court witness" in a First Amendment case and apply to exotic dance the semiotic paradigm I had used to study dances in Africa, and on playgrounds and in theatres in the U.S. Additional court cases with them and with others in various states followed, including cases that were similar but also cases about nudity, "obscene" behavior, false arrest,and even murder. Having conducted community researchsince 1963 (1981, I988b), and having
applied dance knowledge to education and health (1992, 1995), I found the
new area challenging. After all, dance is significant human behavior and I am concerned with First Amendment rights, a keystone of American culture;2the work led me to confront my own preconceptions and new researchquestions. In my first case-Ino Ino, Inc. v. City of Bellevue-club owners and exotic dancers challenged the 23 January I995 Ordinance No. 4735 set forth by the Seattle, Washington, suburb. It requires dancers who perform in costume and then strip to nudity to perform onstage no closer than eight feet from spectators and offstage no closer than four feet from their patrons. The clubs are required to have an illumination of 30 lux, similar to the light at a surgeon's operating table. The city, in the first phase of the social drama, alJ 3r leged that the ordinance was necessary to facilitate police monitoring because clubs had broken an earlier law forbidding offstage dancer-customer erotic touch and exposure of the breast below the top of the areola. Bellevue claimed that closer contact and dimmer lighting facilitates assignations for prostitution, narcotics transactions, and unlawful physical contact ("caress,fondle or erotically touch any member of the public or any dancer"). The local government said the new club requirements were, in legalese, "incidental" to the message of the dance or made it "less graphic," but did not eliminate exotic dance, which would be unconstitutional. In the second phase, Ordinance No. 4735 fomented a crisis. So did the picketing by the group Washington Together Against Pornography outside a club. There was no ameliorating or avoiding of the social drama that ensued when the clubs went to court. Using my semiotic paradigm, I testified that the ordinance diminished the communicative efficacythe "content" and not the "manner"-of the expressive message of the dancer performing in this genre in the I99os. The elected judge ruled against the
1. Exoticdancers oftenrely greatlyon tipsfromcustheirincome. tomersfor Posedwith Gabrial,an

exotic dancerat the 1720
Club in Washington, DC, is the club'smanager. Actual customers did not want to bephotographed. (Photo by ChrisDame)
40
Judith Lynne Hanna
2. Insidethe 1720 Club, which from the outside lookslike an upscale restaurant.The clubis within walkingdistance of the WhiteHouse. (Photoby ChrisDame)
clubs and dancers:the vice squad had questionable videos of "illegal" behavior (ambiguous at best from my viewing and commentary in the courtroom). Moreover, politics was said to be operative. The ruling forced clubs to close. However, the schism remains, and the Supreme Court of Washington deemed the matter serious enough to consider, bypassing the appeals court. On I May I997 it ruled in favor of the city. One of the dissentingjudges, Justice Richard Sanders, presented a reasoned rebuttal to his colleagues. I could not believe the majority's muddy argument and misstatement of precedent cases, one of which I had brought against the U.S. Government that went to the U.S. Supreme Court (the federal government employee honorarium ban). The clubs and dancers have requested a reconsideration. Subsequent to the Bellevue case, I testified in a similar one challenging a Las Vegas, Nevada, ordinance. This time the club and dancerswere victorious. Laws restrictingexotic dance clubs have been enacted and contested nationwide-e.g., in Amarillo, Atlanta, Austin, Beaumont, Bettendors, Bridgeview, Boston, Bridgeport, Chattanooga, Cicero, Cleveland, Cumberland, Dayton, Davenport, Denver, Detroit, Eatonville, Everett, Federal Way, Fond du Lac, Fort Lauderdale, Hager City, Henrietta, Houston, Indianapolis, Kennewick, Kent, Lake County, Lansing (Illinois), Latham,Los Angeles, Macon, McHenry County (Illinois), Mobile, Moline, Mt. Joy, New Castle, Newport (Kentucky), New York City, Phoenix, Pills, Pittsburgh, Providence, Rack, Roanoke, Rostraver, St. Paul, Sarasota, Schenectady, Seattle, Shoreline, Snohomish County, Syracuse, Tacoma, Texarkana, Troy, Tucson, Tukwila, Wayne County, Westminster, and Weymouth (see McClendon I985; Schwab 1995; DeWitt 1995; APA 1997). New laws continually surface. On 28 November I995, NBC's Dateline featured community responses to the increasing growth in cities and suburbs of the new "gentleman's club,"
FirstAmendment 41 upscale exotic dance clubs that are in marked contrast to the old seedy "stripjoints." There are over 2,500
clubs (Waitt 1996, 1997; Schlosser 1997); an annual
national trade show that has been held since 1992; and several exotic dance publications. The industry is estimated to be a billion dollar business (Applebome 1996). Annual individual club revenues range from $500,000 to more than $5 million. "Americans now spend more money at strip clubs than at Broadway, off-Broadway, regional, and nonprofit theaters; at the opera, the ballet, and jazz and classical music performances-combined" (Schlosser I997:44).
The Dateline program showed a Turnerian social drama:residents' awarenessof a breach of their norms, followed by an assault on the clubs with attempts to close or shunt the clubs elsewhere, unsuccessful efforts by club owners and lawyers to work out compromises-and the subsequent legal entanglement. Since about 1993, First Amendment litigation associated with exotic dance has been the predominant freespeech topic, reportslawyer Clyde DeWitt (I995). Research Approach For a composite understanding of conflicts centering on exotic dance, I draw upon my scholarly and legal work and the reports of others. My "case study" is the nation. Although I first observed exotic dance in 1956 at the Strip City club on Sunset Boulevard in Hollywood, California, viewed it 35 years later in Paris, and then in Bangkok in 1994, my anthropological "field" research on this genre of dance began in early I995.3 I started gathering data on court cases and adult entertainment clubs, those about which I had testified and others: in Seattle (where I broke through a Washington Together Against Pornography picket line at one of the clubs), Toronto, Washington (DC), Chicago, New York, Los Angeles, Ft. Lauderdale, Cleveland, Tennessee, Roanoke, and San Francisco. I have interviewed dancers, customers, club owners, managers, staff, and First Amendment lawyers. By telephone and email networks, I have also interviewed these types of informants in other states and in Canada. I've also viewed videotapes of dancersfor obscenity and false-arrestcases. Studying the text and context of dance as well as their interrelationship, process, and product, I have analyzed the use of time, space, and effort. Listening to what informants say and seeing what they do, I have tried to understand how their speech and actions fit into the social dramaissues. In addition, I have drawn upon master'sand doctoral theses, books, and articles on exotic dance in Atlanta, Boston, Corpus Christi, Eugene, Fort Lauderdale, Las Vegas, London, Montreal, New Orleans, New York, Providence, rural New England and the South, Quebec, San Diego, Minneapolis, Toronto, Walnut Creek (California), San Francisco, Washington (DC), the "Quad Cities" (Iowa), and across the United States (Brothers and Miller 1996; Waitt I996). These works were written by scholars, journalists, photographers, and dancers (as cathartic confessionals and confrontations with society's perception of exotic dance as deviant and social hypocrisy). I have also reviewed publications and audiotapes of the American Planning Association; First Amendment Lawyers Association; and dancers and club owners, including Danzine, E.D.A. (Exotic Dancers Alliance), WHISPER (Women Hurt in 3. The exoticdancer Gabrial for her prepares show in the dressing room
at the 1720 Club. (Photo
by ChrisDame)
42
Judith Lynne Hanna
4-6. Shelby,an exotic

dancerat the 1720 Club,
DC, demonWashington, strates the vocabulary of exoticdance.(Photoby Chris Dame)
Systems of Prostitution Engaged in Revolt), A VN (Adult Video News), Exotic DancerBulletin,Showgirls, and Stripper Magazine.I have also examined materials of the American Family Association Law Center (model public nudity and sexually oriented business ordinances) and the National Family Legal Foundation (including Len Munsil's The Preparation and Trial of an ObscenityCase: A Guidefor the Prosecuting Attorney[I988] and How to LegallyStop Nude Dancing
in Your Community [1994]).
Caveats In the following discussion it is important to bear in mind that the world of exotic dance varies by dancer, club, patron, and regulation. Of course there may be change over time in these variables. Diversity and complexity include dancer's physical appearance,motivation, background, and behavior. Some clubs have "feature" dancers who can quadruple the regular dancer ("house girl") income. Feature dancers are paid, for the most part, according to the "credits"they have accumulated for appearing in adult magazine centerfold photograph spreads and/or in videos, for which they collect "scalps"-their photo on video box covers. Through agents, features make guest appearancesin clubs on nationwide circuits. The nation's top five or six feature dancers earn $I5,000 to $20,000 per week performing four 20-minute shows each night. Another five or six earn between $8,000 and
$5,ooo0 per week (Schlosser 1997:47).
Performers vary educationally, from Ivy League and other college students and graduates(in such subjects as sociology and nursing), to professionals(such as a law school intern, certified public accountant, and stockbroker) to high school dropouts. Some performershave danced in prestigious ballet and mod-
FirstAmendment 43 ern dance companies or while others have had no tics, in gymnas previous formal dance S Sdcompeted training. Exotic dancers may or may not support boyfriends, husbands (see Giobbe I993), or female covr... partners. Some dancers are batteredby their male companions and are forced to dance, although most do not surrender volition. Some dancers are on drugs, but most are clean. Some dancers "hook" (prostitute), yet most do not (some clubs fire women who go out with customers). Dancers may be single, married, or single mothers supporting their children. The women dance for the money (like most jobs), but some also enjoy dancing, asserttheir feminine sexuality, seek power, or try to bolster self-esteem. Dancers may like or dislike men. Clubs may be small businessesor part of large corporations,one of which has 42 clubs nationwide. Facilities range from upscale, opulent, and glamorous or well-decorated, like the now-closed Papagayosin Bellevue, to pure sleaze-and fabricatedsleaze in new buildings to meet customers' expectations. Clubs may offer food, serve alcohol, or be "juice bars." Entrance may be free or carry a cover charge. Some clubs require a minimum beverage purchase. The focus of this article is the predominantly white club in which females dance for heterosexual men. Clubs may, however, be ethnically diverse and target gay men (Suggs 1989; Seymour 1994) or lesbians (Delacoste and Alexander I987), or feature transvestites and transsexuals, men dancing for women (Milloy I987), or a combination of the above. For example, some transvestitesdance among female dancersand are accepted as females by them. Managers may be "dirty old men" or "kindly fathers." Some clubs have strict requirements and rules for the dancers' work procedure and style. Dancers may receive a salaryfrom the club and tips and dance-sale fees from customers or share tips and fees with the club. More commonly, dancers are independent contractorspaying "rent" ("house," "stage fee," or "tipping out") to the club for the performance space, tipping the staff, and earning income only from customers; in some cases dancers pay a percentage of their dance sales and tips to management instead of rent. Some clubs require dancers to sell drinks to patrons or get patrons to buy "ladies' drinks," for which dancers receive a percentage. Customers, too, vary by age, income, profession, ethnicity (Margolis 1994), religion, motivation, and manners (treatment of dancers). The "Exotic Dance Customers" box lists some reasons patrons frequent the clubs.
44 Judith LynneHanna The amount of government control over exotic dance clubs depends upon whether or not alcohol is sold and upon pressure exerted by politically active local individuals or groups and their concepts of sex and sexuality. Controls involve zoning, licensing of dancers, clubs, and managers; hours of operation; body disclosure and place of body disclosure; types of exotic dance permitted; whether and how dancers may touch themselves and customers or be touched; visibility of onstage and offstage performances; club illumination; distance between dancer and patron, manner of tipping, and other behaviors between dancer and customer. The threat of vice-squad raids helps enforce these controls. Charges against the clubs are often brought to harass them in hopes of driving them out of business with high legal fees. Issue 1: Exotic Dance as Conduct or "Speech" Communication Afforded Constitutional Protection under the First Amendment Dance and a Certain Genre Because exotic dance is under attack for moral and economic reasons, it is useful to discuss the elements that give it First Amendment protection as dance, communication, and art, and to describe the genre of exotic dance. As a dancer and anthropologist, I had developed this working conceptualization of dance (see Hanna I987 for the rationale): Dance is human behavior composed of purposeful, intentionally rhythmical, and culturally influenced sequences of nonverbal body movements other than ordinary motor activities. The motion (in time, space, and with effort) has inherent and aesthetic value (determined by the dancer's culture according to accepted notions of appropriateness and competency) and symbolic potential. Purpose is from the dancer's perspective, usually shared by the audience members of the dancer's culture; individual choice and social learning play a role. Dance is a language in the sense of being a systematic means of communicating ideas or feelings. Elsewhere, I explain how dance is speechlike by comparing the design features of verbal language and dance (I987:87). Music and costume as well as pantomime and role-playing may enhance the messages. Dance requires the same underlying faculty in the brain for conceptualization, creativity, and memory as does verbal language in speaking and writing. Both forms have vocabulary (in dance, steps, and gestures), syntax or grammar (rules for putting the vocabulary together), semantics (meaning), and pragmatics (the social, economic, cultural, and historical context in which communication takes place). Dance, however, assembles these elements in a manner that more often resembles poetry, with its often multiple, symbolic, and elusive meanings. In much linguistic behavior, an individual creates sentences and responds to them without being conscious of how it is done. Similarly, dance behavior sometimes occurs without the dancer's or spectator's awareness of the vocabulary, grammar, and semantics of a dance idiom, and without their awareness of how dancers and spectators construe meaning from their personal and cultural experiences. Dance has an emotional charge through the multisensory media that convey affectively linked associations. There is the sight of bodies moving in time and space; the sounds of physical movement and breathing, and usually the accompanying music; the smell of the dancers' body odors and perfume; the tactile sense of body parts touching the ground, other body parts, people, or props; the proxemic sense of distance between dancers and between dancers and spectators; and the kinesthetic (feeling of bodily movement and tension) experience or empathy with dancers.
FirstAmendment 45 Exotic Dance At issue is a form of adult entertainment evolving from burlesque-the genre of exotic dance: striptease dance and its offshoots, including stripping, topless dance, table dance, couch dance, and lap dance. Some communities' legal definitions of prohibited sexual conduct may include aspects of this dance genre. Striptease is a burlesque act in which a dancer removes clothing piece by piece, teasing the audience about what is to come. Burlesque originated in I6th-century Europe to poke fun at classic literature and theatre and "virtues" as behavior. Female nudity and sexuality appeared in American theatrical performance at the turn of the century and in the early 20th century. They were a caricature of social mores, a mockery of religious repudiation of the flesh, and played with cultural constructions of gender and ambiguity. "Nude" refers to being unclothed and the body being an aesthetic object, whereas "naked" implies being defenseless or being oneself without disguise, which is not the way most dancers describe themselves (see Berger 1972). The immediate forerunner of exotic dance was the cooch dance-also called dansedu ventre,cootch, or hootchy-kootchy (belly dance)-first seen publicly at the I893 Chicago World's Colombian Exposition. It appearedin the "Streetsof Cairo" and Algerian and Persian village exhibits created, with the founder of anthropology Franz Boas's participation, as an attempt to popularize the new
science (Allen I99I:225). The threat that the dancer's "sexuality might repre-
sent was defused through her construction as exotic, ethnological other" (228). In exotic dance, the performer uses body movements often simulating culturally constituted rhythms of lovemaking, for example, flirting, foreplay, and intercourse (see Hanna 1987:245-46; 1988). A disc jockey plays recorded music to provide a theme and rhythm for the dancer. The dancer's purpose, for the most part, is to entice the audience member(s), through a display of sensuality, to give tips, or to buy a special personal dance (see "Exotic Dancers' Strategies" box). The performer-audience connection or "nonverbal conversation" (Ronai and Ellis I989) depends upon the dancer receiving feedback to validate the desirability, passion, and adoration she must project. The semantics of exotic dance draw heavily upon metaphor and metonym expressed through a dance-vocabulary of movements highlighting secondary sex characteristics, such as the breasts, buttocks, and hips, in addition to the genitals (see "Exotic Dance Movements" box). "I accentuate certain parts of my silhouette," said Heather, exotic dancer and stockbroker.4 Costume color also conveys meaning; for example, white for purity, black for the night and associated lovemaking, and red for passion (see Hanna 1988 on devices and spheres of encoding meaning). "Eroticism," says Octavio Paz, is a "representation" that diverts or denies sex in action. Eroticism "is sexuality transfigured, a metaphor" (1995:2). "Onstage" is a fantasy make-believe world in which exotic dancers "express erotic emotions, such as sexual excitement and longing," wrote Judge Richard A. Posner (Millerv. South Bend I990: I oo). People are socialized to what psychologists call "display" rules-such as proximity and interaction-undeniably implicit in eroticism. Proximity permits the mutual reading of intentional and unintentional signs of attraction and satisfaction such as a smile, puckered lips, quickly lifting eyebrows, staring
(the "copulatory gaze" [Fisher
I992:22]),
cocking
shyly, flicking the tongue, licking the upper lip, eye brightness, pupil dilation and expansion, facial color, body odors (especially the apocrine glands aphrodisiac [Fisher 1992:4]), and erection of the nipples and penis. "Stage dances" are exotic dances performed on a main stage, and also ministages and runways, for the audience as a whole or large portions of the audi-
the head and looking
up
46 Judith LynneHanna
Some Exotic Dance Movements

Dancers create sequences drawing upon such vocabulary and accoutrements as the following: Locomotion (movement from place to place; four-inch heels are restraining): - strut walk -turn - shimmy up a pole and lean back, often holding on with one hand -slide to floor -crawl - from kneeling position, move knees outward and inward on right knee, place left foot on floor, then step on right -Jump -split -cartwheel -somersault into a split Gesture: self touch: * move hands over body creating curvilinear designs * brush stomach, breast, inner and outer thighs, genitals, buttocks * press breaststogether * toss hair back with hand * slap buttocks * spread buttocks apart * lick fingers * flash (lower G-string to expose pubic area) * open legs to reveal vagina ("spreadshow," "go pink") pose, preen, pout rotate head with loose hair -make eye contact to target and engage a customer with expectation of tip or sale of dance -gyrate hips and torso -thrust and rotate hips (bump and grind) -undulate body or body parts -shimmy breasts -bend torso perpendicular to ground -bend torso to peek through one's legs -shake buttocks -thrust buttocks toward spectator -snake arms upward rotate knees toward and away from each other (butterfly) -kneeling, hinge torso backwards -standing or prone, bend leg back from knee -bend backward (backbend) with hands and toes on the floor - placing body on back of shoulders, extend legs up wall -hold foot and extend leg full-length -swing leg over cutomer's head standing, arch torso backward -stand with torso bent over perpendicular to floor and extend one leg and both arms out to side seated with torso bent over parallel to floor, extend one leg out to side, bend the other leg with knee on ground to the other side and foot towards center of body
FirstAmendment 47 breathe heavily prone on floor, spread and close extended legs prone on floor, raise buttocks up and down pretend to be caged supine on floor, arch torso supine on floor, open and close extended legs squat with knees turned outward contract genital muscles ("wink vulva")
Levels: - standing in pose - kneeling - hanging on a pole near ceiling "floor work" (dancing without feet on the ground, with body on the floor or other horizontal platform) Place: - on the stage -on a runway - table dancing (for a fee, dancer stands near the customer's table, her legs often between the legs of the seated customer) - lap dancing (for a fee, dancer sits on a man's lap and gyrates; style allegedly migrated from Las Vegas revues and seamy Tenderloin clip joints to elsewhere, including upscale venues) - on a couch - in a shower Costumeand Makeup: -to create social identities - use of significant colors (red suggests passion; white, purity and virginity; black, nighttime and the sultry female) Exposure: - stripteasing (taking off one's clothes in a suggestive and sexually stimulating manner: commonly worn are pasties, beaded bra with optional tassles, G-string or T-bar, underpants, strip pants, front and back panels, short dress, gown, robe, gauntlets [3/4 length gloves], jewelry, very high heels, hose) - dance topless - dance bottomless - flash (lower G-string to expose pubic area) - spread show (open legs to reveal vagina, "go pink") - spread buttocks to reveal vagina and anus Propsand Features: -fan dance (the fan was initially used to circumvent New York's nudity laws: it was illegal to be nude while moving, but not standing; ballerina Sally Rand used a fan because she could not afford a costume) -tassels (fastened to pasties covering breast and made to twirl) -"Eve act" with boa constrictor -imaginary lover -audience member brought onstage to dress in sultan turban and learn the "belly dance" - trained bird removes clothes from stripper and carriesthem away - put whipped cream and chocolate on body and take it off
48 Judith Lynne Hanna ence. The dances serve to showcase the performer for tips and/or to advertise her for "personal"dances at the customer's table (see below), or, in some clubs, for a particularcustomer standing or sitting immediately adjacent to the stage. During a stage dance, a performer removes some or all of her clothing in a striptease,or she just strips. Clothing affects the fantasy of intimacy; along with distance, it is armamentthat conveys unavailabilityand/or unapproachability. The syntax usually has one to three songs during which time the dancer, moving in intentionally rhythmical patterns, appears clothed as some character/persona, becomes topless, and then, in some clubs, also bottomless. The box entitled "Exotic Dance Movements" presents the movements, or vocabulary, and accoutrements that dancers draw upon to create their dances. As in the Martha Graham dance technique, movement tends to flow from the pelvis. "Table dances" are dances performed by clothed (or initially clothed and then partiallyor fully unclothed) performers close (one to six inches) to an individual customer at his table, sometimes on a small portable platform, or in special places in a club, for a set fee. The dancer focuses on the patron's responses in order to send a personal message and sense of intimacy and spontaneity not manifestly intended for the entire audience as in a stage dance. The message of "I am for you and you alone" permits the customer a fantasy about assignation with the dancer, including possession, foreplay, and intercourse. The fantasized relationship may be sexual, romantic, or loving, with commitment beyond the financialtransaction.A table-dance patron may get the personal attention of an attractive female who would not otherwise "give him the time of day"; or be reminded of what it is to be desired. Moreover, the patron often becomes part of the improvisational performance, that is, entertainment for other audience members in the club who may identify with the patron. A "couch dance" is similar to a table dance except that the customer sits on a couch, and the dancer stands on the floor or couch and straddlesor performs between the customer's legs, usually in a less public area of the club. Dances in three-sided booths in which a customer sits on a bench and the dancer stands on the floor, or on the bench with a foot on either side of the customer, are similar. In "lap dancing" a performer sits on a customer's lap (upon which she may place a towel) and dances for a fee and tips. "Shower dances" feature performers onstage under a shower in a plexiglass booth. Exotic dance is dance. But...is exotic dance an art (see Hanna I996a)? Yes, according to a general definition and possibly according to court decisions. The answer is controversial but important because artistic expression is protected under the First Amendment. Webster's Ninth Collegiate defines Dictionary art as: "skill acquired by experience, study, or observation" and "the conscious use of skill and creative imagination." Pope v. Illinois (1987) is the legal gospel on artistic value. The court ruled that a work need not obtain majority approval of a locality in order to be considered to have serious artistic value, and the value of the work does not vary from community to community. In mainstream U.S. culture, the dance aesthetic pecking order places classical ballet at the apex. Exotic dance is more "low brow" (with its own criteria of serious artistic value) than "high brow" art, as Gary Allen Fine explains (199I). Within ballet-and in exotic dance-the transmission of knowledge and skill to the novice occurs in several ways: (I) through direction, (2) modeling (an instructor provides illustration for observational learning), (3) supervised practice and coaching, or (4) enabling discovery (e.g., an instructor creates situations in which the student manipulates material in response to a problem, such as how many ways one can turn). Creative imagination may manifest itself in choreography, a dancer performing a dance choreographed by someone else, or improvisation.
FirstAmendment 49
Exotic Dance Customers

Lonelyor unhappymen: - seek "understanding,"a listener -seek attention from attractive women, who perhaps look as their spouse once did or as they wanted their spouse or lover to look -seek attention from attractive women who wouldn't give them the time of day in other circumstances - seek refuge from feminists -hang out -escape from wife, girlfriend -seek variety - seek opportunity to relax, be entertained -get something wife or girlfriend does not provide -fantasize and create own sexual script - seek thrills -project hostility against other women on dancers be reminded of what is is like to be desired Bachelor party: -celebrate -arouse and educate groom andprofessionals: Workers, businessmen, -seek entertainment -seek aesthetic pleasure Youngmen: - seek fun Horny men: - seek assignation Machomen: -seek male identity, bonding, dominance through fantasy of phallic man Femalecompanions of men: - seek to please companion - seek education - seek entertainment - seek aesthetic pleasure Bachelorette partyand youngwomen: - seek fun, arousal, education Lesbians: - seek attention from attractive women -hang out - seek entertainment - seek aesthetic pleasure - seek assignation
50
Judith Lynne Hanna
Exotic dance is not one of the forms of dance privileged by both the dance community and the general public, notwithstanding public perception of ballet as disreputablein the mid-Igth century (Allen 1991). Fine points out: Classical ballet [...] has established critics, expansive venues, charitable events to support it, well-funded companies, international links, textbooks and theories, schools, professional organizations, and so on. Through its historical development, it has been certified as part of elite
culture. (I991:90)
By contrast, Exotic dance has no such infrastructure.[...] Those who work in vineyards of exotic dance are typically seen as lower class, and worse, they
lack the pretensions that come with Art (I991:90).
Note that dance, as both art and entertainment, often provocatively challenges the status quo. Exotic dance in American culture has an evolving style with historical roots of deviance. Behavior disapproved of by mainstreamsociety is an integral part of the art, entertainment, and lure for performers and patrons alike. Exotic dance transgressesthrough risque excitement: it is considered sinful or "naughty" to dance nude, to look at nude performers, and to engage in an economic dancer-customer transaction. The social body responds with constraints (including laws, club rules, morality, and economics) on the way the physical body is perceived and responded to. Legal Constraintson Exotic Dance The people of the United States, within the culture of the Constitution, have a right to receive expressions/communications; individuals also have a
right to send communications (see Heins 1993; Roberts 1994:692). However,
the Supreme Court's I991 five-to-four decisions in Barnesv. Glen Theatre,Inc. is the governing constitutional law in the area of government efforts to restrict or ban nude dancing. The meaning of the decision, however, is vague. The court ruled that nude dancing is a form of expression entitled to a measure (whatever that means) of First Amendment protection. However, a fourjudge plurality permitted the State of Indiana to strip the First Amendmentprotected expression in the interest of "order and morality" and to require that dancers wear pasties and G-strings. Barnes v. Glen Theatre, Inc. upheld Indiana's application of its general law against public nudity to "nude barroom dancing" in the Kitty Kat Lounge and Glen Theatre. However, Justice David H. Souter, who provided the fifth and consequently deciding vote in Barnes, asserted that only the harmful "secondary effects" of nude barroom dancing (which he presumed to include prostitution, sexual assault, associated crimes, and neighborhood blight) justified regulation of the constitutionally protected form of artistic expression (discussedbelow under "Issue 3"). The Twenty-First Amendment repealed prohibition but permitted states to impose conditions on places in which alcohol can be consumed. At such venues states have the power to regulate nude entertainment. However, the Suet al. v. Rhode Islandet al. (1996) that preme Court recently ruled in Liquormart this amendment cannot override the First Amendment, so new legal contests are imminent. Governments sometimes try to close or at least regulate exotic dance clubs through criminal "obscenity," "public indecency," or "lewd conduct" laws. Millerv. California(1973) contains the standardfor determining "obscenity"-
FirstAmendment 5I if the average person, applying contemporary community standards, would find that: the work as a whole appeals to the prurient interest, the work presents in patently offensive way sexual conduct prohibited by state law, and the work as a whole lacks serious literary, artistic, political, or scientific value. A former club owner in Laurel, Maryland, complained that, They set me up. Police were there all the time. There was a memo that said no problems. The captain told the cops to "go find something wrong." So they got a stripperfrom Baltimore to dance, violate rules, and completely strip. I lost my license for a week and thought they'd keep after me. Another tactic is the imposition of zoning or licensing requirements that are burdensome to the applicant but are permitted by the Supreme Court so long as they do not ban the entertainment entirely. The Court allows governments to prohibit adult facilities from locating within I,000 feet of a residential zone if there remain reasonable alternative places where they could go. In the U.S. legal system, precedent is important, so the resolution of a case in one locality reverberates elsewhere. A court denied a preliminary injunction in the City of Federal Way, Washington, in I995, on the basis of collateral estoppel (the issue had already been litigated in the City of Bellevue and the decision in this case applied). Common law uses the legal standard that there is a reasonable likelihood the situation is the same. Contesting public nudity bans and what legislators have called "obscenity,"6 "indecency," or "lewd conduct" in public places and indeed have criminalized in many city codes, exotic dance stakeholders turn to the First Amendment. Public nudity and obscenity laws are presumably enacted to protect unsuspecting members of the general public from shock and offense to their sensibilities. Exotic dance stakeholders argue that exotic dance rarely occurs in free public places for unsuspecting customers because they are, as Joanne, a dancer, said, "paying customers who anticipate and desire to watch the exotic dance. If they are offended, they may look away, or leave and not return." Local governments have the burden of proving the constitutionality of adult-use regulations under the O'Brien test (U.S. v. O'Brien, 1968): regulations must be within the constitutional power of the government, further an important or substantial governmental interest, be unrelated to a suppression of free expression, and be an incidental restriction on First Amendment freedom no greater than is essential to the furtherance of an interest. Issue 2: The Morality of Exotic Dance The contention and constraint over the morality of exotic dance certainly burdens its stakeholders. Morality refers to principles of right and wrong and implies conformity to established, sanctioned conduct. Why is exotic dance attacked on moral grounds leading to laws that strip the First Amendment and lace up the dancer? The human body, the instrument of dance, is a significant metaphor (see Douglas 1970:64) and may reflect what is and suggest what might be. The sexual revolution and the civil rights, women's, and gay rights movements begun in the I96os confront a backlash from religious fundamentalistsand radical "virulently anti-sex" feminists. The female body is contested terrain(Ellis et al. 1988). The problem in a multicultural society is that certain groups or individuals articulate their beliefs by means of public discourse and crusades, often successfully, imposing their morality on others. The most vocal group is likely to achieve its goals. In communities where restrictive ordinances infringe upon
52 Judith LynneHanna
some people's quality of life (citizens who want unrestricted clubs), there is a chilling effect on opponents to restrictions. Fear of being hurt in their business or social life is silencing. Immorality charges against dance are deja vu in Western culture, as revealed in my survey of the New YorkTimessince the newspaper's inception in 852. Some artists
7.-1 . Dancers createse-
upona quences drawing and prescribed vocabulary standard accoutrements. (Photosby ChrisDame)
and dances now widely acclaimed were "morally offensive" in their time (Hanna I988a). While clergymen railed against social dancing, dancing masters fought licensing laws. In their day, even the waltz and polka were said to be debauched. For the most part, restrictions againstdancerswere unsuccessfulor short-lived. What is considered acceptable bodily display and nudity has been changing (Allen I99I:88; Hanna I998). In the Igth century, a leg was called a "limb" and covered, even for sunbathing and swimming. In I827 citizens reviled a ballet dancer for the "public exposure of a naked female." She wore loose trousers fastened at the ankle and covered by a long silk skirt; not an inch of flesh beneath the waist showed, and the costume was not translucent(Allen I991:89). The amount of flesh that can be displayed has inched upward; today, bathing suits may reveal all but the genitalia and buttocks' cleft, which is covered by a mere thong. Sexual imagery permeates contemporary life. In the media, underwear went public, then bodies, frontal nudity, the flaunting of body parts, and simulated sex.7 In addition, the reduced demand for farm and factory labor, new forms of contraception, and improved health care challenged the link between sexual expression and reproduction. Men and women redefined sexuality. Emphasis on physical fitness contributed to a body cultureorientation. Charles Winick shows a shift from sexual proscription to prescription, a normalization of behavior previously frowned upon (1977:220). Note that throughout the latter half of the Igth century burlesque dancersforerunners of exotic dancers-challenged the preservation of the bourgeois, patriarchalsocial order. The issue of the dancer'sbody was frequently couched in terms of immodesty (Allen 1991:144). The costume revealed "not just legs, but legs as the synecdotal sign of the lower body and of female sexuality in
general" (I45).
The precursorsto currentexotic dance were pacesettersin bodily disclosurein mainstreamsociety. Indeed, the credit for some of women's gain in sexual freedom over the past hundred years, MargaretDragu and A.S.A. Harrison argue, "must go to sexual entertainers, for it is impossible to make this kind of gain without women who are willing to work on the cutting edge of sexual change"
(1988:55).
CurrentAttacks on Exotic Dancing After providing live coverage of the Shenandoah County Fairin Woodstock, Virginia, for io years, the Woodstock TV station refused to air a single minute
FirstAmendment 53 in 1995. The fair had a "striptease-to-the-buff"tent-show dance and the owner of the station, which carriesmuch religious programming, said: "'We felt that by encouraging attendance, we would be flying in the face of Scripture,which specificallystates that looking on a woman with lust is the same as committing adultery"' (in Chandrasekaran1995). Never mind that lust and aesthetic pleasure may be distinct. Some religious groups have made personal "lifestyle" issues central to contemporary political debates. They try to integrate all life in accord with an overarching and transcendent frame, and their militant ideology encourages deep hostility towards those who disagree with their agenda. The "Religious Right" proclaims the "one true and proper sexual path" is male-dominant and family-oriented. They believe that expanding state control over sex and sexuality is key to reorganizing American culture. Yet at the same time many argue for less government. Guardiansof so-called "family values" believe the "enemies of society" include exotic dancers. The Religious Right targets the body as a surveillance zone central to the operation of power. The dominant, sexually assertive patriarch has the sole right to the sight of his wife's body. Sex is usually seen as shameful and secretive. The fundamentalist agenda seeks to suppress all or nearly all information and entertainment about "sex," especially what they call the "petting zoos," "sexual assault parlors," "rape cubicles," and "glory holes." Thus the outrage when shameless women step from the domestic realm into the public arena, actively remove their clothing, and move their nude or semi-nude bodies for sexually enticing commercial purposes. A dancer (Mary, May 1995) suggested that the deprecation of exotic dance on moral grounds by some "family" women "is just an excuse for their becoming fat and unattractive; they're afraid to compete" with lithe, wellgroomed females. "And they refuse to believe that men seek stimulation so they can perform the husband role." Furthermore, wives may fear their husbands will spend family
money in the clubs (Brink and Mencher 1997). Some
men have the compulsion to extirpate clubs if only to prevent themselves from being able to use them. Ideological and religious fundamentalist groups such as Pat Robertson's Christian Coalition (with an estimated I.9 million members), Donald Wildmon's American Family Association, the Family Research Council, Concerned Women for America, Coral Ridge Ministries, and Washington Together Against Pornography spearhead assaultsagainst exotic dance. They seek to control women's bodies, bar family planning, and prohibit abortion. Well-organized, they prepare how-to publications and workshops. In response to calls for "community standards,"cities pass ordinances that are frequently based on those drafted by "various for-profit and/or not-for-profit religious
groups which cities employ" (DeWitt I995).
The National Family Legal Foundation, founded by such exemplarsof morality as Charles Keating and Edwin Meese, is training I,ooo attorneys to develop I,ooo "secure cities" with restrictivesexually oriented business ordinances. It sent out fundraisingletters that referred to the U.S. News and World Report cover story on the "alarming"growth of "The Business of Pornography" (Schlosser 1997). The foundation's 1997 "National Legal Conference" brought in ex-
54 Judith LynneHanna -, (illl --;g M

A,
..:i.,,l,
;
H ~
.... i ? a^
22j
I 9I
perts to equip prosecutors, law enforcement personnel, and activist attorneys who have a passion for the I' of life in their communities to do battle legisquality latively and in court. Another religious objection to exotic dance is that it is theatre-deceit and pretense that bears false witness (Allen I991:48). Mimesis presumably links theatre with sin and blasphemyin "mocking" nature and God. Spectacle calls the very nature of truth into question by exaggerating it. Believers ask what performances o Jesus Christ and his apostles saw. Popular perception has held that it is a short step from selling one's body onstage to selling it offstage (Allen T 1991:50). Some feminists have allied themselves with the Religious Right against exotic dance. Carole Vance reports, "Fundamentalist and antiporn feminist attacks on art share more than rhetoric and tactics: both seek to reshape attitudes toward sexual imagery as part of a wide program of political, social and legal reform" (1993:39). Put simplistically (following
Jaggar 1983 andJaggar and Rothenberg 1993), "neo-
Marxist" feminists see women's choosing to become dancers as the result of economic coercion: dancers are held captive through high wages in exchange for abasement and abuse by men. "Radical" feminists believe that the basis of male dominance is male control of women's sexuality. "Socialist" feminists view contemporary sexuality in terms of capitalism and male dominance. These feminists want to protect women from falling victim to male "lust" (a perspective with 19th-century roots) or exploitation (a 20thcentury view). They see images in which women become the object of the "rapacious male gaze" in a patriarchal society as the principal cause of women's oppression (Ellis et al. 1988). They consider the moving images of exotic dance for male sexual gratification as degrading and subordinating, making women vulnerable to violence.
Guardians of so-called "family values" believe the "enemies of society" include exotic dancers. The Religious Right targetsthe body as a surveillancezone central to the operation of power.
WHISPER, "Women Hurt in Systems of Prostitution Engaged in Revolt," claims that exotic dancers are the butt of verbal and physical abuse, they have disadvantageous economic arrangements (see economics section below), and that clubs serve as recruitment bases for drug use and prostitution (Giobbe 1993). A University of Minnesota student, who stripped for 13 years in 15 different states before quitting in 1994, found in her survey of exotic dancers that they may sometimes be abused (Holsopple 1995). Founder and Director of the Council for Prostitution Alternatives, Susan Hunter, without having visited exotic dance clubs, calls them "an environment of terror" (1993). As is the case for women in other occupations, dancers have been stalked, beaten up, or killed by strangers, jilted lovers, and jealous husbands.
FirstAmendment 55
Looking back to the mid-I9th century, many in the feminist movement had antipathy toward female sexuality and the burlesque dancer. These feminists agreed that if women were going to achieve sexual equality, they had to control sexual passion and carefully regulate, rationalize, and channel it exclusively into procreation.
Response to SpecificChargesaboutExotic Dance

Many exotic dancers rebut the charges of immorality, objectification, violence, subordination, involvement in drugs, pornography, and prostitution, economic exploitation. They say the groups hostile toward dance disregard their right to free speech and occupational choice, dismiss their ability to think for themselves, and are patronizing and condescending. Deborah Clipperton, a former exotic dancer in a women's studies doctoral program, critiqued contemporary feminist discourse on exotic dance: "How can someone constructed as an object be seen as initiating art? This is exclusively the province of a subject" (1994:4). She rejects the feminist thinking that is: still permeated by moral values regarding sexuality that developed in the early Victorian period. [...] Women were ideally sexually pure, although the representation of men as sexually aggressive countenanced the development of the double standard of morality. (1994:6) Moreover, Clipperton argues that the dancer participates in the dance experience. Clubs usually have mirrored stages and some have TV screens projecting stage performances. The dancer displays her own body "clearly also for her own pleasure, [...] viewing as well as being viewed. [...] The audience also witnesses this stripper very much in relationship with herself" (1994:6).
56 Judith Lynne Hanna
Exotic Dancers'Strategies
For attracting customers: - physical appearance(makeup, hair, nails, costume, cosmetic surgery) - eye contact
smile perfume dance movements dance gestures
display "private parts"

energy personality artistic expression creativity talk listen to customer
For self-empowerment: - freedom to control own business - express sexuality through choice and manner of movement
celebrate the female
choose focus for erotic messages during stage dance choose target for solicitation of personal dances narcissisticself-viewing, autoeroticism entice approbation-gaze and money-of customer
Dancers have commented unfavorably on the immoral sleeping-around of secretaries and schoolteachers. They have damned the hypocrisy of society, which labels strippers immoral (Boles 1973:157). Indeed, many exotic dancers speak of having limits to how they will dance and conduct themselves. In some cases dancers ostracize those who fall beneath their standards. Exotic dancers have also defended their occupation on the grounds of values, art and entertainment, celebration of the female body and sexuality, selfempowerment, and economic opportunity. A dancer in Boston's Two O'Clock club spoke of "a set of values-having to do with glamour, money, a certain kind of poise-which can be shared by any man with more than just a few bucks to burn" (in Angier I976:I3). Some dancers claim they perform services with socially redeeming value, such as "listening to customers like an analyst would, but often for less money, and satisfying men who might seek sensual excitement elsewhere" (stockbroker in Seattle club). Moreover, as Elaine put it: "Exotic dance provides work for some women who would otherwise prostitute, be homeless, or be on welfare." Many contemporary exotic dancers agree with old-timer Coty Lees: "What I do is still an art. I'm up there because it's the closest I'll ever be to the theatre" (in Angier 1976:76; see also Sundahl 1987). A survey of exotic dancers revealed that they considered themselves to be entertainers rather than strippers per se (Boles I973:157).
Some exotic dancers pay homage to the gods of love, Eros and Venus, and celebrate female beauty and fecundity in their performances. A dancer said, "'Stripteaseis our one shrine to sexual feeling and the enjoyment and celebration of sexual feeling for its own sake"' (in Dragu and Harrison 1988:9). The
FirstAmendment 57 nude body can be a statement about nature, honesty, innocence, and intimacy. Some dancers honor the vagina, passageway of life for everyone. The physical workout and the narcissisticor exhibitionist thrill of being admired and desired also draw some women to exotic dance. Women can fantasize about being the most beautiful woman in the world (Angioli 1982;
Halperin 198I).
Dancers rebut the charge of female dancers being subject to more abuse than women commonly experience in society writ large, for example, in law offices, corporations, automobile plants (Grimsley I996),8 the Navy, and the Army. A stockbroker/dancer in Las Vegas experienced sexual harassmentnot in clubs but in her former brokerage firm, including a man dropping his pants. Some exotic dancers say they learn how to handle verbal insults while they perform. The staff at many clubs protect the women from physical harm. Common replies to male insults are, "cocksucker," "motherfucker," and "what does your mother charge?" Oldtimers tell newcomers what to say if they spot a man masturbating:"Put it away and save it for later" and "do up your pants; I'm being paid, you're not." The threat of a customer's physical assault or touching dancers is handled this way at the Rockin' Rodeo, Walnut Creek, California: "A patron is supposed to wave money in the air, whence a girl will come over and straddle his lap [,...and] the guy must keep his hands behind his chair, while an enormous bouncer looms over him flashing a light into his face" (Arnold 1995:8). In most clubs a bouncer forcefully removes disrespectful customers. Dancers may smack or kick the offender or yell. According to Misty, insults are offset by compliments: "I don't think that there is a single part of my body about which I haven't received flattering remarks, from small ear lobes to expressive hands, white teeth to attractive feet, luscious mouth to tiny waist" (1973:203). A certified public accountant who danced at Papagayos in Bellevue claimed: I was treated better in the club than in the accounting office where I had formerly worked and experienced constant harassment.Besides, I like being an independent entrepreneur. I work when I want, and earn money by doing a stripteaseon stage and then table dancing, which for me is primarily sitting with wealthy professional and business men who just want to talk. Exotic dance as subordination, disempowerment, and sexual exploitation? Some young women see exotic dance as antiestablishment, a feminist act, and a strike against patriarchy-making it pay. Voyeurism is not done against the woman's will; rather it is made possible through her willfulness. In everyday life women are watched, like it or not (Berger 1972). Men, too, are objects of the gaze of men and women in the perpetual athletic domain. Many dancers feel psychologically and economically empowered when "crazy bastardspay money to goggle at your body." Nancy said, "It is an interesting dynamic to have almost total control over a man and his wallet by manipulating him with your sexual energy." Exotic dancers direct the gaze, determine the degree and length of exposure of parts of the body (Lewin I984:73-74), and choose with whom they will talk, sit, and try to sell a table dance. Nettie says that being an exotic dancer: allows me to deal with some of the "abuses"I experienced as a teenager. I had no control over my situation, and I was totally miserable. Dancing allows me to be in control of the exchange and to set my own limits and terms regarding what I will and will not do.
58 Judith LynneHanna Here is Misty's perception of exotic dancer empowerment: One woman, and from a few to a few hundred men, all wanting her, desiring her, lusting after her. For a few moments she rules them. In a sexual relationship, the woman is always strong at the moment when the man most desires her, and she is holding back; but once she succumbs to him, she is at his mercy for her physical release. This does not happen in stripping. Man remains with his need and woman walks out on him.
(1976:204)
Exotic dancers in Eugene, Oregon, told anthropologist Patty Kelly that they felt empowered and not sexually exploited. The problem they faced was not degradation but societal stigmatization, the way their neighbors and family viewed them (I995). Not surprisingly,in American society dancers gain in esteem when people learn of their high income. The liberal defends women's freedom to control their own exotic dance business without state interference, police harassment, or male dominance. These feminists say the dancers can decide if, when, and under what circumstances they feel exploited. Attacks against exotic dancing eerily recall the rationalization of totalitarian countries that eat away at human rights. Kate Ellis, BarbaraO'Dair, and Abby Tallmer defend exotic dancing on these grounds: Looking historically and cross-culturally,we see that when sexual expression is confined to the private sphere, women become more vulnerable to sexist practices, and women's concerns have a harder time claiming space in the realm of public discussion. Such silencing too easily serves, and has served in the past, to impose restrictions on women's behavior when it does not conform to the standardsof a "community" hostile to the development of women's autonomy and self-expression. (Ellis et al.
1988:8)
Feminists for Free Expression (FFE), founded on the tenet that the right of free speech is a prerequisite to attaining gender equality, notes that women are exploited and harassed in all fields: "Exploitation will stop when it is vigorously prosecuted everywhere it occurs," says Wendy McElroy (1995:98). She asks two pointed questions. First, "Why is a naked female more of an 'object' than a clothed one?" And second, "If women's choices are to be trashed, why should radicalfeminists fare better than other women?" (I995:108). Issue 3: Exotic Dance and Economic Freedom and Constraints Infringements of the First Amendment sometimes stem from economic arguments: exotic dance clubs economically exploit exotic dancers, and exotic dance clubs cause economic harm to the neighborhoods in which they are located. Although many dancers benefit economically, others are exploited and "corsetted" in this way. But valid and reliable evidence for adverse secondary effects is lacking. Dancer Benefits Earning money is undoubtedly the primary motivation for exotic dance, as for most work. Dancers may receive tips for dancing while onstage, circulating through the club after their show, asking customers for tips or, when soliciting tips is prohibited, if they would "'like to contribute to the juke box
money'" (Demovic
1993:22).
In some clubs, dancers circulate
among the
FirstAmendment 59 seated patrons to sell a table dance or other kind of personal dance for usually $I0 to $20 per three-minute song and possibly, in addition, receive tips. The amount a dancer earns depends on the club, state of undress, type of dance movements performed, and customer's inclination. The economic arrangementsbetween dancer and club employer often benefit dancers. Many clubs hire dancers as independent contractors. Some dancers who earn income from tips and selling dances do not pay the club anything but they do tip the DJ, bar, and "house mom" (who assistswith costumes and problems). Other dancers either pay a daily fixed rate, "rent," to the club for the opportunity to work there, and they tip the staff, irrespective of earnings. Sometimes dancers pay a percentage of their earnings to the house. At some clubs, dancers also tip the doorman, who is both publicist and gatekeeper. Clubs may pay dancers a salaryand let them keep all of their tips and other income or require that they give a percentage to the house. Payment of social security, health benefits, insurance, and sick pay is rare. So too is a generous boss, like one in New Orleans, who loans dancersmoney interest-free in medical emergencies, or pays the rent (club and apartment)when a dancer cannot. Exotic dance is a potential avenue of social mobility for some women from the lower socioeconomic class. Performers can earn enough money to put themselves through college and graduate school or invest in a business. With a premium on youth and physicality, the life span of an exotic dance career, as for most forms of dance and athletics, is short. Some exotic dancers work only long enough to increase their economic opportunities (Mattson I995). More than half of all full-time students work an average of 25 hours per week; an exotic dancer can earn more money in fewer hours than students working in the usualjobs available to them. Of course, some young women who earn inordinate sums of money for the first time in their lives spend it all on clothes, travel, drugs, and boyfriends. Dancer-Club Conflict Both exotic dancers and club owners are opposed to infringement of First Amendment rights. But they may disagree over the distribution of income derived from exotic dance. Each side wants to make as much money as possible, and the owners-usually male-have the upper hand. This supports the argument that exotic dancers are exploited. Another view is that the exploitation of exotic dancers is part of the widespread exploitation of women and workers in American society as a whole. Conflict exists (I) among the exotic dancers, (2) between exotic dancers and club owners, and (3) between club owners and the U.S. Department of Labor and Internal Revenue Service. A key issue is whether exotic dancers should be employees (receiving minimum wage and being eligible for unemployment, workers compensation, disability, antidiscrimination, and antisexual harassment benefits) or independent contractors (as tenants, paying the club to use its facilities, choosing their own work schedule and manner of performance, being paid in cash, and being responsible for reporting their income). The club payment charged to exotic dancers and the club rules are often at issue. In Seattle, the clubs do not serve alcohol; their entry fee is between $5 and $io; soft drinks are $5. Elaine told me: I usually earn $200 a day. Others earn $600 to $0ooo a night. I got tips of $Ioo for my stage performance. [...R]egulars [...] come in once or twice a week. They are loyal; they like my personality. Boeing engineers, attorneys, real estate agents, and businessmen are clients.
60 Judith Lynne Hanna But Elaine paid $13,000 in "rent" to the "house" in one year. Each day she paid $70 rent and tipped the DJ and bartender, $5-Io each, irrespective of her earnings. She explained that dancers where she worked did not get paid for onstage performances."Sometimes I've danced 30 or 40 times. The house wants performances whether or not there are customers; sometimes there are only a few girls working." To my surprise,there are no signs in the entryways of many clubs I visited that say the exotic dancer's only compensation comes from table dancing and tips. Some DJs may say this during the course of the evening. Club managersmay schedule more performersthan needed and the dancers compete for the few customersavailable.Some dancersare in debt to the house. Elaine's friends in the business in Texas, Florida, and Vegas did not have such high "house" fees. In Texas, an exotic dancer pays $25: $5 each to the club, doorman, DJ, waitress, and bartender. In Florida exotic dancers tip the waitress $5 and give management $20. These clubs, however, sell alcohol. In Washington, DC, some exotic dancers pay $15 rent daily to the house; some clubs pay less than minimum wage. Management may set take-it-or-leave-it house rules, with a stream of young women often at the dam ready to take a vacated place. Rules may include requiring dancers to buy costly costumes, change their bodies surgically (breast implants cost $4,000), suffer penalties for breaking rules, and compete with each other through management overbooking or competitions. Competitions may lead to more sexually explicit behavior than is customary. Women's grievances with management are usually difficult to resolve; management often fires and blackballs exotic dancers who complain. In Seattle, two exotic dancers could not rally their peers to go to management about working conditions the dancers all complained about among themselves. However, in a comparatively small club in New Orleans, the dancers stuck together. "Because members of this subculture feel negative pressure from out-group members, they have a magnified sense of solidarity when compared
to other occupational groups" (Demovic I993:I9). Unified, the dancers have
not shown up for work until a grievance is resolved. Each night's earnings is a big loss for the club, and it takes time to recruit new dancers. Two San Diego women led a successful effort to organize topless dancers into a labor union (National Public Radio I995). Tara had been dancing at the popular Pacer's club for six years when she hurt her knees on the job. Knee injuries occur from dancing on four- to six-inch heels for eight hours per shift. But when Tara hurt her knees on the job, the club's management discouraged her from filing for worker's compensation. Surgery cost her over $Io,ooo. Subsequently, dancers rebelled when Pacer's management imposed "a house dance fee" of $5 for each hour they worked. Management considered a dancer's performance the club's product and therefore, the club was entitled to some of the dancer's earnings. However, the dancers were earning minimum wage, $4.25 an hour, so the $5-an-hour fee meant they were, in effect, paying to work and losing income. The exotic dancers affiliated with the Hotel and Restaurant Employees Union; in retaliation the club fired the union organizer. A group of about six dancers kept the pressure on management, picketing outside the club in between their performances. The upshot was that management and the dancers agreed to a one-year contract, but the controversy about the house dance fee is in court. The exotic dancers have since decertified the union. In 1997, the Oakford Inn, Philadelphia, exotic dancers voted 3I-6 to reject unionization while the Alaska Exotic Dancers Union affiliated with the Teamsters Union, AFL-CIO. In San Francisco two dancers filed a wage grievance with the California labor commissioner's office against the Bijou Group, Inc., for treating dancers as tenants-independent contractors. Under
FirstAmendment 6I California law, the club's control of the means by which work is accomplished meant that the dancers were employees (the IRS also considers dancers to be employees if an employer sets up the means and details of performance). The corporation, which the dancers say exceeds $I.9 million a year in profits, declared bankruptcy in order to avoid paying the dancers' commission-ruled back wages and refunding rent collected. In January 1996 the clubs began to pay the exotic dancers minimum wage. The dancers, blackballed from performing in the Bay Area, founded the Exotic Dancers Alliance to promote improved working conditions for dancers. Equal Employment Opportunity Commission cases of sexual harassmentand discrimination of female dancers are also charged against the Bijou Group. In 1990, exotic dancers sued the Solid Gold in Minneapolis for violation of labor laws and settled out of court. In 1991, dancers sued the Deja Vu Club and settled. The federaljudge in Reich v. Pryha Corporation (I995) decided for the exotic dancers as employees rather than as contractors at the Cabaret Royale in Dallas. If upheld, the decision will cost the proprietors millions of dollars (DeWitt I995). Some ex-exotic dancers, too old or too heavy to get work, are trying to make what money they can from their past. They are bringing class-action suits against clubs for employee status and back wages and house fees. For example, in San Francisco a 4I8-member class-action suit is pending againstthe Mitchell Brothers' O'Farrell Theatre for in excess of $7.5 million. The Independent Dancer's Association (IDA), formed in October 1996, with 155 of the approximately I60 women who perform at the theatre, is challenging the plaintiffs. IDA members do not choose to waive their rights to control their work schedule, breaks, stage persona, choreography, and music, to sue the employer if hurt on the job, and to take tax write-offs for business expenses as independent contractors.They point out that worker's compensation would pay little and health benefits eligibility requireswork for one hour more than part-time. The clubs and some exotic dancers argue that, like a store tenant, a performer commits to a period of time when she will be at the club to perform a specific kind of work. The club exerts control to the extent of enforcing certain rules of conduct mandated by local, state, and federal law. The existence of exotic dance is at stake. By law, artists are exempt from employee status. It is the artist status that gives exotic dance First Amendment protection against adversarieswho want to eliminate it. It is noteworthy that the issue of differential wages for male dancers also exists. For the "cock's dance," men earn higher wages than female strippers. "Club managers, who are usually men, respect them for their high earnings and success with women. Their image is positive, upbeat and charged with good will [...]" (Dragu and Harrison 1988:79; see Dressel and Petersen 1982; Arnold and Margolis 1985).9 Adverse Secondary Effects Some businesspersons (and some others with an economic stake) worry that exotic dance clubs create adverse secondary effects that hurt the local economy and thus render the First Amendment protection moot. The clubs' presence is presumed to depreciate property values and increase crime (and the cost to fight it). However, planner (AICP) Bruce McLaughlin's research since 1988 on the impact of exotic dance establishments in various cities and counties-for example, in California, Florida, Georgia, Minnesota, Missouri, New York, Ohio, South Carolina, and Washington-finds no evidence for such negative effects and, therefore, no need for regulation. In Bellevue, Washington, the high school had the highest crime rate! Moreover, there
62
Judith LynneHanna were multiple killings by local teenagers in 1994 and I997 in this wealthy,
piney city of 103,000 people (Goldberg 1997).
In other studies showing crime in an area where there is an exotic dance club, it is unknown if the clubs were opened in areasalready in decline, if the clubs caused the decline, or if a third factor was causal (see Danner 1996). "In order to properly determine whether the Adult Use causes 'adverse secondary effects,' it is necessary to review comparative demands for police service, and comparative property values in the areas of the Adult Uses and in a series of
control areas" (McLaughlin 1994:15 and I995).
Businesses, such as those in Boston's Combat Zone and Baltimore's Block, have a vested interest in controlling crime near their exotic dance clubs. Businessmen, who are key customers, are not attractedto establishmentsin neighborhoods where they are likely to be robbed or killed. The increased number of clubs signifies prosperity for business and income for localities. In 1995 Rick's Cabaret International, based in Houston, became the first publicly traded exotic dance club to be on Nasdaq, with I.6 million sharesselling for $3.00 each. Robert L. Watters, the company's owner and president, believes the club to be a legitimate part of mainstreamcorporate America: during a 60-day period in 1994, the club turned up 584 separateuses of corporate credit cards issued by Fortune 500 Companies and some by governmental
agencies (AVN 1995). Rick's is opening another club in Minneapolis in I998.
Concluding Comments Both the U.S. Constitution and an anthropological conception of dance as demonstrates communication and art provide a public place for exotic dance. Foucault, 12-14. Janille her moves at the 1720 Roberts, and Turner help us understand a unique collision of interests that Club. (Photosby Chris goes beyond exotic dance to reveal key aspects of American culture. The U.S. Constitution, within Roberts's conceptualization, is Dame) the predominant cultural value, the overriding framework, the "normative map," within which controversies over exotic dance play out. The controversies lay bare the way mainstream U.S. culture 'I ||II _lt|| feels about sex and power relations between men and women. Fear of sexuality is emblematic of polite society's reticence to acknowledge sex at all. Sexuality is suppressedand yet accepted and exposed. Patriarchy and capitalism confront exotic dancers' challenges. In the contested terrain of quality of life, the law serves at the same time as handmaiden against and in support of exotic dance. Exotic dance is a lightning rod for cultural/legal and political conflicts in the U.S. over what exotic dance is and its moral, social, and economic implications. As a form of expressive communication, and within the realms of dance and art, exotic dance is protected by the First Amendment, against which many laws are evaluated. Laws against exotic dance advocated by particular religious, feminist, and economic groups strip the FirstAmendment and corset the exotic dancer. These groups view exotic dance as harmful sexuality, as exploitative and denigrating to women, and as the cause of crime and property depreciation. Some opponents of exotic dance argue for overriding the First
pW
FirstAmendment 63
Amendment with one or two other amendments to the Constitution. The Twenty-First Amendment permits the regulation of establishments that serve alcohol. The Fourteenth Amendment, which requires equal protection of the law, is the umbrella for the claim that exotic dance harms women, an historically vulnerable population, and is a form of discrimination.
Laws against exotic dance advocated by particular religious, feminist, and economic groups strip the First Amendment and corset the exotic dancer.
Motivating religious opponents of exotic dance is their fear that the dancers will create a negative social environment. Dancers are the "diseased body"
and "carrier of disease within the civil society" (Allen I99I:I28). The sexual-
ity of exotic dancers is threatening because, according to the "inerrancy" of the Bible, women are supposed to submit to the husband. There is also fear of temptation into "sin"-men spending family money and, once sexually aroused, subjecting their wives to unwanted demands for sex. Feminists who oppose exotic dance fear that exotic dancers being "the object of the lustful male gaze," or economically exploited, rebounds to all women. Thus patriarchy and its capitalism, they assert, keep all women in bondage. Civil libertarians, "liberal" feminists, exotic dancers, and economic studies rebut charges against exotic dance. The body as object of intervention, in Foucault's terms, also becomes construed as a subject in exotic dance. Concepts embodied in certain feminist views and law support this position. Supporters of exotic dance point out that adult women who choose are often conflated with women and girls who are coerced against their wills and surrender volition.
64 Judith LynneHanna Fantasy is the touchstone of exotic dance. Dancers create fantasy and customers imagine their dreams. Communities, too, create fantasy when decision making is supposed to be based on fact. Judges are not exempt either. For example, the State of Washington Supreme Court decision (1997) misstated facts in U.S. Supreme Court and other decisions that provided the basis for its ruling against an exotic dance club.'? Interference with the exotic dancer's freedom of expression qualifies as harm under the First Amendment. Ironically, some exotic dancers found that decisions against censorship can affect them negatively. An example comes from Ontario, Canada, where in 1994 the courts ruled that lap dancing does not offend community standards.Certain exotic dancers had difficulty adjusting to lap dancing and were driven out of the business while others organized against it. Even though exotic dancers oppose censorship, typically against things sexual, some believe it has "unleashed the owner's power to exploit women." So they organized in favor of "regulations that limit their behavior in order to protect them[selves] from the excesses of patriarchal capitalism"
(Clipperton 1995). In 1996, Ontario's highest court ended lap dancing.
Fantasyis the touchstone of exotic dance. Dancers create fantasy and customers imagine their dreams. Communities, too, create fantasywhen decision making is supposed to be based on fact.
As Foucault informs us, and this article illustrates, the human body, the instrument of exotic dance, is historically and politically inscribed. The struggles over exotic dance reflect Turner's four phases of social drama: Segments of the community believe exotic dancers breach their norms of sexuality. Crises arise when localities enact ordinances stripping the First Amendment and corsetting the exotic dancer. Schisms follow as clubs and dancers challenge the restrictive laws against them in court, moving through the appellate process as necessary. Turner's alternative fourth-phase possibility of reintegration would be possible in the exotic dance social drama if fact and openness to individual choice were to override ideological positioning and militant efforts to create a divinely inspired Christian nation. There remains much to learn about the exotic dance social drama and its participants,the bases for decision making on related issues, on human sexuality, and on the impact of various actions related to these matters. Studies that clarify the viewpoints of the participating factions and their conflicts can illuminate the dynamics of normative ordering in American culture, social and legal change, dance performance, and freedom of expression. Moreover, such studies can inform city and county planning and the making, challenging, and adjudicating of laws." It is time to cease stripping the First Amendment, corsetting the exotic dancer and patron, and tying up the community and to promote equality of opportunity for everyone. Notes
I. This article is based on paperspresented at the First Amendment LawyersAssociation Summer Meeting, Chicago, Illinois, 19 August I995, and the Annual Meeting of the AmericanAnthropology Association,Washington, DC, 22 November I997. 2. In my American Civil Liberties Union (ACLU) case against the federal government honorariumban, the Supreme Court overturnedthe ban in I995 on the basis of violating FirstAmendment rights. As a civil servantworking at the U.S. Departmentof Education, I felt it wrong that government employees were forbidden from receiving
First Amendment payment for articlesor speeches they wrote on their own time and that had nothing to do with their government work. They could work at McDonald's or clean toilets! Reactionsto my work have been diametrically assistance! opposed.Lotsof offersof research However, "writingabout sex is seen as writing about oneself" (Manderson1992:451). I have received anonymouslysent religioustractson saving my soul, a newspaperreporter askedme, "Whatis a person like you with 'impeccablecredentials' doing studyingstriptease?"and my dean refusedto sign off on a proposalto the Law and Society Programof the NationalScience Foundationto furtherstudythe exotic danceNIMBY problem. Unless otherwise noted, interviews with dancers were conducted from 1995 through 1997. As requested,surnamesare withheld. The Supreme Court consists of a ChiefJustice and eight AssociateJustices. Six are necessaryto constitute a quorum. On I 5 July I996, after considering my testimony in City of Seattlev. DarcyPoole,et al., a jury overturnedobscenity chargesagainst13 exotic dancers. In the post-Madonna era, the esteemed ABC television program N.Y.P.D. Blue showed a districtattorney and her detective fiance showering together in the spring of I995. The following season, a pair of detectives appearednude, this time in bed simulating sexual intercourse. The U.S. Equal Employment Opportunity Commission accused the MitsubishiMotors Corporation in Normal, Illinois, of allowing male employees to sexually harasshundredsof female workers-to engage in repeated"groping, grabbing,and touching," use abusive sexual language, require sexual relations as a condition of employment, and force women's resignationsif they complained. This is like what Kelly Holsopple says took place in exotic dance clubs. Moreover, despite the claim that the male strip show promotes equality and liberation for women, the performance actually recreates traditional gender roles of males as dominant (Arnold and Margolis 1985). The State of WashingtonSupremeCourt decision refersto UnitedStatesv. NationalTreaUnion(I995), which I initiated (see note 2). The U.S. SupremeCourt insuryEmployees validateda regulation prohibiting federal workers from receiving any compensationfor speaking engagements.But the State of Washington Supreme Court decision says, "By of payment dancersmay receive, contrast,Bellevue places no restrictionon the amount and thus, does not effectivelyforeclose a reasonable means of earninga living" (1997). communities benefit when planning decisions are compatible with conCash-strapped stitutionallaw and preclude costly $Ioo,ooo litigation through hired outside counsel at taxpayerexpense.
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4. 5. 6. 7.
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Judith Lynne Hanna received a PhD in anthropologyfrom Columbia University, an MA in political sciencefrom Michigan State University, and a BA in political science from UCLA. She is currently a University of Maryland Senior Research Scholar as well as an expert court witness in exotic dance First Amendment and related cases nationwide. Her landmark books include To Dance Is Human (University of Chicago Press), Dance and Stress (AMS Press), Dance, Sex, and Gender (University of Chicago Press), and Dance, Intelligence, and Education for the 2Ist Century (Human Kinetics Press, scheduledfor 1998).

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Undressing the First Amendment and Corsetting the Striptease Dancer Author(s): Judith Lynne Hanna Source: TDR

Corsetting Striptease Dancer

An Anthropologist in Strip Clubs and Courts

1. Exoticdancers oftenrely greatlyon tipsfromcustheirincome. tomersfor Posedwith Gabrial,an

Judith Lynne Hanna

Judith Lynne Hanna

4-6. Shelby,an exotic

DC, demonWashington, strates the vocabulary of exoticdance.(Photoby Chris Dame)

the head and looking

Some Exotic Dance Movements

Exotic Dance Customers

Judith Lynne Hanna

7.-1 . Dancers createse-

54 Judith LynneHanna -, (illl --;g M

Response to SpecificChargesaboutExotic Dance

56 Judith Lynne Hanna

display "private parts"

In some clubs, dancers circulate

Judith Lynne Hanna A VN I995

"South Pointe Rises, Topless Club Goes Public." A VN (Adult VideoNews)

Goldberg, Carey "BellevueJournal:Family KillingsJolt a TranquilTown." New YorkTimes,3 1997

1995 I996a I996b 1998

"The Power of Dance: Health and Healing." Journal of Alternative and

68 Judith Lynne Hanna

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