Friday, August 24, 2012

Enforcing AVL Ordinances EQUALLY

I wrote the following letter to the AVL City Council, County Commissioners, local law enforcement (Police & Sheriff), and the City Legal Dept... oh, and the local ACLU.

But it seems none of them care about this violation of local City ordinances which mandate a $500 permit fee to expose naked breasts, nor does anyone seem to care about the CIty violating the 14th Amendment in NOT enforcing the law equally.

Not only that, but our Asheville City officials apparently still claim they have "no legal way to stop a topless rally".

Can anyone say, "SELECTIVE ENFORCEMENT"???  There — I knew you could!




Enforcing AVL Ordinances EQUALLY

Dear local City of Asheville & Buncombe County representatives, Law Enforcement, and City Legal Department:

There is a so called "protest" coming up on Sunday, Aug 26 that I would like to draw your attention to, in regards to a legal matter.

Upon hearing various arguments regarding this "" event, I published a blogpost entitled "Right to Public Indecency?", which addresses the REAL issue of rights being violated — OUR rights as taxpayers to walk in PUBLIC without being forced to witness "public indecency.

As I continued to consider how the City of Asheville is allowing this event to happen by permit, I began to think about the current City ordinances which prohibit women from revealing particular areas of their breasts, unless they pay a $500 fee each year.

You see, I know about this ordinance because back in 1991/92 when I ran the nightclub 45 Cherry, I was fined a great deal of money for having a ladies show at my facility wherein some of the ladies performing elected to violate our contract and not obey this new local ordinance.

While I was — and still am — in opposition to such an ordinance disguised in a cloak of "moral concern" (but really about money), I also realize that the City of Asheville cannot legally impose certain ordinances upon some, and not upon others:

State & City ordinances are to be enforced EQUALLY among ALL citizens, otherwise violate the Fourteenth Amendment of the US Constitution.

So now we have a non-local business coming to our City in order to parade topless women in our PUBLIC streets while violating our civil rights, and they are somehow being pardoned from paying the fee of $500 for each woman participating.

Folks, this is a blatant violation of the Fourteenth Amendment and is a slap in the face to all local women who are forced to pay the $500 fee each year in order to do the same exact thing — local women who support our local economy!

Beyond the blatant Fourteenth Amendment violation, it makes no sense whatsoever to force local businesses and performers to comply with such ordinances in their PRIVATE businesses where no one is forced to enter, but allow anyone to parade topless in PUBLIC without incurring the "fee" for such "permit".

The City of Asheville must enforce ALL local ordinances EQUALLY or risk a civil lawsuit.

I have also recently been forced to come into compliance of another City of Asheville ordinance found in the UDO, and as a result I am currently facing foreclosure of my home of 24+ years.

Therefore, I ask local government:  If these non-locals are not going to be forced to obey local ordinances, why should we locals obey them?  If this happens on August 26 without enforcing this local ordinance, will this now set a legal precedent that local ordinances are optional?  Seems to me that it will!

And if this "GoTopless" event is allowed to continue without their paying the same fees that locals have to pay, then I personally want my money back from the fines I had to pay back in 1992... and I'd be pretty certain that every single local woman who has paid their share of fees for decades will also want their money back as well, and will no longer be obliged to pay the fee.

Further, doing so will set the legal precedent that We the People who live in the City of Asheville are no longer required to obey ANY City ordinances — either EVERYONE obeys them, or NO ONE obeys them... it's really that simple.

Below my signature are excerpts from the applicable City of Asheville ordinances, their web links, and with my notes.

I look forward to hearing back from you ASAP.

Thank you for your time,


bernard baruch carman
* * *
* * *
- truth seeker/seeder • • ∞Liberty
infinity games ∞ audio/Mac specialist

City of Asheville "Adult Entertainer" ordinances

(I've bolded applicable terms in the statutes, along with my notes.)

Sec. 9-26. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Business includes each trade, occupation, profession, business and franchise taxed under this article.
Seasonal means a business that is conducted for profit six months out of the year or less.

Sec. 9-29. - Persons required to pay tax.
Each person who conducts a business within the city is subject to this article. A person "conducts a business" when he engages in one act of business taxed under this article. He conducts the business "within the city" if he maintains a business location within the city or if, either personally or through agents, he:
Solicits business within the city limits; or
Picks up or delivers goods or services within the city limits.

• NOTE: By these local legal definitions, the GoTopless organization IS in fact operating as "Seasonal" during the so called, "GoTopless protest", soliciting business within the Asheville city limits by advertising themselves and their website, upon which it sells wares on their Shop page for profit.

Sec. 9-172. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Adult establishment means an adult bookstore, adult motion picture theatre, adult mini motion picture theatre or adult live entertainment business as defined in this section.
Adult live entertainment means any performance of or involving the actual presence of real people which exhibits specified sexual activities or specified anatomical areas, as defined in this section.
Adult live entertainment business means any establishment or business wherein adult live entertainment is shown for observation by patrons.
Entertainer means any person who provides entertainment within or at an adult establishment, whether or not a fee is charged or accepted for entertainment and whether or not entertainment is provided by that person as an employee or an independent contractor.
Specified anatomical areas means:
Less than completely and opaquely covered:
Human genitals, pubic region,
Buttock, or
Female breast below a point immediately above the top of the areola; or
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

• NOTE: By these local legal definitions, the "GoTopless" organization/business IS a form of an "Adult establishment" (nothing in the statute specifies a "building" as part of the definition) because it provides "adult live entertainment": there IS a presence of real people exhibiting "specified anatomical areas", which include the entire female breast.

Sec. 9-173. - Application for licenses.
Business license.
It shall be unlawful for any person to operate or maintain an adult establishment in the city unless the owner or operator thereof has obtained an adult establishment license from the city. It shall also be unlawful for any person to operate such business after such license has been revoked or suspended by the city or has expired.
It shall be unlawful for any entertainer to knowingly perform any work, service or entertainment directly related to the operation of an unlicensed adult establishment within the city.
It shall be prima facie evidence that any adult establishment that fails to have posted, in the manner required by this article, an adult establishment license, has not obtained such a license. In addition, it shall be prima facie evidence that any entertainer who performs any service or entertainment in an adult establishment in which an adult establishment license is not posted, in the manner required by this article, had knowledge that such business was not licensed.
Entertainer license. It is unlawful for any person to work as an entertainer at an adult establishment without first obtaining a license to do so from the city, or to work as an entertainer at an adult establishment after such person's license to do so has been revoked or suspended by the city or has expired.

Sec. 9-180. - Violations and penalties.
Any person violating any provision of this article shall, upon conviction, be guilty of a Class 3 misdemeanor and be punishable by a fine not to exceed $500.00 or imprisoned for not more than 30 days. Each day such violation shall continue shall constitute a separate offense.

• NOTE: By these local legal definitions, BOTH the owner of the adult establishment AND the entertainer of the adult establishment are required to obtain licenses, otherwise be fined accordingly.