Below are two things that AANR is keeping an eye on. We really can't do much about Rule 52. We can be prepared for HB 132. Legislators like to tack on amendments. We will keep you posted on these and any other situations that come up.
Rule 52
A couple of weeks ago, my assistant David Bowling forwarded a brief description of "Rule 52" to you. As he explained the rule is administrative by the state's alcohol authorities rather than an actual law (although it has the effect of law.) The rule regulates nudity where alcohol is licensed to be sold and various parts of the rule were held unconstitutional in the past. Today's update is that the "new" incantation of the rule---supposedly to change the parts ruled unconstitutional but in reality changing very little---has recently received a "regulatory recommendation" to move forward to implementation. The strong belief among insiders is that it will be instantly challenged by the adult entertainment community on the same grounds as before. That pattern, while puzzling, is relatively common among states. It gives regulators something to crow about in trying to "clean things up," while having little effect other than to cost adult businesses the price of a lawsuit. There is relatively little to be done from the nudist / naturist community on this one.
HB 132
HB 132 is really a re-visit to a subject we saw last year in HB 531-- trying to head off abuse and incest in the home by regulating "abusive nudity" also. As drafted, HB 132 (introduced by Ohio Rep. Setzer) only prohibits nudity in the home among minors when it is done for the purpose of sexual stimulation and the wording makes that quite clear. However, because even minor changes (like deleting the "sexual stimulation" criteria) could turn this innocuous bill into a "no-nudity-in-the-home" rule quickly, it has been placed on the proverbial "watch for unusual activity or amendments" list. HB 132 appears to be being fostored on behalf of Care House, a shelter for battered women and abused children.
Keep in mind also that Ohio allows "carryover" between one year to another in two year "biannual" periods. We will be watching this one for a while...
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Ohio updates on pending anti-nudity legislation
Posted - 10/31/2003 : 12:27:58 PM
