September 23, 2003
(Updated) Young Creatives Take OLCC Ban On Underage Performers To Court
Note: This post has been updated. Any and all updates appear at the end of the original post.
For some background on this, see my OLCC Declares War On Underage Musicians and 'Young Creatives' Target OLCC, both from earlier this year.
According to today's Oregonian, "a dozen 21-and-younger performers have signed on to a lawsuit filed in the Oregon Court of Appeals by the American Civil Liberties Union, which argues that the OLCC rule violates free-speech protections under the state and federal constitutions."
The case, which could affect hundreds of underage entertainers in Oregon, is the latest legal challenge against the OLCC, and could help reshape the state's traditionally fierce protection of speech and expression.
More narrowly, the case pits budding artists who want to build reputations as musicians, stand-up comics or dancers against a state regulator whose job it is to keep minors away from alcohol. That was particularly hard to enforce, alcohol regulators say, when strippers too young to drink legally could dance at bars for a strictly 21-and-older clientele.
Jon Stubenvoll, an OLCC spokesman, says the liquor control agency opted to ban all underage entertainers to stay within the boundaries of the constitution.
According to the paper, petitioners include "two former nude dancers who are younger than 21; two underage members of an Irish dance group; several underage musicians and their parents; and club operators."
There's more background on this matter via the Portland Online MusicNet.
Update
Forgot to mention that Phil Stanford's column in today's Oregonian has some background on how this OLCC rule came about to begin with:
Earlier this year, in response to a series of columns by the Big O's popular columnist, Margie Boule, the OLCC adopted a regulation -- now popularly known as the Margie Boule Rule -- intended to stop nude dancing by girls under the age of 21. ... As Margie told them in her column, it was really quite simple: All they had to do was ban the sale of alcohol in establishments where there was nude dancing by underage girls. Rather than lose money, the various establishments would let the girls go, and that would be that. ... Never mind that under Margie's plan, the girls would then just go to work at "lingerie modeling studios," where the action is, if anything, a bit seamier. ... But leave it to the OLCC to screw things up. ... Instead of following Margie's legal advice, they banned performances by all entertainers, including musicians, under the age of 21-- which is unfortunate all the way around, court watchers say, because the current law, being either stupid or unconstitutional or both, is about to be overturned by the Oregon Court of Appeals.
Update
Here's the Statesman Journal on this. It's a good piece and should be read in full.