Stripper Law

The kids here only look this happy because there are strippers off camera.

A mom reportedly hired strippers to show up at her 16-year-old’s birthday party, and she’s being charged with a crime. This is why we can’t have nice things. Shouldn’t kids learn how to objectify women in a controlled and safe environment with adult supervision, or do you really want them learning that stuff out on the street from Hannah Montana?

New York mom Judy H. Viger allegedly hired strippers to perform at the bowling alley where her son was having his party. The strippers allegedly performed lap dances. Viger was charged with child endangerment; her lawyer claims that she will cop to a plea. Child endangerment!

Like “I’m going to beat you with this switch” endangerment, only instead of a switch the kids got hit with fake stripper boobs….

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* Earlier this week, Verizon faced off against the Federal Communications Commission in a net neutrality battle royal before the D.C. Circuit. Next time, make FiOS work before trying to get a do-over on the way the internet runs. [New York Times]

* “I see my job as an air traffic controller. And I see an unending line of airplanes.” Federal judges are buckling under the heavy weight of their caseloads, and from the sound of it, they’re not at all happy about the situation. [National Law Journal (sub. req.)]

* Which Biglaw firms strike the most fear into the hearts of their opponents when it comes to litigation? One firm got the boot from last year’s list, and we’ll have more on this later today. [Law360 (sub. req.)]

* Duane Morris is the first U.S. firm to open an office in Myanmar on some prime real estate. Be jealous of their associates as they bask in the splendor of its beautiful architecture. [Philadelphia Business Journal]

* A trio of Quinn Emanuel partners, including John Quinn himself, teamed up to open a high-class sushi joint in L.A. If he waits tables, he’ll definitely need someone to break a hundred. [Am Law Daily (sub. req.)]

* The Sixth Circuit affirmed the dismissal of a former student’s suit against Thomas M. Cooley Law School, and now he’ll have to live with shame for all eternity after being branded a cheater. [Law360 (sub. req.)]

* Strippers aren’t independent contractors, they’re employees entitled to minimum wage, says a judge. Taking off their clothes for only $7.25 an hour will do wonders for their self-esteem. [New York Daily News]

* Lady Gaga is being taken to trial over the wage-and-hour lawsuit filed by her former personal assistant. We wonder if the pop star will be as foul-mouthed on the stand as she was in her deposition. [ABC News]

Let’s discuss your case.

A judge probably shouldn’t frequent a strip club. Forget all the arguments about the morality of strip clubs, or the need for judges to adhere to higher standards, or how the human brain can’t sustain that many playings of Girls Girls Girls by Mötley Crüe, the place is just crawling with people bound to show up in your courtroom for one reason or another.

But if a judge is going to frequent a strip club, it’s hard to top this judge’s style. He allegedly leveraged his legal know-how into sleeping with a dancer. Not bad. Better yet, instead of the clap he earned only a disciplinary complaint.

There’s no justice in the champagne room…

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Should the parties choose to string this case out to trial on the merits, the Court encourages reasonable discovery intercourse as they navigate the peaks and valleys of litigation, perhaps to reach a happy ending.

– Chief Judge Fred Biery of the Western District of Texas, denying a preliminary injunction sought by strip club owners in San Antonio who are challenging city regulations that would require bikini tops instead of pasties to avoid stringent licensing requirements.

(The Chief Judge produced over seven pages of genius double entendre. Check out the full opinion, which he entitled “THE CASE OF THE ITSY BITSY TEENY WEENY BIKINI TOP V. THE (MORE) ITSY BITSY TEENY WEENY PASTIE,” after the jump….)

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Springfield, Massachusetts, is a city that’s home to the Basketball Hall of Fame, and my alma mater, Western New England University School of Law. I had the (dis)pleasure of living in Springfield for five years, and from earthquakes to tornadoes to purse snatchings, I thought that I had seen it all. Boy, was I wrong!

Apparently I escaped the slums of downtown Springfield just in time to avoid a stripper explosion (not an actual stripper explosion; that would be glittery and fabulous). No, as you may have heard over the holiday weekend, there was a massive natural gas explosion in Springfield that leveled a strip club, damaging numerous other buildings in the city’s entertainment district, about two blocks over from my old apartment.

At first, no one knew what could have caused the gas leak that triggered the blast, but now fingers are being pointed every which way. This may sound like a 1L Torts hypothetical, but who’s liable for the explosion?

Did the strippers grind so hard on the pole that they ignited a spark that set the blaze? Did the babies shrieking in the daycare center next door to the strip club (yes, seriously) inspire a childcare worker to light a match and burn that mother down?

Let’s get some insights from our readers on who will be held ultimately responsible for this calamity….

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Megyn Kelly

* Should attractive women in the legal profession be offended when complimented on their appearance? Or should they instead engage in “the strategic use of their own sexuality,” to quote the New York Times (citing a federal judge)? [Shatter the Glass Ceiling]

* Speaking of attractive women lawyers, what do people think of when they think of Megyn Kelly? [New York Magazine]

* MOAR RANKINGS — this time of the most influential law reviews. Yeah, you know you wanna click. [Witnesseth via Tax Prof Blog]

* Everything’s bigger in Texas — including the allegations of prosecutorial misconduct. [Dallas Morning News]

* In other news of alleged government misconduct, a former SEC staffer claims the place was rife with sexual tension and professional backstabbing. [Thomson Reuters News & Insight]

* Might a strip club be a more hospitable workplace than the SEC? Strippers just secured a $13 million settlement in a wage-and-hour class action lawsuit. [In House / Findlaw]

Last month, we discussed an interesting case that was pending before the New York Court of Appeals, the state’s highest court. The question presented: whether an adult entertainment club is entitled to a sales tax exemption for admission and lap dance fees under the theory that these dances qualify as “dramatic or musical arts performances.”

Flying with the speed of boobie tassels attached to a stripper gyrating furiously around a pole, the court handed down its ruling just a few short weeks after oral argument. Here’s what the court held….

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Here is an excerpt from Manhertz v. State, handed down on October 9 by the Georgia Court of Appeals:

Specifically, Joyner explained that she met a dancer at a strip club, who went by the stage name Paradise. After a brief conversation, Paradise asked Joyner how she was employed, and Joyner informed her that she worked as an assistant manager at an apartment complex. Paradise responded by informing Joyner that she had a friend named Kane, who would pay $1,000 for tenants’ names, social-security numbers, driver’s-license numbers, and copies of signed checks. Joyner agreed to do so and later provided Paradise with the requested information. However, Joyner asserted that she was never paid any money. And although Joyner claimed that she went back to the strip club on one or two occasions in an attempt to collect the promised payment, she was unable to find Paradise — no doubt finding little comfort in the axiom that “solitude sometimes is best society.” [FN2]

Keep reading for the fun footnote….

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Chief Justice Roberts: he ain’t evolving.

* In light of Chief Justice Roberts’s historic vote to uphold Obamacare, should we expect JGR to be more liberal going forward? According to Jeffrey Toobin, author of The Oath (affiliate link), “Do not expect a new John Roberts. Expect the conservative he has always been.” [Talking Points Memo via How Appealing]

* Law firm staff layoffs: they’re not just an American thing. Slaughter and May is dropping the ax on 28 secretaries. [Roll On Friday]

* “[A]ny robot or high school graduate can calculate numbers in a matrix to arrive at the highest possible sentence. But it takes a Judge — a man or woman tempered by experience in life and law — to properly judge another human being’s transgressions.” [Justice Building Blog]

* Professor Dershowitz’s $4 million Cambridge mansion? Robert Wenzel is not impressed: “if I lived in that house, I would want to attack Iran and most of the rest of the world, also.” [Economic Policy Journal]

* A man sues a strip club, alleging that a stripper ruptured his bladder when she slid down a pole and onto his abdomen. Ouch. [Legally Weird / Findlaw]

* Still on the subject of Torts, two attractive blonde sisters walk into a bar — and discuss who can be held liable if a man suffers a heart attack during a threesome. Video after the jump….

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Stripping is supposed to be a lucrative profession — just look at all of the law students racing to the poles in the hopes of obtaining gainful employment. And in some states, bumping and grinding on stage while wearing six-inch lucite heels is even considered an artful expression worthy of protection under the First Amendment. Unfortunately, two lawsuits in New York and Texas threaten to sabotage the erotic striptease entertainment that we’ve all come to know and love.

New York’s highest court is currently considering whether an adult club is entitled to a sales tax exemption for lap dances under the theory that they qualify as “dramatic or musical arts performances.” Meanwhile, in the Lone Star state, a plaintiff in a federal class action suit claims that strippers are misclassified as independent contractors and being forced to live on tips alone.

Now that we’ve greased the pole, let’s get ready for a feature performance from both of these suits….

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