87-1308 WHITE - CITV CLERK ' � -
PINK - FINANCE G"ITY OF SAINT YAUL
` C4NARV - DEPARTMENT • COUflClI (�� _ /�� /7J
BC'JE -'MAV R Y Y
� `; File N 0. �� �'
. /
. � � �n�nce Ordinance N�. 17��J�'
Presented By .,2-
Referred To Committee: Date
Out of Committee By Date
An Ordinance amending Chapter 277 of the
Saint Paul Legislative Code pertaining to
video and film booths in movie arcades.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section l .
That Chapter 277 of the Saint Paul Legislative Code be and is
hereby amended to read as follows :
277.01 Intent. It is the intention of the . Saint Paul
City Council that no movie arcade , as that term is de-
fined in this chapter, shall have or maintain fully
enclosed or concealed viewing areas or booths and to
discourage unhealthy or illegal sexual practices among
its patrons.
277.02. Findings. Based upon the written material and
the testimony presented to the City Council at its public
hearing on this proposed ordinance, the City Council
makes the following findings :
(1 ) There are significant public health and safety
concerns created by the occurrence of masturbation
and sexual acts within enclosed booths .
(2) There is an increased danger to patrons and to
employees posed by the presence of body fluids as
to which they could come in contact. The danger
is the potential for spread of the AIDS virus and
the Hepatitis B virus , among others.
COUNCILMEN Requested by Department of:
Yeas Nays i
Drew ��
N��os�a [n Favor —
Rettman J
Scheibel
Sonnen Against BY
Tedesco
Wilson
Form Appro e by City Attor
Adopted by Council: Date
Certified Passed by Council Secretary BY
By
Approved by Mayor: Date Approv b Mayor for Submission to Council
By By
� . . . . , �.�r��o�'
� �7Y��
( 3) The unsanitary condition of the booths as
described by the police and by the Health
Division are intolerable in any event.
(4) Existing adult bookstores or movie arcades
within the City have private viewing booths
wherein adult-oriented videos and movies can
be viewed privately. These booths are equipped
with doors capable of being locked from the
inside.
( 5) The viewing booths were reported to be in a
filthy condition, with body fluids (semen)
on the floors , walls , doors and screens.
(6) In the booths there were messages soliciting
all types of sexual activities . These messages ,
often with telephone numbers or other means of
contact, were written on the walls or doors of
the booths.
(7) The City Council finds and concludes that this
ordinance is an effective remedial measure de-
signed to deal directly with the law enforcement
and health and safety issues.
277.03. Definitions. As used in this chapter, the
following terms shall have the meanings ascribed in
them:
Film or videotape viewing device means any electrical
or mechanical device which projects an image or visual
display using film, videotape, video disk or other
reproduction material .
Movie arcade shall mean any place to which the public
is admitted, or any public place , wherein one or more
video viewing devices are operated or maintained to
show still or moving images on a video or film viewing
device.
277.04. Doors on viewing areas. All viewing areas or
booths in movie arcades must be accessible from a
continuous main isle. No part of any door or other
enclosure of a viewing area or booth shall be less than
2.
WHITE - CITV CLERK •
PINK - FINANCE 1
CANARV - DEPARTMENT COUIICII �./'/�
"BIUE ��- MAVOR CITY OF SAINT PAUL File NO. � �
. • .
Ordindnce Ordinance N O. f 7�7�
Presented By
Referred To Committee: Date
Out of Committee By Date
24 inches from the floor. Any door or enclosure
existing as of the date of the adoption of this
ordinance shall be altered to remove the lower
portion thereof so as to be in compliance with
this section.
277.05. One person to a booth. No more than one
person shall be permitted to enter or remain in a
viewing area or booth at any time.
277.06. Interior Lighting. The interior of the
viewing area or booth shall be lighted at all times
so as to permit viewing the interior thereof from
the main isle.
277.07. Clean and sanitary. The viewing areas or
booths shall be maintained at all times in a clean
and sanitary manner and the owners or operators of
the movie arcade shall seek the advice of the Division
of Health, Community Services Department, as to the
manner in which to accomplish provision.
277.08. Violations. A violation of this Chapter
shall constitute a misdemeanor and shall be
punishable in the manner provided in section 1 .05
of this code.
Section 2.
This ordinance shall take effect and be in force thirty
days from and after its passage, approval and publication.
3.
COUNCILMEN Requested by Department of:
Yeas Nays � —
Drew
Nicosia [n Favor
Rettman
s�ne'bei �_ Against BY
�iee..�
�edseeo(�pR1
Wilson m
SEP � �F 1���, Form Approve b City Attorne
Adopted by Council: Date ,
Certified Pa s ouncil Se BY
By -
^ Q�+T ' � �9p� Approved y ayor for Submission to Council
Appr � by Mayor: D t ti
B BY
PUBIISl�ED !.��T 10 1987
� ��� �� ��a�
� `�"` '��`'�� � CITY OF SAINT PAUL
;���,,, o,�.�
J �4�� �;�'•'
"'" OFFICE OF THE CITY.ATf NEY
>, y
�° ����-��►� . /��lr�
� "��1�.��1�� =' EDWARD P. STARR, CITY ATTORNEY
• '"'„ Q 647 City Hall, Saint Paul, Minnesota 55102
��__
612-298-5121
GEORGE LATLMER .
MA1'OR
August 24, 1987
William Wilson "'
Council Member 'i'Ir �; �
.,,-,�
Seventh Floor �� � ` '�'�7/
City Hall
Dear Council Member Wilson: "
I wish to submit to you a report of the status involving the
recent litigation over the Saint Paul City Ordinance which
required that video booths be open and that the doors be removed.
On Thursday, August 13 , 1987 the Fed�ral District Court issued
a temporary restraining order prohibiting the City from enforcing
its newly enacted ordinance regarding the removal of the doors
from the movie booths. The trial and hearing for a permanent
injunction was to be held on Monday, August 24th.
The Plaintiffs in the case have agreed to settle their lawsuit
upon the terms and conditions which I had discussed tiTith you
on Friday and which are as follows :
The Saint Paul Ordinance would be amended so as to requii^e
that at least 24 inches of the lower part of doors on video �
and movie booths must be rer�oved and may not be covered. The
proprietors will not permit more than one person at a time
to be allowed into a video booth and they shall maintain the
. interior of the booth in a well lighted manner so that the
' , interior can be observed from the hallway. These three conditions
will be contained in the ordinance amendments which will be
considered and adopted by the City Council .
In addition to the above, the operators of the video arcades
, shall deve�c�p a daily program to maintain the booth areas in
• a clean and sanitary manner and shall do so in consultation .
, with the Health Division of the City of Saint Paul . And. lastly,
. the owners shall cooperate with the City' s Health Division
in allowing the Division to provide information on health pro-
tection and to place educational materials inside the book
stores or theaters for the use � of the public . The Plaintiffs
will agree not to claim reimbursement for attorneys expenses ,
fees or other disbursements.
m,,;. . ;l�;,. , �wd«. ,. ..
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A� eement
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cut ori �iorii� _
movie d rs
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3taff WNter
A constituti�al c�nfroata�iOII
ti
over whether adult movie booth
doors in Sk Paa1 shonid be�rn'I
cloe�i was settled Monday with a��
novel a�eemen�
The dty of �. Panl agreed to .
amend its new ordinanc�e reqniring '
the removal of doors on adnit mov-
ie bootha if the owners of the Fanst
Theater and the I)ale iTniversity
Book Store cut 84 inches from the
bottom of the doors. �
Attorneys for the�city and own-
ers discloged tLe settl�nent of a
_ lawsait 61ed by the adnit tiusiness-
es at a brief hearjng bef�e U.S.
Djstrict Judge Harry MacLanghlin
in Minneapolis.
�.,�,,�,•�,;�+��f���s�sssi�as��s��s�sa�xifs����u�s��s;i��s� The oaners also ap,n�ed to allow „�nsrs����}���„.�s�s��s�.}s=�s��������<�ssr����
,...._.. . ........ . . ..... .. ... . .. ...< .. .. , ..� „ , ,. �ly one custon�er at a t3ane to en- . <, ,.r�s�
te� each of the 75 booths in the
Faust and book atore, and
promysed to k�p the booths�l�n
and well �ighted. The owners also
a�ceed to work aith S't.Panl City
Health Department offidals to
' - ����A .
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' Co��tinued hom Page 1A (of the original law),which was to
pass out safe=�ez i�ormati�. try to eliminate any opportunities
MacI,aeglin lifted a temporary �P�na having sex in these pnb-
order blocking enforcement of the lic places;'Segal said.
original law. Assistant City Attor- Attorney Randall CB. Tigue
ney Jerome Segal said the city said the c�ompromi�e protected the
waildn't try to enforce it until the oonstitntional rights of his clients
amended versi� is c�oosidered by —bookstore owner Ferris Alezan-
the Sk Panl G�ty Council in ab�t der, Faust Theater owner James
. 60 daY$- Ha�iz and three of their customers. i
Monday's hearing ended a short "I think the interest we sought to
bat p�ssionate challenge to the protect have been vindicated,,,
orig�inal law that was authored by Z�igue said
Coun�cil Member Bill Wilson, who
has sponsored various meas�u�es to �Sue earlier contended the law
clean np adnit entertainment busi- was an effort to harass Lis clients
nesses at University Avenue and �t °f the bus�n�' He �°°t�d�
�e�� . the original law stripped adult
al said the ro movie seekers of what he called
�8 P P�amended their constitutional right to priva-
ordinance has quieted conceras by �y.�e said that an open�oors-
a����°���e only policy would ezpose mo-
angry about reports that sez acts viegoers to nnwanted seanal
took place in the movie booths. advances as well as reveal publicly
«
_ .�;F;�.".sy�� �t. . ... 'aix?i>,S,:b�{�.° r,;5t;+iekf.2f4+�S}f,�iii. �><, ��••u+s?iN.!i�iagSk+4'?t?:;.f'� I think it accomplishes#he goal� .thar sexual prefet^enc�es. . . . .'�:t�iuS�
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- ■wEST sEVENTM N�;HBORHOC�[��'
■MACALESTER-GROVELAND '
■SUMMIT-UNIVERSITY
■HIGHLAND PARK \ , �
■DESNOYER PARK `T�
ST. PAUL PIONEER PRESS DISPATCH
• • •
r inance ma iml
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rno a uslness
By Sean T.KeIIY haods.But some leaders of the Dis- ceeds from the health unit sale
statt w�ter �t:: trict 12 seighborhood that iucludes would have been used to buy the
S� Paul City Council member �►e West Midway industrial area Fanst Theater and to locate a new
Bill Wilson may have fouad a new don't appreciate the gesture. health facility there. Removal of ST��Y
lance in his seemingly quisotic Neighborhoods have consistent- �e Faust would have allowed the p�
campai� to banish pornographic ly spoken out against having this city to exercise a conditional op- ��,� ,t , ST(�p
businesses from neighborhood kind of entertainment in their �on it has to buy the Flick. x���
commercial and residential areas. midst, but the city hasn't done Although the "Mall of Nations" w; �eon►+�
The St. Paul Planning Commis- much about it," Wilson said. remains a concept, the acquisition �i0�
ffion has approved his proposal to "T�t's why I've taken it up as a of the health building did not hap- ,
restrict"adnit"enterprises—spe- ��g�e" pen and the Faust and Flick re- �'
cifically movie theaters, book- Over the years, Wilson has �•��e meantime,Wilson has �b`�` 8 r � � ��
stores and live entertainment—to backed almost any plan to limit, backed a neighborhood picketing ~ F�1RL N�a
industrially zoned areas, where adult entertainment, particularly effort against the enterprises. �` J f
they also must be 1,320 feet apart. plans that protnise to rid his ward Wilson has also pushed an ordi- _�� ,�9aM.
The proposed ordinance is being, of the Faust and Flick theaters at �� that would have eliminated �
forwarde� to Mayor George La- Dale Strcet and Universitq Avenue. nude dancing in "studios" separat-
timer, but his staff may recom- Two years ago,Wilson was elat- � from bars by glass walls, one ��9��
mend that local planning councils ed when a state-sponsored develop- such bar being on the same Dale-
hold hearings before it is sent on to ment known as the "Mall of Na- University inter�ection as the
the city council. tions" was proposed to link �ck and Fausk That proposal was
Wilson said that,far from tilting downtown St. Paul Paul with the �bled by the city counc�l but could
at windmills, he is trying to limit Capitol approach, acquiring the surface again nezt month.
any future adult entertainment de- city's Division of Public Health But Wilson said he believes he is �—�
velopment to the indnstrial areas building in the process. on solid ground this time with the
for the benefit of city neighbor- Under that scenario, the pra Please see Pornography/2 Residents and City Cour
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. �r���
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
THIRD DIVISiON
Gino Bartone, Charles Adkins ,
Robert Witry, James Haviz,
d/b/a Faust Theater, and
' Ferris J . Alexander,
Plaintiffs, AFFIDAVIT OF
, DR. DAVID A. PAULSON
vs .
� File No. 4-8�699
City of Saint Paul , a "
muni.cipal corporation, �
Defendant.
STATE OF IHZNNESOTA 1
) ss .
COUI�TY OF RAMSEY )
DR . DAVID A. PAULSON, being first duly sworn , does hereby
d�pose and states as Follows ; ,
( 1 ) That tie is the Chief Health Officer for the City of
Saint _Paul and has held that position since March of 1979 .
. ( 2) The Saint Pa�l City Council recently enacted an ordinance
�,hich prohibits closed video or movie booths in public places
such as movie arcades or bookstores. This ordinance was based
' upon similar ordinances recently enacted by other cities in ' •
the United States on account of the public health concerns
abaut sanitary conditions in th� booths and the fact that these
public places are used, by persons ta find sexual activities _
�.�ith unkr�o�m persons , thereby making themselves suscep*ibie
-- - -r- --'� - -- -- � - - ..
the pec�sons directly involved, but can also be spread to others
unwittingly. �
( 5) That is a problem of public health concerns. One
way to discourage promiscuous sexual activities in public places
such as movie or video arcades is tc require the removal of
the doors or other coverings . �
� '"/ � �, ,,( ,. � �`�-�-��<< � l:
-�.-r-x � �
. �y�''/� V
DR. DAVID A. PAU�SON
Subscri4ed and sworn to before me . _ _ :��"�;-. '
� �`11 � ���:�-�.�.�;;--�.,:.,.�..��.�. ;
r, � �day of Au ust, 1987 . �.;,''�' Rr,�•-v,^o::�'*Y ;�
�, 1•!71
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UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
THIRD DIVISION .
Gino Bartone , Charles Adkins, ,
Robert Witry, James Haviz,
d/b/a Faust Theater, and
. Ferris J. Alexander,
Plaintiffs , AFFIDAVIT OF
_ CHARLES JAMES LUTCHEN
vs . .
File No. 4-8�-699�
City of Saint Paul , a
municipal corporation,
Defendant.
.
STT,7'E OF 1�1I17I]ESOTA)
) ss .
COJIJTY OF RA1�",SEY )
CHARLFS JAt�IES LUTCHEN , being first duly sworn on oath,
deposes and states as follows :
( 1 ) That he is a Saint Paul police officer , who has been
assigned to patrol the area around University Avenue and Dale
� Street since T�lay 1986.
( 2 ) The Faust Theater is located on the southwest corner
cF Dale and University . Inside the theater is a number of
• T`✓ booths which have doors on them. The booths are small , .
• proUably only large enough for one person. There are a few
� booths placed around a dance floor , the booth area being separated
from the dance area by a glass wall which has a slot in it .
VieUlers pass tips to the dancers who then perform different
. �
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- ,:
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activities requested by the . customer. He has observed what
appears to be sperm on the floor and walls of the booths and
is of the opinion that the viewing patrons are masturbating
while watching the performances or movies . The hallway areas
leading to the booths is monitored by video cameras , but the
monitors are not located inside the booths . Condoms are sold
in the Faust and he is aware that known prostitutes purchase
condoms there.
( 3) The Flick Theater is located on the northwest corner
of Dale and University Avenue. The Flick also has movie or
video booths , and they are larger than the ones at the Faust,
allowing more than one person to enter at one time . There
are also booths from which persons view live dancers. , The
Flick is a knovan gathering place for gay persons , who usual7.y
come after midnight . The Flick is known as a place to find
male prostitutes , and in fact one 16-year old male prostitute
. �ras arrested after making arrangements with a customer at the
Flick , the arrest occurring within the last six months . The
vie��:ing booths are very filthy and much =perm is on the walls
'� and floors . The main floor and basement arPas have a very
pungent odor frcm- the sperm. The walls of the viewing booths
appear to have been repaired many times to cover up what appears
� � to have been "glory holes" . �
( 4 ) That in his opinion the viewing monitors or TV sets
could be placed in the viewing ,rooms in such a manner as only
the pdid customzr could . see the screen. This could be accom-
.
2.
� � . ' . � � � �'/�- �- -/`.�od'
� . . . � . �7�j�',l�
plished by lowering the screen to about 36 inches from the
floor, inverting the screen upward and the patron viewing in
a seated position would bYock the screen with his body. Of
course, this would make it impossible to masturbate in privacy,
as is now possible with the doors on the booths. It is his
. opinion that the only reason a person would want to have the
doors on the booths is to be able to masturbate in privacy.
. %� � � '
/,
� �,, �' �%ti�,.< �t-tt�
. �
CHARLES JAt�fES LUTCHEN
Subscribed and sworn to before me
�
this��day of August , 1987 .
'
J . �
I]otary Publ 'c
� r j
BELYA,I.fLpYp
. �e'' �IM1��A
M1r Cail.D�MIES A1'R.�,iD92
Y �
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. �
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' /74�9�v
UNITED STATES DISTRICT COURS -
DISTRICT OF MINNESOTA
THIRD DIVISIQN
Gino Bartone, Charles Adkins,
Robert Witry, James Haviz,
d/b/a Faust Theater, and
. Ferris J. Alexander,
Plaintiffs, AFFIDAVIT OF
WILLIAM KEITH HENRY,
M.D.
vs. File No. 4-8�-�99*
City of Saint Paul, a � .
municipal corporation,
Defendant.
STATE OF MINNESOTA) •
) ss.
COUNTY OF Rr'1MSEY )
WILLIAM KEITH HENRY, being first auly sworn on oath, deposAs
ar.d states as follow:
( 1) That he is a licensed physician, infectious disease
subspecialist and public health official, who is in charge o� the
A►C� ✓�
� Saint Paul Division of Pu}�lic Health activities and sexually
transmitted disease clinic since January of 1986. _
(2) That Dr. Henry has inspected in detail both thz Faust
� � Theater (located at the southwest corner of Dale and University} '
and the Flick Theater (located on the northwest corner of Dale
and University) on t'�e afternoon, of Auc�ust 19 . Dr. Henry spent
approximately two hours examining the b�oths in the premises of _
both adult enter�ainnent complexes, wit.z particular attention to
0
any public health risk posed by the booths in those �uildi:�gs.
� . � ' �'/'�7= ����
: . � ' 2
(3) In neither of the facilities was there displayed any
prominent information regarding safe sexual behavior and the
possible transmission threat of AIDS or other venereal diseases
posed by unsafe sexual activities. The Faust Theater did have
two small placards, one on each floor, advertising a f�-profit
AIDS screening clinic and there was one small book Ar� one video
at the Faust which had safe sex in their titles. The literature
at the Flick prominently displayed unsafe sexual behavior__
including the highest risk sexual acti��ity for AIDS virus
transmission which is anal intercourse. Anal intercourse is
depicted without any safe sexual messages for both heterosexual
and homosexual audiences. �
(4) The Faust Theater had a fishbowl full of condoms but
otherwise condoms were absent from both facilities due to recent
police confiscation of those items.
(5) A tour of all booths, examined individually including ,
with a flashlight, indicated that approximately 30-40% of them
had evidence for semen on the floor or on the benches, At the
' Elick Theater, all of the seating was for one person only whereas
at the Faust Theater, there were a number of booths that had
seating for two persons. At the Flick Theater, there .were
. • approximately three walls which holes had been placed in at '
either seating level or standing level, the purpose of which
would be to allow a person in o�e booth tc have oral penile sex
with the person in the next booth. All of these holes, however, -
�
were covered very securely at the time of my inspection with
either metal or securely fastened wooden barricades.
� , , � � � 3 ��--�-����
(5) Both theaters had a number of inessages written on the
walls with phone numbers which would al�.ow the reader to connect
with persons seeking various forms of sexual gratification and
including reference to other booths within the establishments for
particular types of sexual activity. During my inspection,
however, I witnessed no coupling of sexual partners and no
juveniles under the age of 21 were witnessed to �e in the
premises.
My overall impressions are that:
1) The primary, but not only, justificatian for doors on
booths would be to allow a movie or live show viewer to be
anonymous during the viewing and to masturbate without being in '
e
public
2) My own observations and conversations with a number of
patients who have been clients at these theaters indicate that �
there is a moderate amcunt of sexual activity that has, and
still, occurs at these theaters between two consenting adults and .
� which usually involves mutual masturbation or oral genital
" contact. The amount of penile-anal intercourse which occurs
would be quite minimal and��is that form of sexual activity which
would entail greatest risk for HIV transmission.
• . (3) It is intuitiv,ely obvious that removing doors from the �
booths would minimize coupling of sexual partners and discourage
. masturbation while viewing the movies.
(4) The actual public health risk from the unsanitary
conditions in the booths� are more visceral than real, and the
� actual risk i� proba�ly quite low and mainly theoretical.
. - � � � Z � ��/�4�
. � . � � � f�ECE�V'�� �7�
RANDALL D.B. �TIGUE A U G °7 �9S 7
ATTORNEY AT LAW T��.,..�s �.. , ti
Nicollet Avenue Professional Building �� I 1 �� a �i�?��,'�
2620 Nirnllet Ave. South •
Minneapolis, Minnesara 55408
Telephone: (612) 8749903
August 26, 1987
Mr . Jerome Segal
Assistant City Attorney
647 City Hall
St . Paul, MN 55102
RE: Bartone, et al v. City of St. Paul,
United States District Court File No. 4-87 Civ. 699
Dear Mr . Segal:
I Y►ave read the draft of the new revised proposed ordinance made
pursuant to our stipulation in the above-entitled matter .
While the ordinance conforms to our agreement, I have two
concerns I would like express to you: �
First i.s that tlie purported "Findings" contained in proposed
�277.02, especially Findings ( 1 ) ( 2 ) and ( 3 ) are not only not
supported by the evidence presented by both parties to the United,
States District Court, but, in most instances, absolutely
contradicted by it .
In particular Findings ( 1 ) and ( 3 ) , indicating significant public
health and public safety concerns concerning masturbation and �
sexual acts, and concerning "intolerable" unsanitary conditions
in the booths, are absolutely contradicted by the city' s own
affidavits. In particular, the affidavit of Dr. William Keith
� Henry, states in paragraph (4) on page 3:
"The actual public health risk from the unsanitary
conditions in the bootrs are more visceral than real,
and the actual risk is probaUly quite low and mainly
theoretical . "
The Findings are also contractory by the city' s own evidence,
submitted in response to interrogatories, that over the past two
years, there has been only one report of unsanitary conditions in
� booths at either establishment, and that report was found to be
unfounded by city inspectors, upon inspection. Concerning the
e
� . . . � � , �,G6�_i��' ,
�7�rG�
c2)
spread of sexually transmissible diseases, Dr. Henry in his
affidavit states:
"My own observations and conversations with a number of
patients who have been clients at these theaters
� indicate that there is a moderate amount of sexual
activity that has, and still, occurs at these theaters
between two consenting adults and which usually
involves mutual masturbation or oral genital contact.
The amount of penile-anal intercourse which occurs
would be quite minimal and it is that form of sexual
activity which would entail the greatest risk for HIV
transmission. "
Dr. Henry also states:
"The overall contribution of these sites to statewide
transmission is minimal but it is disappointing to me
that there is not more educational material prominently
displayed to this select group of clients at both
theaters. The contribution to the booths with doors to
the environment of facilitating unsafe sex on premises
is significant, but it is unclear whether simply
removing the doors actually decreases the overall level
of unsafe sexual behavior or simply displacing ( sic)
. the behavior from the theaters to other sites . "
Finally, with respect to Finding 2, that a danger is posed by the '
presence of body fluids in the booths, as far as spread of the
AIDS virus and hepatitis B virus is concerned, that purported
"Finding" is directly contradicted by the Affidavit of Dr .
. Margaret Simpson of the Red Door Clinic, an affidavit not ,
' . contradicted by any of the city' s experts.
While the agreement we reach with tY►e city does not state
anything with respect to the findings the city may make
concerning the revised ordinance, and while the ordinance is
, plainly consistent with our agreement, we would expect at least a
• minimal attempt at intellectual honesty while making the � ,
. "Findings" in question. That has obviously not been the case.
Secondly, with respect to the criminal liability imposed by
§277.05, the one person to a booth rule, it would be our
understanding that any criminal liability on the part of the
� , : . � � ' ��7��v�
. � � . i ��i� �
(3)
owner or employees of the premises would plainly be subjected to
the rule announced by the Minnesota Supreme Court in State v.
Gumin a, 395 N.W. 2d 344, 349 (Minn. 1986) , in which the
Minnesota Supreme Court stated:
� "We find, in Minnesota, no one can be convicted of a
crime punishable by imprisonment for an act which he
did not commit, did not have knowledge of or give
express or implied consent to the commission thereof. "
With that understanding, $277.05 fully comports with our
agreement .
I trust my comments will be made part of any public record which
the city council will make concerning the adoption of this new
ordinance.
Y urs t ly, °
Randal Ti
Attorney Law
RT/mk
cc: Mr. Ferris A�exander
cc: Mr . James Hafiz
6
, � . . � ��-i�° �
. , � �
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to being infected with sexually transmitted diseases.
( 3) The primary purpose of this ordinance is to provide
protection to the health and safety of the public. The City' s
Health Division has been advised that these booths are not
maintained in a clean and sanitary condition with semen and
� blood on the floor and with glory holes in the walls , and that
the booths are used by people for clandestine meetings for
the purpose of sexual gratification.
(4) A variety of diseases , some life threatening, including
Aid s , herpes simplex II , gonorrhea, syphilis , amebiasis , veneral
warts and hepatitis B, are spread from person to person by
direct sexual contact. Anal sex is known to be a type o�
. '
se�;ual activity especially capable of spreading these diseases.
Sexual contact with unknown persons is known to be a particular
method by which sexual diseases are transmitted. Often these
diseases are aGymptomatic , making the carrier an unknown spreader
of the disease . This is a very important point as victims ,
. then can include not only the person engaged in these activities ,
but their usual sexual partners , inclu�ing their spouses or
o�f-spring. Activities in the book stores not only infect
the pei�sons directly involved, but can also be spread to others
unwittingly.
( 5) That is a problem of public health concerns. One
way to discourage promiscuous sexual activities in public places
such as movie or video arcades is tc require the removal of
the doors or other coverings . � �
i !'f /} �; � r'_J cL: � i j..
__._ ��� �
, .�-✓ �
DR. DAVID A. PAU�.SON
Subscri4ed and sworn to before me :-; "�:-. '
t�� � ���`flday of Au ust, 1987. ;:;�:���:�'r��,- .,;�y^;ry.,�.•. ;
, -v�,.. ,,�a�
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� _ . . � ' �-�7/.�08�
,y���
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
THIRD DIVISION .
Gino Bartone , Charles Adkins , ,
Robert Witry, James Haviz,
d/b/a Faust Theater, and
. Ferris J . Alexander,
Plaintiffs , AFFIDAVIT OF
. CHFiRLES JAMES LUTCHEN
vs . .
File No. 4-8�-699�
City of Saint Paul , a
municipal corporation�
Defendant.
.
STT,'fE OF I�II17ilESOTA)
) 55 .
COJI�TY OF RA1�"SEY )
CHAP,LES JAt�IES LUTCHEN , being f�irst duly sworn on oath ,
deposes and states as fo"llows :
( 1 ) Triat he is a Saint Paul police officer , who has been
assigned to patrol the area around University Avenue and Dale
' Street since f�lay 1986.
( 2) The Faust Theater is located on the southwest corner
cF Dale and University . Inside the theater is a number of
• 7'V booths which have doors on them. The pooths are small , .
proUably only large enough for one person. There are a few
booths placed around a dance floor , the booth area being separated
from the dance area by a glass wall which has a slot in it .
Vie�•lers pass tips to the dancers vaho then perform different
, .
/ /,. �,%, ",
. , /,� . � ;, •.:<-� ,�:.:
• i/
� i
� � ' . . ' . ` �1'/�'°�Y
. _ � ' � i �Yy�'
activities requested by the . customer. He has observed what
appears to be sperm on the floor and walls of the booths and
is of the opinion that the viewing patrons are masturbating
while watching the performances or movies . The hallway areas
leading to the booths is monitored by video cameras , but the
monitors are not located inside the booths. Condoms are sold
in the Faust and he is aware that known prostitutes purchase
condoms there. -
( 3) The Flick Theater is located on the northwest corner
of Dale and University Avenue. The Flick also has movie or
video booths , and they are larger than the ones at the Faust,
allov.�ing more than one person to enter at one time . There
are also booths f rom which persons view live dancers. , Tl:e
Flick is a known gathering place for gay persons , who usually
come after midnight . The Flick is known as a place to find
male prostitutes , and in fact one 16-year old male prostitute
. ��:as arrested after making arrangements with a customer at the
Flick , the arrest occurring within the last six months . The
viei•:ing booths are very filthy and much sperm is on the walls
'� and floors . The main floor and basement arsas have a very
pungent odor fram� the sperm. The walls of the viewing booths
appear to have been repaired many times to cover up what appears
� � to have been "glory holes" . �
( 4 ) That in his opinion the viewing monitors or TV sets
could be placed in the viewing ,rooms in such a manner as only
the pdid customer could . see the screen. This could be accom-
2 .
� • � • � � ' �/�- �/�od`
. . . . � � • �7�y',�
plished by lowering the screen to about 36 inches from the
floor, inverting the screen upward and the patron viewing in
a seated position would block the screen with his body. Of
course, this would make it impossible to masturbate in privacy,
as is now possible with the doors on the booths. It is his
. opinion that the only reason a person would want to have the
doors on the booths is to be able to masturbate in privacy.
. � . �
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�
- - --- - -=--- — --__
CHARLES JAI�fES LUTCHEN
Subscribed and sworn to before me
�
this�_day of August, 1987 .
.
J . �
Ilotary Publ 'c
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. �� BEIYA,I.F1DYD
M�M�Pl�-MAi�TA
w oow.�own��un.a+�¢
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interest in preventing additional AIDS virus transmission which
is fueled by my involvement in the cars of AIDS patients, both
living and now dead. I feel it is imperative to create a
cooperative environment so that at-risk individuals can receive
education to minimize their unsafe behaviors. Removing the doors
or a bottom portion of the doors with lighting will undoubtedly
decrease unsafe behaviors to a measurable extent on premise but I
feel should be an adjunct to an intense educational campaign.
C2i�1� �
WILLIAM KEITH ENRY, M.D.
Subscribed and sworn to before me �
this 21st day of August, 1987 .
_ ,
� � � ., -
, ,c , , ��,I
- :� �� � ��- :*'
Notary Public �
• �,,,�,v.• .
s,�'�. JUORN A. NJWARD $
. ��j� �+Or�ar vusuC-Mi�:n-:r�: r
�h� �s�r couNn
MY a3tJ�M.EXP{ttES w►yE 23. 1934 � .
_ � .
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_______l====`__________________
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'Yeas \ays
DREW .
NICOSIA � �_ �,; %,
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. j SCHEIBEL .
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WILSOv
WEIDA
� PRSIDENT:
, • �. d
. � . � ` . 4 C�,/���-/.��D
It is my opinion that the two theaters facilitate sexual
activity which poses a mild risk to consenting adults regarding
acquisition of sexually transmitted diseases, including the AIDS
virus, on the premises. The overall contribution of these sites
� to statewide transmission is minimal but it is disappointiag to
me that there is not more educational material prominently
displayed to this select group of clients at both theaters. The
contribution of the booths with doors to the environment `�
facilitating unsafe sex on premises is significant, but it is
unclear whether simply removing the doors��ctually decreases the
o� �,,�
overall load of unsafe sexual behavior p� simply displacing the
behavior from the theaters to other sites. It is my feeling that
in 1987 , concerted efforts need to be made to educate persons
attending adult entertainment complexes about the risk to their
health of unsafe sexual behavior. I feel quite strongly that the
owners of these establishments should participate with the City '
Health Department (in conjunction with State Health Department
- agencies and the Minnesota AIDS Project) to prominently display
appropriate focused safe sexual education materials for the
clients. Removing the doors from the booths will likely result
. in decreased masturbation in the booths and a decrease in on-
• premise sexual activity between consenting adults which may carry
a small but actual risk for AIDS virus transmission. Denying
educational materials on these s•ites would to me constitute gross
negligence as far as the� health risk posed by the envircnment �
, created by the theaters. These comments reflect my intense