Artist Suing Police for Violating her Constitutional Rights
(b) Employment or use of any person who touches, caresses or fondles the breast, buttocks, anus or genitals of any other person, or who is so touched, caressed or fondled by another person.
(c) Employment or use of any person to wear or use any device or covering, exposed to view, which simulates the breast, genitals, anus, pubic hair or any portion thereof.
(d) Employment or use of any person to perform acts of or acts which simulate sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law.”
McDonald maintains her performance addresses “gender issues, sexuality, gay rights, and politics…no part of the evening’s performance was obscene,” and that the police violated her constitutional rights to free expression, equal protection and due process.
The ACLU reported a statement from attorney Deborah Ferguson, Co-counsel to the ACLU on the case: “Idaho’s alcoholic beverage laws are unconstitutional because of the limits placed on free speech and artistic expression in Idaho. We are asking the court to strike down the statute so that Idahoans have the opportunity to enjoy the arts without government censorship,”
The lawsuit is filed in federal court. The ACLU seeks an immediate injunction to prevent the law from being enforced.
Tags: american civil liberties union, Anne McDonald, begerage laws, constitutional law, Idaho, lawsuit, police, Visual Arts Collective
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