Though she’s been an adult entertainer since the 1980s, Kimberly Kupps is currently best known as half of the Florida couple who were arrested for shooting porn in the privacy of their own home. Like me, Kimberly operates her own independent porn site, so it’s a case that definitely caught my attention. Some sex workers mistakenly view porn as legal, easy, and even dismiss it as “sex work lite,” because supposedly, those of us who make porn don’t break any laws and face no risk. As a pornographer, even if you are trying to stay within the bounds of the law and don’t shoot anything “extreme,” you can find yourself dealing with an obscenity prosecution, as Kimberly and her husband have learned this summer.
The pair was arrested on June 3rd by their local Polk County Sheriff, who is going after them as a part of a war on porn to clean up the conservative area. (Sheriff Grady Judd is also facing a federal civil rights lawsuit for allegedly harassing another local woman for her atheist organization.) Kimberly and her husband are being represented by well-known first amendment attorney Lawrence Walters. Walters is donating part of his fee, but there are still plenty of costs being incurred with mounting a strong legal defense, so Kimberly has set up a defense fund. Although their computers were seized by the police, Kimberly recently took the time to do an interview with me from her iPhone.
What you need to know before reading the decision:
1) Prostitution is legal in Canada. However, so many activities surrounding prostitution are illegal that there are very limited ways to practice, and virtually no way to practice what we would call “safely”—minimizing the likelihood that you are going to get raped, robbed, assaulted or killed. That is a weird conversation since in so many other workplaces “safety” often means “how to avoid eventually getting carpal tunnel” or “how to avoid having hurt feelings.”
This past August, Texas’ Supreme Court upheld the 2007 “pole tax.” Also known as the “stripper tax,” it is a $5 per patron entry fee that is supposed to go towards low-income health insurance and assistance for victims of sexual assault. Currently there are an estimated 169 strip clubs in Texas (according to TUSCL, it’s closer to 200), and proponents of the new law allege that the revenue will provide $2.5 million annually to rape-survivor programs.
Since its passage in 2007, the tax has been tied up in court battles. The Texas Entertainment Association sued in 2008, stating that the proposed tax would be a violation of the First Amendment. At first the appellate courts upheld that argument, but that decision was reversed by the court’s ruling. In Justice Hecht’s deciding argument, he wrote “The fee is not aimed at any expressive content of nude dancing but at the secondary effects of the expression in the presence of alcohol.”
2. New Zealand Brothel Worker Wins Sexual Harassment Case
New Zealand’s Human Rights Review Tribunal awarded damages in March to a woman who had filed a sexual harassment case against a Wellington brothel owner.