Spitcauer v. County of Los Angeles

HERNDON, Acting P. J.

Plaintiff appeals from the judgment denying her the declaratory and injunctive relief which she seeks in this action wherein she challenges the validity of ordinance No. 8253 of the County of Los Angeles. Section 1 of this ordinance expressly declares its objectives, and sets forth the findings upon which it is based, as follows:

“The Board of Supervisors finds that there are, in the unincorporated territory of the County of Los Angeles studios in which models pose in the nude and semi-nude; that such studios are not patronized by serious and legitimate photographers or artists but rather by

persons who are interested in pornography,

either commercially or as amateurs, or

who have a morbid sex interest which is gratified in this manner.

The Board of Supervisors further finds that the prohibition of such studios (unless a part of an institution of higher learning authorized to give diplomas) is necessary

to control pornography, perversion and prostitution.”

(Italics added.)

By its terms this ordinance prohibits and provides criminal

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punishment for the operation of “studios” wherein models “pose for the purpose of being sketched, painted, photographed or purportedly photographed, drawn, sculptured or otherwise similarly depicted in the nude or semi-nude by persons who pay a fee, or other consideration, or compensation, or gratuity, for the right or opportunity so to depict the model or for admission to, or for permission to remain upon or as a condition of remaining upon the premises; or any premises where there is conducted the business of furnishing or providing or procuring for a fee, or other compensation, or consideration, or gratuity, models to be sketched, painted, photographed or purportedly photographed, drawn, sculptured or otherwise similarly depicted in the nude or semi-nude.”

The ordinance defines the term “model” as “any person, male or female, who poses to be sketched, painted, photographed or purportedly photographed, drawn, sculptured, or otherwise similarly depicted.” The phrase “nude or semi-nude” is declared to mean “completely without clothing or with partial clothing, but with any public [sic] area exposed or with the breasts exposed by a female so that the nipples thereof are exposed.”