Pornography and Civil Rights: A New Day for Women's Equality

Not surprisingly, these same people want to be reassured that

their favorite pornography is exempt from the Ordinance.

For example, when men say, You can’t mean Playboy! they are

saying, I use it, I enjoy it, I have a right to it, you are not going

to take it away from me, I don’t care whom it hurts. This

simply means, because I like it, nobody should be able to do

anything about it. It is special pleading pure and simple.

There is necessarily someone who feels this way about every

part of the Ordinance’s definition of pornography.

The broader question the Ordinance poses, then, is, Does

anyone have a right to materials that are produced through

coercion, that wil be forced on others, that are the cause of

assaults, that defame individuals, and that are integral to the

second-class status of half the population? Is anyone's sexuality—however conventional or unconventional, however sincere—more important than the lives that must be, wil be, ground up and spit out in little pieces in the making and use

of the pornography so that the consumer’s sexuality can be

provided with what it needs, wants, or enjoys? Is the sexuality

of the pedophile more important than the freedom from

sexual exploitation of the child? Is the sexuality of the woman

hater more important than the freedom from sexual slavery

of the woman coerced to model for sadomasochistic pornography? for forced fellatio? Is the sexuality of the nice but lonely guy more important than the unequal life chances of

all the women whose lives are endangered, made hollow, reduced a little or reduced a lot, because what he wants he gets?

Is some gay men’s access to pictures of subordinating gay sex

more important than the right of men or boys not to be raped

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Pornography and Civil Rights

or violated so that pictures can be made of them, or the desire

of other gay men to shape a community free of eroticized self-

hatred? The point of considering all these questions at once

is this: if harm is done, and it is based on gender, neither the

particular sex acts performed nor the gender of those who get

hurt should determine whether their civil rights are protected

or not.

Because the particular acts do not change the damage done,

and because harm is stil harm when done by women to women

and by men to men, there is no special exemption in the Ordinance for gay and lesbian materials. We are frankly mystified as well as anguished that there are lesbians who identify with

and defend the pornographers’ woman-hating so-called lesbian sexuality. Al lesbians have necessarily suf ered from the pornographers’ definition of lesbian that is so central to the

violence, hatred, contempt, and discrimination directed

against lesbians in society. Al lesbians, in societies saturated

with pornography must live with the fact that the pornographers have made lesbianism into a pornographic spectacle in the eyes of men.

The Ordinance does not direct itself specifically against

same-sex materials as obscenity law has (with very lit le effect

in the United States). As a mat er of fact, it may be difficult to

persuade courts to apply the Ordinance to same-sex materials for the same reason that sex-discrimination law has been so useless to advancing the civil rights of gay men and lesbians: sex-discrimination law, of which the Ordinance is a part, has been largely obsessed with what it cal s “the gender difference” as defining its concerns. This implicit heterosexual bias to its definition of gender means that it has been difficult for

courts to see sex discrimination in a same-sex context. If the

at empt to apply the Ordinance to harmful gay and lesbian

pornography succeeds, it would provide a precedent that

could be used to apply sex-discrimination prohibitions to

other civil-rights violations of gay men and lesbians. It would

become part of a sexual politics and a civil-rights law that connects a feminist critique of male supremacy with a politics of gay and lesbian liberation.

Questions and Answers

87

Q: What do the American people think?

A: First, we have to tel you that a lot of people haven’t been

asked or haven’t been listened to. The women and children who

have been hurt through pornography—used to make it or had

it used on them in sexual assault—are stil a largely unidentified

population, in part because the pornographers retaliate. We wil

give you just one example. In Minneapolis, women went before

the City Council to say how they had been hurt in or by pornography. The experiences were horrible. They included rape, gang-rape, battery, torture, rape by animals, and more. Subsequently, one nationally distributed pornography magazine

published an article that identified the women by name and used

direct quotes from their testimony—quotes highlighted and

chosen to emphasize graphic sexual violence. As a result of this

article, the women without exception were harassed by obscene

phone cal s, fol owed, spied on, tormented by anonymous notes

and phone cal s, threatened over the phone and by notes and

letters. One woman had to move because her tormentor clearly

fol owed al her movements, including inside her own house.

Those who have the most to tel have good reason never to speak

in public.

Pol s tell us that most Americans believe that there is a causal

link between pornography and sexual violence. In a Newsweek

poll conducted in March 1985, 73 percent of those polled

believed that “sexually explicit” material (the euphemism of

choice in mainstream media for pornography) leads some

people to commit rape or sexual violence; 76 percent said that

this same material leads some people to lose respect for women.

Time magazine conducted a similar poll in July 1986. We

found the questions more confusing, with more vague or

double meanings, than those reported in the Newsweek poll;

but stil the results are startling: 56 percent of al those polled,

and 63 percent of the women polled, believed that “sexually

explicit movies, magazines, and books” lead people to commit

rape; 54 percent of al those polled, and 64 percent of the

women polled, believed that sexually explicit material leads

people to commit acts of sexual violence (apparently as dis88

Pornography and Civil Rights

tinct from rape). The Time poll found that pornography was

much more troubling to women than to men: 50 percent of

women were “very concerned”; only 27 percent of men

figured in this category of highest concern. A total of 61 percent of the people pol ed believed pornography encourages people to consider women as sex objects: 50 percent of men

thought this was true, 71 percent of women.

A survey conducted by the American Bar Association in

September 1984 (in response to the Indianapolis Ordinance)

and published in the ABA Journal in March 1985 queried 600

lawyers, half of whom were ABA members, half of whom were

not. 66 percent of the total, and 82 percent of the women,

thought that some pornography contributes to violent crimes

against women; 70 percent of the total, and 89 percent of the

women, thought that some pornography is discrimination

against women.

The most astonishing and important survey was done by a

mainstream women’s magazine geared largely to homemakers, Woman's Day, in January 1986. 90 percent of the 6, 100 respondents believed that pornography encourages

violence against women. 25 percent said that they had been

sexually abused by someone they knew as a direct result of his

access to pornography. This 25 percent did not represent

those who had been sexually abused in ways not involving pornography; nor did it represent those who had been abused, even if pornography were involved, by a stranger. This is a

staggering percentage of pornography-caused abuse to come

out of this or any other population of women.

80 percent of the Woman’s Day respondents wanted al pornography outlawed. Less than 2 percent of this pool of people thought that freedom of speech was more important than the violence

against women generated by pornography. In the Time poll, 72

percent wanted the government to crack down harder on pornography (no separate figure is given for women). Asked if magazines with nude pictures should be outlawed in local stores, 59

percent said yes—49 percent of men, 67 percent of women. In

the Newsweek poll, 73 percent thought that magazines that show

sexual violence should be totally banned (as compared, for in­

Questions and Answers

89

stance, with 21 percent who thought that showing nudity should

be totally banned). 68 percent wanted a total ban on movies that

depict sexual violence. 63 percent thought that the sale or rental of videos featuring sexual violence should be totally banned.

The ABA did not ask lawyers any questions about total bans.

Instead, lawyers were asked about the Indianapolis Ordinance.

Only 24 percent of those polled thought that the Ordinance

constituted any form of censorship. 30 percent thought it was

overbroad and 25 percent thought it was too vague. Both overbreadth and vagueness would be legal grounds for finding the Ordinance unconstitutional, but neither has anything to do with

the basic principles of the Ordinance itself—so that, for instance, a redrafted version might not elicit these same objections from these same people. (In fact, the Seventh Circuit did not find the Ordinance to be either vague or overbroad. ) 26

percent of al the lawyers polled thought the Indianapolis Ordinance was constitutional as drafted. 30 percent said it would be constitutional as drafted if studies proved conclusively that pornography leads to violence against women. (Presumably, then it would not be “overbroad” or “too vague. ”) 42 percent of the

lawyers fifty-five or older were in favor of the Ordinance.

Al of these polls and surveys have one element overwhelmingly in common: people, and especially women (whether, for instance, in the sample of women lawyers or readers of

Woman's Day) believe, know, understand, that commercially

available pornography causes sexual violence against women.

Q: Why is the Ordinance so important?

A: The Ordinance puts power in the hands of those who have

been hurt by pornography. It recognizes pornography as sex

discrimination: as a source of sexual abuse and second-class

status, especially for women.

The Ordinance brings the harm of pornography into the

light where everyone has to see it and society must deal with

it. It al ows those hurt by the bigotry, hostility, and aggression

caused by pornography to seek legal remedies that are fair.

The Ordinance al ows people to collect money damages from

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Pornography and Civil Rights

the pornographers. The Ordinance allows injunctions against

pornography that has caused social and sexual harm to

women, children, men, and transsexuals. We have to stop the

traf icking and the profits in order to stop the whole system of

abuse and exploitation called pornography. Injunctions narrowly directed against the material that does the harm (causes second-class status, causes sexual violence, is made from coercion in the first place) and money damages wil go a long way toward stopping the pornographers from destroying lives for

profit. The industry, we believe, cannot survive the Ordinance.

Those who defend pornography and oppose the Ordinance

also believe that the pornography industry cannot survive the

Ordinance. Pornographers especially understand this, because they know they cannot create pornography without hurting women and they know that the pornography is used

to sexually violate women and children. They even know that

pornography keeps women’s civil status low, because they

know how much contempt for women is necessary to view violation as entertainment. If they are held accountable for the harm they do, including the harm to women’s civil status, they

cannot continue to produce or distribute their product.

Because the pornography industry cannot survive the Ordinance, you wil hear the Ordinance called “censorship. ” People who say this mean that to them a society without pornography

is one in which freedom is by definition restricted. In a free

society, they maintain, there is pornography. We think that a

society without pornography would be one in which women

especially would have more freedom, not less. We think that

the Ordinance does not take “rights” from anyone; we think it

takes the power to hurt women away from pornographers. We

think that the freedom to exploit and hurt women is no freedom at al for women. We believe that it is wrong to talk about freedom as if everyone has it when women are being violated

for purposes of profit and entertainment. We think we have a

right to freedom from second-class status and sexual abuse. We

think that the Ordinance wil force real social change. We think

the Ordinance wil help us toward social and sexual equality

by stopping an industry built on our pain. We think the Ordi­

Questions and Answers

91

nance is a restrained means of achieving this end. It does not

expand police power. It expands the rights of actual people:

people who want human dignity and civil equality.

The Ordinance challenges the legal system in this country

to recognize the human worth of women.

The Ordinance gives women a forum of authority—the

courts—in which to make arguments in behalf of equality. The

Ordinance gives women a forum of authority—the courts—

in which to articulate the injuries of sexual inequality: what

they are, how they operate, why they must be disavowed.

Final y, the Ordinance gives women who have been treated

like slaves—the women in pornography and the women on

whom pornography is used in rape, torture, battery, and other

sexual abuse—real rights of citizenship. If one’s human rights

are violated and one has no recourse, one has no viable rights

of citizenship. Pornography violates the human rights of

women purposefully and systematical y. The Ordinance provides a remedy that gives women the dignity of citizenship.

Q: How can we pass the Ordinance?

A: The Ordinance can be passed as an amendment to an already existing civil-rights law. Or the Ordinance can be passed as a freestanding statute. If the Ordinance is amended to a

civil-rights law, complaints would initially be made to a civil-

rights board. If the Ordinance is freestanding, a person would

go directly into court.

There are basical y two ways to get the Ordinance passed into

law. One is through legislative bodies: city councils, state legislatures, or Congress. The second is by direct initiative of the voters, popularly called a “referendum. ” In many states and cities,

voters can initiate legislation. First, signatures are collected on

petitions to put the law on the ballot in the forthcoming election.

Once the law is on the ballot, there is a direct popular vote.

Working with legislative bodies, we have found that the

power of the pornographers is both massive and secret. In many

cities, they own big hunks of important real estate and exercise

economic power in municipal governments by manipulating

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Pornography and Civil Rights

real estate, both buildings and land. Newspapers take their side.

They have many legitimate friends with influence, especially

lawyers. They also threaten and bribe politicians.

Working with direct popular voting, we have found that the

pornographers pour money into defeating the legislation and

that newspapers take their side and that they have many legitimate friends with influence, especially lawyers. But they cannot threaten and bribe the whole population. They have less power the more democratic the process itself is.

In Cambridge, Massachusetts, in 1985, the Women’s Alliance Against Pornography (WAAP) conducted a campaign to pass the Ordinance by the referendum process of placing it

on the bal ot to be voted on in the next election. These activists collected 5, 252 certified signatures of registered voters—

over 1, 500 more than were needed under Cambridge’s laws.

Even though every legal requirement for having the Ordinance on the bal ot had been met, the Cambridge City Council voted twice to keep it off the ballot. (Two years before, the City Council had similarly refused to place a “Nuclear Free

Cambridge” proposal on the bal ot. ) In trying to fight this illegal act by lawmakers, WAAP contacted virtual y every politically active human-rights law firm in the Cambridge-Boston area. Not one would act to protect the rights of women for

access to the ballot. Finally, legal representation was found in

Springfield, Massachusetts, 90 miles away, by an all-women

law firm. A member of WAAP, as a registered voter, sued the

members of the Cambridge City Council for an injunction to

put the Ordinance on the ballot. She won, and the City was

ordered to comply with the law and to honor her rights as a

citizen. Unlike the legislative process, the referendum process

provides ordinary citizens with some legal protections.

You can pass the Ordinance either by get ing your elected

of icials to vote it into law or by put ing it on the bal ot so that

all the people in your city or state can vote on it.

Because the pornographers fight dirty, many people are

afraid to chal enge them by initiating this legislation. Politicians are certainly afraid, but so are regular citizens. Many women wil find themselves having to talk publicly about por­

Questions and Answers

93

nography-caused sexual abuse they have experienced. Organizers wil be threatened and harassed. Money is hard to come by for those who want to stop the pornographers while

the pornographers themselves have unlimited funds. Those

who defend pornography are verbally abusive in public dialogue. Once the law is passed, it wil be challenged immediately in court by the pornographers or those who front for them. This means a protracted legal struggle, again without

the legal or economic resources that the pornographers take

for granted. Every cent they use to try to defeat the Ordinance

from being passed or in court they made off of women’s exploited bodies. This makes it especially painful to be poor.

The Ordinance wil never be law unless you decide to make

it law. If you won’t, don’t assume that someone else wil . If you

believe that women have a right to equality and dignity, you

wil probably find the Ordinance a pret y good idea. Then

you have to start working for it. This is not a movement that

has top-down leadership; it is a grass-roots movement, a decentralized movement, a movement that depends on everyone’s courage and commitment. It is a movement that wil succeed or fail depending on you, on what you do or do not

do. The Ordinance represents integrity for the women’s

movement and it is the only source of hope for women hurt

by pornography. The Ordinance is a new way of approaching

civil and sexual equality. It is rooted in a recognition of the

ways in which women are really hurt; it challenges real power.

The Ordinance is the real thing, a legal tool with which feminists can redistribute power and radically alter social policy.

Feminists have been fighting pornography for eighteen

years. Pickets, demonstrations, slide shows, debates, leaflets,

civil disobedience, al must continue. In fact, political dissent

from the world created by the pornographers and their friends

must intensify and escalate. In these eighteen years, feminists

have confronted pornography in cities and towns and villages

and in theaters and grocery stores and adult bookstores everywhere in this country. Passing the Ordinance does not mean stopping direct action; it means more of it. We are not asking

women to cool out and calm down and grow up and talk nice

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Pornography and Civil Rights

to your Congresspeople. On the contrary: we are saying, make

demands. Make them loud. Make them strong. Make them persistently. Make the Ordinance one of your demands.

Q: Can we win?

A: The Ordinance was passed twice in Minneapolis by two

different city councils (an election occurred between the two

votes). Both times, the mayor vetoed it. The Ordinance was

passed in Indianapolis and signed into law by the mayor. The

city was sued for passing the law within one hour after it was

signed by the mayor. The Ordinance was on the bal ot for

popular vote in Cambridge, Massachusetts, where 42 percent

of the voters voted for it. We did not win, but we got a higher

percentage of the votes than feminists did on the first referendum ever held on women’s suf rage.

The Ordinance has already transformed the way people

think about pornography. It is no longer a question of “dirty”

books; it is now a question of women’s rights. For the first time,

the women in the pornography are counted among the

women who must have rights.

This is a long struggle for equality and dignity against a

very nasty enemy. It is a longterm struggle against sexual exploitation and entrenched inequality. We have to win, because the alternative is to give in to systematic sexual abuse of

women as entertainment; we cannot agree to live in a society

that enjoys sexual sadism against us. We have a right to live

in a world premised on our equality and our human dignity.

This is truth time. Do women’s rights really mat er? Do they

really mat er to you? Are you prepared to fight for them? Are

you prepared to make this society change so that your integrity and sense of justice are respected in the real world? How much does the life of the woman in the pornography mat er

to you? How much does the woman who has been abused because of the pornography mat er to you? How much does your own life mat er to you?

This is truth time. We can win if you care enough. Winning

depends on you.

Questions and Answers

95

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Pornography and Civil Rights

Table of Authorities

American Booksellers, Inc. v. Hud nut, 771 F. 2d 323 (7th Cir.

1985), aff’d 106 S. Ct. 1172 (1986) (civil-rights antipornography

law found to violate First Amendment). . . . . . . . . . 58-65, 69, 95

Attorney General’s Commission on Pornography, Final Report

(July, 1986) (evidence on harm of pornography reviewed and

recommendations for action made)............................................. 25

Bogdanovich, P., The Kil ing of the Unicom: Dorothy Stratten

1960-1980 (New York: William Morrow, 1 9 8 4 ). . . . . . . . 69-70

Brown v. Board of Education, 347 U. S. 483 (1954) and 349 U. S.

294 (1955) (racial segregation in schools found unconstitutional;

ordered integrated).......................................................................7-8

Civil Rights Act of 1964 (sex and race discrimination

prohibited)............................................................. 7, 10, 12-13, 14

Dred Scott v. Sanford, 60 U. S. (19 How. ) 393 (1856) (slavery held

constitutional) .......................................... .................................7

Dworkin, A, “Against the Male Flood: Censorship, Pornography,

and Equality, ”9 Harvard Women’s Law Journal 1 (1985)

(subordination discussed in context of Ordinance) ... . . . . . . 39

First Amendment to the United States Constitution (guarantees

“freedom of speech and of the press” from restriction by

government; interpreted to protect freedom of association)

. . . . . . . 17, 19, 21-22, 26, 27, 58-60, 62-63, 68, 78-79, 84-85

Fourteenth Amendment to the United States Constitution

(guarantees “equal protection of the laws”) . . . . . . . . . . 7, 12, 14

Goldstein and Milky Way Productions, Inc. v. Frances Patai and

Women Against Pornography, Complaint, Supreme Court of the

State of New York (Oct. 10, 1984) (pornographer sues feminists

for libel)....................................................................................83-84

Lovelace, L. and M. McGrady, Ordeal (Secaucus, N. J.: Citadel, 1980) (coercion into pornography documented). . . . 42, 47, 69

Malamuth, N. and E. Donnerstein (eds. ), Pornography and Sexual

Aggression (New York: Academic Press, 1985) (laboratory evidence on connection between pornography and sexual aggression

discussed)....................................................................................... 25

Table of Authorities

97

Melendy v. Clinton, et al, Civ. Action No. 85-306, Cmnwlth.

Mass. Supreme Judicial Court (Sept. 27, 1985) (citizen

successfully sues Cambridge City Council to place Ordinance

on bal ot)........................................................................................95

Mil er v. United States, 413 U. S. 15 (1973) (obscenity defined,

held “not speech, ” al owed criminalized against claim of First

Amendment protection)............................................59, 61-62, 68

New York v. Ferber, 458 U. S. 747 (1982) (child pornography

defined as child abuse and al owed criminalized against claim of

First Amendment protection)................................... .............59

Nineteenth Amendment to the United States Constitution

(women granted right to vote) .................................................. 12

Plessy v. Ferguson, 163 U. S. 537 (1896) (segregation found

constitutional)............................................................................7, 9

Playboy Enterprises, Inc. v. Meese, 639 F. Supp. 581 (D. D. C.

1986) (Playboy censors government for inquiry by let er). . . 63

Public Hearings on Ordinances to Add Pornography as Discrimination

Against Women, Committee on Government Operations, City

Council, Minneapolis, Minn. (Dec. 12-13, 1983) (harms of

pornography documented)...................25, 34-35, 47-48, 73-74

Russel , D., “Pornography and Rape: A Causal Model, ” 9 Political

Psychology 41 (March, 1988) (evidence supports causal relation

between pornography and sexual abuse)...................................25

Reed v. Reed, 404 U. S. 71 (1971) (first case to find statute that

discriminated against women violated Fourteenth Amendment;

statute preferred men over women as estate administrators). . 12

Regents of the University of California v. Bakke, 438 U. S. 265

(1978) (serious equality ef orts in medical school admissions

labeled reverse discrimination) ...................................................61

Roe v. Wade, 410 U. S. 113 (1973) (abortion decriminalized as

privacy right) .........................................................................13-14

Stanley v. Georgia, 394 U. S. 557 (1969) (possession of obscenity

in the home protected by right to privacy)..........................14, 27

Zil man, D., Connections between Sex and Aggression (Hil sdale, New Jersey: Lawrence Erlbaum, 1984) (laboratory studies on

connection between sexually explicit materials and aggressive

attitudes and behaviors against women discussed) . . . . . . . . . . 25

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Pornography and Civil Rights

Appendix A

AN ORDINANCE OF THE CITY OF MINNEAPOLIS

Amending Tide 7, Chapter 139 of the Minneapolis Code of

Ordinances relating to Civil Rights: In General.

The City Council of the City of Minneapolis do ordain as fol ows:

Section 1. That Section 139. 10 of the above-entitled ordinance be

amended to read as fol ows:

139. 10 Findings, declaration of policy and purpose.

(a) Findings. The council finds that discrimination in employment,

labor union membership, housing accommodations, property

rights, education, public accommodations and public services

based on race, color, creed, religion, ancestry, national origin, sex,

including sexual harassment AND PORNOGRAPHY, af ectional

preference, disability, age, marital status, or status with regard to

public assistance or in housing accommodations based on familial

status adversely af ects the health, welfare, peace and safety of the

community. Such discriminatory practices degrade individuals,

foster intolerance and hate, and create and intensify

unemployment, sub-standard housing, under-education, il health,

lawlessness and poverty, thereby injuring the public welfare.

m SPECIAL FINDINGS ON PORNOGRAPHY: THE

COUNCIL FINDS THAT PORNOGRAPHY IS CENTRAL

IN CREATING AND MAINTAINING THE CIVIL

INEQUALITY OF THE SEXES. PORNOGRAPHY IS A

SYSTEMATIC PRACTICE OF EXPLOITATION AND

SUBORDINATION BASED ON SEX WHICH

DIFFERENTIALLY HARMS WOMEN. THE BIGOTRY

AND CONTEMPT IT PROMOTES, WITH THE ACTS OF

AGGRESSION IT FOSTERS, HARM WOMEN’S

OPPORTUNITIES FOR EQUALITY OF RIGHTS IN

EMPLOYMENT, EDUCATION, PROPERTY RIGHTS,

PUBLIC ACCOMMODATIONS AND PUBLIC SERVICES;

CREATE PUBLIC HARASSMENT AND PRIVATE

DENIGRATION; PROMOTE INJURY AND

DEGRADATION SUCH AS RAPE, BATTERY AND

PROSTITUTION AND INHIBIT JUST ENFORCEMENT

OF LAWS AGAINST THESE ACTS; CONTRIBUTE

SIGNIFICANTLY TO RESTRICTING WOMEN FROM

FULL EXERCISE OF CITIZENSHIP AND

Appendix A: The Minneapolis Ordinance

99

PARTICIPATION IN PUBLIC LIFE, INCLUDING IN

NEIGHBORHOODS; DAMAGE RELATIONS BETWEEN

THE SEXES; AND UNDERMINE WOMEN’S EQUAL

EXERCISE OF RIGHTS TO SPEECH AND ACTION

GUARANTEED TO ALL CITIZENS UNDER THE

CONSTITUTIONS AND LAWS OF THE UNITED STATES

AND THE STATE OF MINNESOTA

(b) Declaration of policy and purpose. It is the public policy of the

City of Minneapolis and the purpose of this title:

(1) To recognize and declare that the opportunity to obtain

employment, labor union membership, housing

accommodations, property rights, education, public

accommodations and public services without discrimination

based on race, color, creed, religion, ancestry, national origin,

sex, including sexual harassment AND PORNOGRAPHY,

af ectional preference, disability, age, marital status, or status

with regard to public assistance or to obtain housing

accommodations without discrimination based on familial status

is a civil right;

(2) To prevent and prohibit al discriminatory practices based

on race, color, creed, religion, ancestry, national origin, sex,

including sexual harassment AND PORNOGRAPHY,

af ectional preference, disability, age, marital status, or status

with regard to public assistance with respect to employment,

labor union membership, housing accommodations, property

rights, education, public accommodations or public services;

(3) To prevent and prohibit al discriminatory practices based

on familial status with respect to housing accommodations;

(4) TO PREVENT AND PROHIBIT ALL

DISCRIMINATORY PRACTICES OF SEXUAL

SUBORDINATION OR INEQUALITY THROUGH

PORNOGRAPHY;

(5) To protect al persons from unfounded charges of

discriminatory practices;

(6) To eliminate existing and the development of any ghettos in

the community; and

(7) To ef ectuate the foregoing policy by means of public

information and education, mediation and conciliation, and

enforcement

Section 3. That Section 139. 20 of the above-entitled ordinance be

amended by adding thereto a new subsection (gg) to read as

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Pornography and Civil Rights

fol ows:

(gg) Pornography. Pornography is a form of discrimination on the

basis of sex.

(1) Pornography is the sexually explicit subordination of

women, graphically depicted, whether in pictures or in words,

that also includes one or more of the fol owing:

(i) women are presented dehumanized as sexual objects,

things or commodities; or

(i ) women are presented as sexual objects who enjoy pain

or humiliation; or

(i i) women are presented as sexual objects who experience

sexual pleasure in being raped; or

(iv) women are presented as sexual objects tied up or cut up

or mutilated or bruised or physically hurt; or

(v) women are presented in postures of sexual submission;

or

(vi) women’s body parts - including but not limited to

vaginas, breasts, and buttocks - are exhibited, such that

women are reduced to those parts; or

(vi ) women are presented as whores by nature; or

(vi i) women are presented being penetrated by objects or

animals; or

(ix) women are presented in scenarios of degradation,

injury, abasement, torture, shown as filthy or inferior,

bleeding, bruised, or hurt in a context that makes these

conditions sexual.

(2) The use of men, children, or transsexuals in the place of

women in (1) (i-ix) above is pornography for purposes of

subsections (1) - (p) of this statute.

Section 4. That section 139. 40 of the above-mentioned ordinance

be amended by adding thereto new subsections (1), (m), (n), (o),

(p), (q), (r) and (s) to read as fol ows:

(1) Discrimination by trafficking in pornography. The production,

sale, exhibition, or distribution of pornography is discrimination

against women by means of trafficking in pornography:

(1) City, state, and federally funded public libraries or private

and public university and college libraries in which

pornography is available for study, including on open shelves,

shal not be construed to be traf icking in pornography but

Appendix A: The Minneapolis Ordinance

101

special display presentations of pornography in said places is

sex discrimination.

(2) The formation of private clubs or associations for purposes

of traf icking in pornography is il egal and shal be considered

a conspiracy to violate the civil rights of women.

(3) Any woman has a cause of action hereunder as a woman

acting against the subordination of women. Any man or

transsexual who al eges injury by pornography in the way

women are injured by it shal also have a cause of action.

(m) Coercion into pornographic performances. Any person,

including transsexual, who is coerced, intimidated, or fraudulently

induced (hereafter “coerced”) into performing for pornography

shal have a cause of action against the maker(s), sel er(s),

exhibitor(s) or distributor(s) of said pornography for damages and

for the elimination of the products of the performance^) from the

public view.

(1) Limitation of action. This claim shal not expire before five

years have elapsed from the date of the coerced performance(s)

or from the last appearance or sale of any product of the

performance(s), whichever date is later;

(2) Proof of one or more of the following facts or conditions

shal not, without more, negate a finding of coercion;

(i) that the person is a woman; or

(i ) that the person is or has been a prostitute; or

(i i) that the person has at ained the age of majority; or

(iv) that the person is connected by blood or marriage to

anyone involved in or related to the making of the

pornography; or

(v) that the person has previously had, or been thought to

have had, sexual relations with anyone, including anyone

involved in or related to the making of the pornography, or

(vi) that the person has previously posed for sexually

explicit pictures for or with anyone, including anyone

involved in or related to the making of the pornography at

issue; or

(vi ) that anyone else, including a spouse or other relative,

has given permission on the person’s behalf; or

(vi i) that the person actual y consented to a use of the

performance that is changed into pornography; or

102

Pornography and Civil Rights

(ix) that the person knew that the purpose of the acts or

events in question was to make pornography; or

(x) that the person showed no resistance or appeared to

cooperate actively in the photographic sessions or in the

sexual events that produced the pornography; or

(xi) that the person signed a contract, or made statements

affirming a willingness to cooperate in the production of

pornography; or

(xii) that no physical force, threats, or weapons were used in

the making of the pornography; or

(xiii) that the person was paid or otherwise compensated.

(n) Forcing pornography on a person. Any woman, man, child, or

transsexual who has pornography forced on him/her in any place

of employment, in education, in a home, or in any public place has

a cause of action against the perpetrator and/or institution.

(o) Assault or physical at ack due to pornography. Any woman,

man, child, or transsexual who is assaulted, physically at acked or

injured in a way that is directly caused by specific pornography

has a claim for damages against the perpetrator, the maker(s),

distributor(s), sel er(s), and/or exhibitor(s), and for an injunction

against the specific pornography’s further exhibition, distribution,

or sale. No damages shal be assessed (A) against maker(s) for

pornography made, (B) against distributor(s) for pornography

distributed, (C) against seller(s) for pornography sold, or (D)

against exhibitors for pornography exhibited prior to the

enforcement date of this act.

(p) Defenses. Where the materials which are the subject mat er of

a cause of action under subsections (1), (m), (n), or (o) of this

section are pornography, it shall not be a defense that the

defendants did not know or intend that the materials were

pornography or sex discrimination.

(q) Severability. Should any part(s) of this ordinance be found

legally invalid, the remaining part(s) remain valid.

(r) Subsections (1), (m), (n), and (o) of this section are exceptions to

the second clause of Section 141. 90 of this title.

(s) Ef ective date. Enforcement of this ordinance of December 30,

1983, shal be suspended until July 1, 1984 (“enforcement date”)

to facilitate training, education, voluntary compliance, and

implementation taking into consideration the opinions of the City

Attorney and the Civil Rights Commission. No liability shall at ach

under (1) or as specifically provided in the second sentence of (o)

Appendix A: The Minneapolis Ordinance

103

until the enforcement date. Liability under al other sections of this

act shal at ach as of December 30, 1983.

Amending Title 7, Chapter 141 of the Minneapolis Code of

Ordinances relating to Civil Rights: Administration and

Enforcement

The City Council of the City of Minneapolis do ordain as fol ows:

Section 1. That Section 141. 50 (1) of the above-entitled ordinance

be amended by adding thereto a new subsection (3) to read as

fol ows:

(3) Pornography: The hearing committee or court may order

relief, including the removal of violative material, permanent

injunction against the sale, exhibition or distribution of violative

material, or any other relief deemed just and equitable, including

reasonable at orney’s fees.

Section 2. That Section 141. 60 of the above-entitled ordinance be

amended as fol ows:

141. 60 Civil action, judicial review and enforcement

(a) Civil actions.

(1) AN INDIVIDUAL ALLEGING A VIOLATION OF

THIS ORDINANCE MAY BRING A CIVIL ACTION

DIRECTLY IN COURT.

(2) A complainant may bring a civil action at the following

times:

(i) Within forty-five (45) days after the director, a review

committee or a hearing committee has dismissed a

complaint for reasons other than a conciliation

agreement to which the complainant is a signator; or

(i ) After forty-five (45) days from the filing of a verified

complaint if a hearing has not been held pursuant to

Section 141. 50 or the department has not entered into a

conciliation agreement to which the complainant is a

signator. The complainant shal notify the department of

his/her intention to bring a civil action, which shal be

commenced within ninety (90) days of giving the notice.

A complainant bringing a civil action shal mail, by

registered or certified mail, a copy of the summons and

complaint to the department and upon receipt of same,

the director shal terminate al proceedings before the

department relating to the complaint and shal dismiss

the complaint

104

Pornography and Civil Rights

No complaint shal be filed or reinstituted with the department

after a civil action relating to the same unfair discriminatory

practice has been brought unless the civil action has been

dismissed without prejudice.

GOVT OPS - Your Committee, to whom was referred ordinances

amending Title 7 of the Minneapolis Code of Ordinances, to add

pornography as discrimination against women and provide just

and equitable relief upon finding of discrimination by hearing

committee of the Civil Rights Commission, and having held public

hearings thereon, recommends that the following ordinances be

given their second readings for amendment and passage:

a. Ordinance amending Chap 139 relating to Civil Rights: In

General;

b. Ordinance amending Chap 141 relating to Civil Rights:

Administration and Enforcement.

Appendix A: The Minneapolis Ordinance

105

Appendix B

CODE OF INDIANAPOLIS AND MARION COUNTY

INDIANA

Chapter 16

HUMAN RELATIONS; EQUAL OPPORTUNITY*

Sec. 16-1. Findings, policies and purposes.

(a) Findings. The city-county council hereby makes the

following findings:

(1) The council finds that the practice of denying equal

opportunities in employment, education, access to and use

of public accommodations, and acquisition of reed estate

based on race, color, religion, ancestry, national origin,

handicap, or sex is contrary to the principles of freedom

and equality of opportunity and is a burden to the

objectives of the policies contained herein and shal be

considered discriminatory practices.

(2^ Pornography is a discriminatory practice based on sex

which denies women equal opportunities in society.

Pornography is central in creating and maintaining sex as a

basis for discrimination. Pornography is a systematic

practice of exploitation and subordination based on sex

which differential y harms women. The bigotry and

contempt it promotes, with the acts of aggression it fosters,

harm women's opportunities for equality of rights in

employment education, access to and use of public

accommodations, and acquisition of real property: promote

rape, bat ery, child abuse, kidnapping and prostitution and

inhibit just enforcement of laws against such acts: and

contribute significantly to restricting women in particular

from ful exercise of citizenship and participation in public

life, including in neighborhoods.

(b) It is the purpose of this chapter to carry out the following

policies of the City of Indianapolis and Marion County:

(1) To provide equal employment opportunity in al city

and county jobs without regard to race, color, religion,

* This is the complete civil-rights law of the City of Indianapolis and Marion County.

Al language relating specifical y to pornography is underlined. Spelling has been corrected.

106

Pornography and Civil Rights

handicap, national origin, ancestry, age, sex, disabled

veteran, or Vietnam era veteran status;

(2) To encourage the hiring of the handicapped in both the

public and the private sectors and to provide equal access to

the handicapped to public accommodations;

(3) To utilize minority-owned businesses, securing goods

and services for the city and county in a dollar amount

equal to at least ten (10) per cent of monies spent by the

City of Indianapolis and Marion County;

(4) To utilize women-owned businesses and encourage the

utilization of women in construction and industry;

(5) To protect employers, labor organizations, employment

agencies, property owners, real estate brokers, builders,

lending institutions, governmental and educational agencies

and other persons from unfounded charges of

discrimination;

(6) To provide al citizens of the City of Indianapolis and

Marion County equal opportunity for education,

employment, access to public accommodations without

regard to race, religion, color, handicap, sex, national

origin, ancestry, age, or disabled veteran or Vietnam era

veteran status;

(7) To provide al citizens of the City of Indianapolis and

Marion County equal opportunity for acquisition through

purchase or rental of real property including, but not

limited to, housing without regard to race, sex, religion or

national origin; and

(8) To prevent and prohibit al discriminatory practices of

sexual subordination or inequality through pornography.

Sec. 16-2. Nondiscrimination clauses.

(1) Every contract to which one of the parties is the city or the

county, or any board, department or office of either the city or

county, including franchises granted to public utilities, shal

contain a provision requiring the governmental contractor and

subcontractors not to discriminate against any employee or

applicant for employment in the performance of the contract,

with respect to hire, tenure, terms, conditions or privileges of

employment, or any mat er directly or indirectly related to

employment, because of race, sex, religion, color, national

origin, ancestry, age, handicap, disabled veteran status and

Vietnam era veteran status. Breach of this provision may be

Appendix B: The Indianapolis Ordinance

107

regarded as a material breach of the contract

(2) Al applications, postings, announcements, and

advertisements recruiting applicants for employment with the

city or county shal conspicuously post in the bottom margin of

such recruiting bids a clause as fol ows: “An Af irmative Action

Equal Employment Opportunity Employer. ”

Sec. 16-3. Definitions.

As used in this chapter, the fol owing terms shal have the

meanings ascribed to them in this section:

(a) Acquisition of real estate shal mean the sale, rental, lease, sublease, construction or financing, including negotiations

and any other activities or procedures incident thereto, of:

(1) Any building, structure, apartment, single room or

suite of rooms or other portion of a building, occupied

as or designed or intended for occupancy as living

quarters by one or more families or single individuals;

(2) Any building, structure or portion thereof, or any

improved or unimproved land utilized or designed or

intended for utilization, for business, commercial,

industrial or agricultural purposes;

(3) Any vacant or unimproved land of ered for sale or

lease for any purpose whatsoever.

(b) Appointing authorities shal mean and include the mayor,

city-county council and such other person or agency as may

be entitled to appoint any member of the equal opportunity

advisory board created in this chapter.

(c) Appraiser shal mean any person who, for a fee or in

relation to his/her employment or usual occupation,

establishes a value for any kind of real estate, the acquisition

of which is defined in this section.

(d) Board shal mean the equal opportunity advisory board.

(e) Complainant shal mean any person who signs a

complaint on his/her own behalf alleging that he/she has

been aggrieved by a discriminatory practice.

(f) Complaint shal mean a writ en grievance filed with the

office of equal opportunity, either by a complainant or by

the board or of ice, which meets al the requirements of

sections 16-18 and 16- 19.

(g) Discriminatory practice shal mean and include the

fol owing:

108

Pornography and Civil Rights

(1) The exclusion from or failure or refusal to extend to

any person equal opportunities or any difference in the

treatment of any person by reason of race, sex, religion,

color, national origin or ancestry, handicap, age,

disabled veteran or Vietnam era veteran status.

(2) The exclusion from or failure or refusal to extend to

any person equal opportunities or any difference in the

treatment of any person, because the person filed a

complaint alleging a violation of this chapter, testified in

a hearing before any members of the board or otherwise

cooperated with the office or board in the performance

of its duties and functions under this chapter, or

requested assistance from the board in connection with

any alleged discriminatory practice, whether or not such

discriminatory practice was in violation of this chapter.

(3) In the case of a real estate broker or real estate

salesperson or agent, acting in such a capacity in the

ordinary course of his/her business or occupation, who

does any of the following:

a. Any attempt to prevent, dissuade or discourage

any prospective purchaser, lessee or tenant of real

estate from viewing, buying, leasing or renting the

real estate because of the race, sex, religion or

national origin of:

1. Students, pupils or faculty of any school or

school district;

2. Owners or occupants, or prospective owners or

occupants, of real estate in any neighborhood or

on any street or block; provided, however, this

clause shal not be construed to prohibit

disclosure in response to inquiry by any

prospective purchaser, lessee or tenant of:

(i) Information reasonably believed to be

accurate regarding such race, sex, religion or

national origin; or

(i ) The honest professional opinion or belief

of the broker, salesperson or agent regarding

factors which may af ect the value or

desirability of property available for purchase

or lease.

b. Any solicitation, promotion or attempt to influence

or induce any owner to sel , lease or list for sale or

Appendix B: The Indianapolis Ordinance

109

lease any real estate, which solicitation, promotion or

at empted inducement includes representations

concerning:

1. Race, sex, religion or national origin or

present, prospective or possible purchasers or

occupants of real estate in any area,

neighborhood or particular street or block;

2. Present, prospective or possible neighborhood

unrest, tension or change in the race, sex,

religion or national origin of occupants or

prospective occupants of real estate in any

neighborhood or any street or block;

3. Present, prospective or possible decline in

market value of any real estate by reason of the

present, prospective or possible entry into any

neighborhood, street or block of persons of a

particular race, sex, religion or national origin;

4. Present, prospective or possible decline in the

quality of education of ered in any school or

school district by reason of any change in the

race, sex, religion or national origin of the

students, pupils or faculty of such school or

district.

(4) Traf icking in pornography: The production, sale,

exhibition, or distribution of pornography

a. City, state, and federal y funded public libraries or

private and public university and college libraries in

which pornography is available for study, including

on open shelves, shal not be construed to be

traf icking in pornography, but special display

presentations of pornography in said places is sex

discrimination,

b. The formation of private clubs or associations for

purposes of traf icking in pornography is il egal and

shal be considered a conspiracy to violate the civil

rights of women.

c. This paragraph (4) shal not be construed to make

isolated passages or isolated parts actionable.

(5) Coercion into pornographic performance: Coercing,

intimidating or fraudulently inducing any person,

including a man, child or transsexual, into performing

Pornography and Civil Rights

for pornography, which injury may date from any

appearance or sale of any products of such performance.

a.

Proof of the following facts or conditions shal not

constitute a defense:

1. That the person is a woman: or

2. That the person is or has been a prostitute: or

3. That the person has at ained the age of

majority: or

4. That the person is connected by blood or

marriage to anyone involved in or related to the

making of the pornography: or

5. That the person has previously had, or been

thought to have had, sexual relations with

anyone, including anyone involved in or related

to the making of the pornography: or

6. That the person has previously posed for

sexually explicit pictures for or with anyone,

including anyone involved in or related to the

making of the pornography at issue: or

7. That anyone else, including a spouse or other

relative, has given permission on the person's

behalf: or

8. That the person actually consented to a use of

the performance that is changed into

pornography; or

9. That the person knew that the purpose of the

acts or events in question was to make

pornography; or

10. That the person demonstrated no resistance

or appeared to cooperate actively in the

photographic sessions or in the sexual events that

produced the pornography: or

11. That the person signed a contract, or made

statements affirming a willingness to cooperate in

the production of pornography: or

12. That no physical force, threats, or weapons

were used in the making of the pornography: or

13. That the person was paid or otherwise

compensated.

Appendix B: The Indianapolis Ordinance

111

(6) Forcing pornography on a person: The forcing of

pornography on any woman, man, child or transsexual

in any place of employment in education, in a home, or

in any public place.

(7) Assault or physical at ack dug to pornography;. The

assault, physical at ack, or injury of any woman, man,

child, or transsexual in a way that is directly caused by

specific pornography.

(8) Defenses: Where the materials which are the subject

mat er of a complaint under paragraphs (4). (5). or (7)

of this subsection (g^ are pornography, it shal not be a

defense that the respondent did not know or intend that

the materials were pornography or sex discrimination:

provided, however, that in the cases under paragraph

(g^4) of section 16-3 or against a sel er, exhibitor or

distributor under paragraph (g)(7) of section 16-3. no

damages or compensation for losses shal be recoverable

unless the complainant proves that the respondent knew

or had reason to know that the materials were

pornography. Provided, farther, that it shal be a

defense to a complaint under paragraph (g)(4) of section

16-3 that the materials complained of are those covered

only by paragraph (qW6^ of section 16-3.

(h) Education shal mean the construction, maintenance or

operation of any school or educational facility utilized or

intended to be utilized for the education or training of

persons residing within the territorial jurisdiction of the

office and controlled by a public governmental board or

agency which operates one or more elementary or

secondary schools.

(i) Employer shal mean:

(1) Any political subdivision within the county, not

represented by the corporation counsel, pursuant to IC

18-4-7-5, and any separate municipal corporation which

has territorial jurisdiction primarily within the county;

and

(2) Any person who employs at the time of any alleged

violation six (6) or more employees within the territorial

jurisdiction of the of ice.

(j) Employment shal mean a service performed by an

individual for compensation on behalf of an employer,

except that such services shal not include the fol owing:

Pornography and Civil Rights

(1) Services performed by an individual who in fact is

engaged in an independently established trade,

occupation, business or profession, and who has been

and wil continue to be free from direction or control

over the manner of performance of such services;

(2) Services performed by an agent who receives

compensation solely upon a commission basis and who

controls his/her own time and ef orts; or

(3) Services performed by an individual in the employ of

his/her spouse, child or parent

(k) Employment agency shal mean and include any person

undertaking, with or without compensation, to procure,

recruit, refer or place any individual for employment.

(1) Labor organization shal mean and include any

organization which exists for the purpose, in whole or in

part, of collective bargaining or dealing with employers

concerning grievances, terms or conditions of employment,

or for other mutual aid or protection in relation to

employment.

(m) Lending institution shal mean any bank, building and

loan association, insurance company or other corporation,

association, firm or enterprise, the business of which

consists in whole or in part in making or guaranteeing

loans, secured by real estate or any interest therein.

(n) Of ice shall mean the office of equal opportunity created by this chapter.

(o) Owner shal mean and include the title holder of record,

a contract purchaser, lessee, sublessee, managing agent or

other person having rights of ownership or possession, or

the right to sell, rent or lease real estate.

(p) Person shal mean and include one or more individuals,

partnerships, associations, organizations, cooperatives, legal

representatives, trustees, trustees in bankruptcy, receivers,

governmental agencies and other organized groups of

persons.

(q^ Pornography shal mean the graphic sexually explicit

subordination of women, whether in pictures or in words,

that also includes one or more of the following;

(I) Women are presented as sexual objects who enjoy

pain or humiliation; or

(2^ Women are presented as sexual objects who

Appendix B: The Indianapolis Ordinance

113

experience sexual pleasure in being raped: or

(3) Women are presented as sexual objects tied up or cut

up or mutilated or bruised or physical y hurt, or as

dismembered or truncated or fragmented or severed

into body parts: or

(4^ Women are presented being penetrated by objects or

animals: or

(5) Women are presented in scenarios of degradation,

injury, abasement, torture, shown as filthy or inferior,

bleeding, bruised, or hurt in a context that makes these

conditions sexual; [or]

(6^ Women are presented as sexual objects for

domination, conquest, violation, exploitation.

possession, or use, or through postures or positions of

servility or submission or display.

The use of men, children, or transsexuals in the place of

women in paragraphs (1) through (6) above shal also

constitute pornography under this section.

(r) Public accommodation shal mean an establishment which

caters to or of ers its services, facilities or goods to the

general public.

(s) Public facility shal mean any facility or establishment, other than an educational institution, which is owned,

operated or managed by or on behalf of a governmental

agency.

(t) Real estate broker shal mean any person who, for a fee or other valuable consideration, sel s, purchases, rents, leases

or exchanges, or negotiates or of ers or at empts to

negotiate the sale, purchase, rental, lease or exchange of

real property owned by another person; or a person who is

licensed and holds himself/herself out to be engaged in the

business of selling, purchasing, renting, leasing or

exchanging real property for other persons, or who

manages and col ects rents for the real property of another.

(u) Real estate salesperson or agent shal mean any person

employed by a real estate broker to perform or assist in

performing any or al of the functions of the real estate

broker.

(v) Respondent shal mean one or more persons against

whom a complaint is filed under this chapter, and who the

complaint alleges has commit ed or is committing a

Pornography and Civil Rights

discriminatory practice.

Sec. 16-4. Office of equal opportunity — Created; purpose.

There is hereby created a section of the legal division of the

department of administration entitled the office of equal

opportunity. This office and its board are empowered as provided

in this chapter to carry out the public policy of the state as stated

in section 2 of the Indiana Civil Rights Act, within the territorial

boundaries of Marion County.

Sec. 16-5. Same — Composition of office; functions.

The office shal be directed by a chief officer who shall also be the

affirmative action officer for the city and county. The chief officer

shal be appointed by and serve at the pleasure of the mayor and

shal be responsible for performing the following functions:

(1) To monitor internal employment practices as fol ows:

a. By ensuring that city and county government offers equal

employment opportunities to persons regardless of race,

religion, color, sex, national origin, ancestry, age, handicap,

or disabled veteran or Vietnam era veteran status;

b. By providing a vehicle through which employees may

seek redress for alleged discriminatory acts by city and

county government and/or retaliatory acts by city or county

government for filing or assisting in the discrimination

complaint process;

c. By establishing af irmative action, goals for city and

county government;

d. By complying with federal reporting requirements

concerning af irmative action and equal opportunity; and

e. By reviewing policies and procedures of the city and the

county to eliminate discriminatory practices.

(2) To monitor contract compliance as fol ows:

a. By ensuring compliance with federal grant requirements

respective to the utilization of minority business enterprises

(MBE) and women business enterprises (WBE);

b. By reviewing city-county contracts to assure compliance

with relevant federal, state and local laws and regulations on

af irmative action and equal employment;

c. By functioning as a liaison between the city-county and its

contractors by providing technical assistance in developing

af irmative action goals and monitoring these compliance

Appendix B: The Indianapolis Ordinance

115

ef orts to meet established goals; and

d.

By managing and implementing the MBE/WBE

programs, and by monitoring city and county purchasing as

specified in section 16-1(3).

(3) To receive, investigate and adjudicate community

complaints as specified in sections 16-18 through 16-28.

Section 16-6. Same — General powers and duties.

In addition to the functions previously mentioned in section 16-5,

the of ice shal have the fol owing powers and duties:

(1) To gather and distribute information for the purpose of

improving human relations and removing inequities to

protected groups in the areas of housing, recreation,

education, employment, law enforcement, vocational guidance

and related mat ers.

(2) To assist other governmental and private agencies, groups

and individuals in reducing community tensions and

preventing conflicts between persons of different racial, ethnic

and religious groups.

(3) To discourage persons from engaging in discriminatory

practices through informal methods of persuasion and

conciliation and through programs of public information and

education.

(4) To furnish technical assistance upon request to persons to

assist them in eliminating discriminatory practices or otherwise

implementing the policy and purposes of the Indiana Civil

Rights Act

(5) To make such general investigations, studies and surveys as

the office shal deem necessary for the performance of its duties.

(6) To prepare and submit at least annual y a report of its

activities to the mayor and to the public, which report shal

describe the investigations and proceedings conducted by the

of ice, the outcome thereof and the progress and the

achievements of the office and the community toward

elimination of discriminatory practices.

(7) To cooperate with the Indiana State Civil Rights

Commission, any appropriate federal, state or local agencies,

and with private organizations, individuals and neighborhood

associations in order to effectuate the purposes of this chapter

and to further compliance with federal, state and local laws and

ordinances prohibiting discriminatory practices.

116

Pornography and Civil Rights

(8) To perform any other duties assigned by ordinance or the

mayor.

Sec. 16-7. Equal opportunity advisory board — Created;

purpose.

There is hereby created an equal opportunity advisory board

empowered as provided in this chapter to carry out the public

policy of the state as stated in section 2 of the Indiana Civil

Rights Act, within the territorial boundaries of Marion County.

Sec. 16-8. Same — Composition of board; appointment and

terms of members.

(1) The board shall consist of twenty-two (22) members.

Fourteen (14) members shall be appointed by the mayor and

eight (8) members shal be appointed by the city-county

council. In addition, the chief officer shal be an ex officio

member of the board. In making appointments, the mayor and

the city-county council shal consider the fol owing:

(a) No more than seven (7) members of the board

appointed by the mayor shall be from any one political

party. No more than four (4) members of the board

appointed by the city-county council shal be from any one

political party.

(b) In making appointments to the board, the mayor and

the city-county council shal take into consideration al

interests in the community, including but not limited to age,

racial, ethnic, sexual, religious and economic groups,

business, labor, the handicapped and the general public.

(2) A board member may be removed for just cause, including

nonattendance, by a two-thirds (2/3) vote of the board.

(3) In the event of the death, resignation or removal of any

member of the board prior to the expiration of his/her term,

the appointing authority shal make an appointment to fil the

vacancy for the unexpired term of the member.

(4) In making the original appointments to the board, the

mayor shall designate five (5) appointees to serve three-year

terms; five (5) appointees to serve two-year terms and four (4)

appointees to serve one-year terms; and the city-county council

shal designate three (3) appointees to serve three-year terms;

three (3) appointees to serve two-year terms and two (2)

appointees to serve one-year terms. Subsequent appointments

shal be for three-year terms beginning on the first day of

January and ending three (3) years later on the last day of

Appendix B: The Indianapolis Ordinance

117

December. Any member of the board whose term has expired

may continue in of ice until a successor has been appointed.

(5) The mayor shal appoint from the membership of the

board, a chairperson who shal serve a one-year term and until

his/her successor is appointed and qualified, but serves at the

pleasure of the mayor.

(6) The chairperson shal appoint a vice-chairperson and a

secretary to serve during his/her term of of ice.

Sec. 16-9. Same — Meetings; vote required for board action.

The board shal hold regular meetings every two (2) months on a

day agreed upon by the board. The board shal hold special

meetings as may be cal ed by two-thirds (2/3) of the membership.

One-half (1/2) of the members of the board, excluding vacancies,

shal constitute a quorum at any meeting. A majority vote of those

in attendance shal be necessary for action, except in the case of a

determination after hearing provided in section 16-26, when a

majority of the members of the board not disqualified from

participation in such determination shal be required. The chief

of icer shal not be al owed to vote, except in case of a tie, when the

chief of icer may cast the deciding vote.

Sec. 16-10. Same — General powers and duties.

The board shal have the fol owing powers and duties:

(1) To appoint an executive commit ee, a majority of which

shal constitute a quorum, which committee shal be authorized

to act upon emergency mat ers between meetings of the board;

provided, however, the executive committee shal not take any

action inconsistent with action previously taken or policies

adopted by the board, and the executive committee shal not

exercise any of the powers or functions of the board under

sections 16-17 through 16-27. Al of icers of any executive

committee appointed by the board must be members of the

board.

(2) To establish three (3) standing commit ees, composed of

seven (7) board members each, to deal with the following

subject mat er:

a. Internal employment practices,

b. Contract compliance,

c. Complaint adjudication.

The chairperson shal appoint the board members to each

committee. No board member shal serve on more than one

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Pornography and Civil Rights

committee. The chairperson shal be an ex officio member of each

committee but have voting privileges only in case of a tie, when

he/she may cast the deciding vote. The board may establish any

additional committees as in its judgment wil aid the board in

effectuating the purposes of this chapter.

(3) To advise the office in formulating policies designed to

effectuate the purposes of this chapter and to make such

recommendations to the mayor and the city-county council as

the board shal deem appropriate to implement such policies.

(4) To adopt, amend and rescind procedural and substantive

rules and regulations for the conduct of its af airs, not

inconsistent with the provisions or intent and purposes of this

chapter, as the board shal deem necessary or appropriate. The

rules or regulations shal be adopted only after notice is given

and a hearing is held thereon in the manner provided by state

law relating to rule-making by state agencies. Any rule or

regulation adopted by the board shal be submitted to the

corporation counsel for approval as to legality. Upon approval

by the corporation counsel, the board shal cause the rule or

regulation to be printed or duplicated m such a manner as to

be readily available to interested persons and the public, and

shall thereupon file the original approved copy and one

duplicate with the clerk and the clerk of any other city or town

which has adopted this chapter. The rule or regulation shall be

effective as of the date and time of filing the original approved

copy with the clerk.

(5) To exercise shal additional powers or functions as may be

delegated to the board by ordinance or by executive order

validly adopted and promulgated by the mayor of the

consolidated city.

(6) To generally advise the office in the area of equal

opportunity which shal include but not be limited to

recommending new programs and program objectives,

reviewing problem areas and recommending changes in

existing programs.

Sec. 16-11. Same — Internal employment practices committee;

duties.

(1) A committee on internal employment practices is hereby

established. The committee shall be composed of seven (7)

members of the board appointed by the chairperson of the

board. The committee shal meet quarterly and at such other

times as its members deem necessary. The committee shall have

Appendix B: The Indianapolis Ordinance

119

the power to establish and adopt rules for the conduct of its

af airs.

(2) The duties of the internal employment practices committee

shal include:

(a) To review employment policies and procedures of the

city and county and make recommendations to eliminate

discriminatory employment practices.

(b) To review internal employment programs in the area of

equal employment opportunity and af irmative action and

make recommendations concerning their effective and

efficient operation.

(c) To provide recommendations for establishing and

achieving af irmative action goals.

Sec. 16-12. Same — Contract compliance committee; duties.

(1) A committee on contract compliance is hereby established.

The committee shal be composed of seven (7) members of the

board. The committee shal meet quarterly and at such other

times as the members of the committee shal deem necessary.

The committee shal have the power to establish and adopt

rules for the conduct of its af airs.

(2) The duties of the contract compliance committee shal

include:

(a) To review contract compliance procedures and make

recommendations concerning their effective and efficient

operation.

(b) To make recommendations for improving the utilization

of minority and women businesses by the city and county.

Sec. 16-13. Complaint adjudication; territorial application.

This chapter shal apply within the territorial limits of the

consolidated city and within the territorial limits of the county;

with respect to any discriminatory practice occurring within such

territorial limits and which relates to:

(1) Acquisition of real estate; or

(2) Employment; or

(3) Education controlled by any public board or agency; or

(4) Public accommodations; or

(51 Pornography

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Pornography and Civil Rights

Sec. 16-14. Unlawful acts other than discriminatory practices;

penalty.

(a) It shal be unlawful for any person to discharge, expel or

otherwise discriminate against any other person because that

person:

(1) Has filed a complaint alleging a violation of section

16-15;

(2) Has testified in a hearing before the board or any

committee thereof;

(3) Has otherwise cooperated with the board or office in the

performance of their duties and functions;

(4) Has requested assistance from the board or office in

connection with any alleged discriminatory practice,

whether or not the discriminatory practice was in violation

of section 16-15.

(b) It shal be unlawful for any person willfully to file a

complaint alleging a violation of section 16-15 with knowledge

that the complaint is false in any material respect

(c) Any person who violates any of the provisions of this section

shal , upon conviction, be subject to fine in an amount not less

than ten dollars ($10. 00) nor more than three hundred dollars

($300. 00); provided, however, no such fine shal be imposed

upon any person against whom the board or office has

proceedings under this chapter with respect to any violation of

subsection (a), which violation is also a discriminatory practice.

Any proceeding to impose a penalty under this section shall be

commenced within six (6) months after the date the violation

occurred.

Sec. 16-15. Discriminatory practices declared unlawful.

Each discriminatory practice as defined in section 16-3 shall be

considered unlawful unless it is specifically exempted by this

chapter.

Sec. 16-16. Persons and activities to which sections 16-14 and

16-15 do not apply.

(a) Sections 16-14 and 16-15 shal not apply to employment

performed for the consolidated city and department or agency

thereof, or any employment performed for the county or

agency thereof which is represented by the corporation counsel

pursuant to IC 18-4-7-5.

(b) Subject to the provisions of section 16-3(gW4). the

Appendix B: The Indianapolis Ordinance

121

provisions of sections 16-14 and 16-15 shal not include any

not-for-profit corporation or association organized exclusively

for fraternal or religious purposes, nor any school, education,

charitable or religious institution owned or conducted by, or

af iliated with, a church or religious institution, nor any

exclusively social club, corporation or association that is not

organized for profit and is not in fact open to the general

public.

(c) Sections 16-14 and 16-15 shal not apply to the rental of

rooms in a boardinghouse or rooming house or single-family

residential unit; provided, however, the owner of the building

unit actual y maintains and occupies a unit or room in the

building as his/her residence and, at the time of the rental the

owner intends to continue to so occupy the unit or room

therein for an indefinite period subsequent to the rental.

(d) The following shal not be discrimination on the basis of sex:

(1) For any person to maintain separate restrooms or

dressing rooms for the exclusive use of either sex;

(2) For an employer to hire and employ employees; for an

employment agency to classify or refer for employment any

individual; for a labor organization to classify its

membership or to classify or refer for employment any

individual; or for an employer, labor organization or joint

labor-management commit ee, controlling apprenticeship

or other training or retraining programs, to admit or

employ any individual in any such program; on the basis of

sex in those certain instances where sex is a bona fide

occupational qualification reasonably necessary to the

normal operation of that particular business or enterprise.

Sec. 16-17. Grounds for complaint; persons who may file;

persons against whom complaint may be made.

(a) A complaint charging that any person has engaged in or is

engaging in a discriminatory practice prohibited by sections

16-14 and/or 16-15 may be filed with the of ice by any person

claiming to be aggrieved by the practice, or by one or more

members of the board of employees of the office who have

reasonable cause to believe that a violation of sections 16-14

and 16-15 has occurred, in any of the following circumstances:

(1) In the case of the acquisition of real estate, against the

owner of the real estate, a real estate broker, real estate

salesperson or agent, or a lending institution or appraiser;

(2) In the case of education, against the governing board of

122

Pornography and Civil Rights

any public school district which operates schools within the

territorial limits of the consolidated city or of the county;

(3) In the case of a public accommodation, against the

owner or person in charge of any such establishment, or

both;

(4) In the case of a public facility, against the governmental

body which operates or has jurisdiction over the facility;

(5) In the case of employment, against any employer,

employment agency or labor organization;

(5) In the cares of trafficking ia pornography, coercion into

pornographic performances, and assault or physical at ack

due to pornography (as provided in section 16-3(f i(7^

against the perpetrator(s). maker (s). sel er(s). exhibitor(s).

or distributor^),

(7) In the case of forcing pornography on a person, against

the perpetrator(s) and/or institution.

(b) In the case of traf icking in pornography, any woman may

file a complaint as a woman acting against the subordination of

women and any man, child, or transsexual may file a complaint

but must prove injury in the same way that a woman is injured

in order to obtain relief under this chapter

(c^ In the case of assault or physical at ack due to pornography,

compensation for losses or an award of damages shal not be

assessed against:

Maker(s) for pornography made.

(2^ Distributor^. for pornography distributed.

(3) Sel er^, for pornography sold, or

(4) Exhibitor(s) for pornography exhibited, prior to the

effective date of this act.

Sec. 16-18. Contents of complaint.

To be acceptable by the office, a complaint shal be suf iciently

complete so as to reflect properly the ful name and address of the

complainant or other aggrieved person or persons; the ful name

and address of the person against whom the complaint is made;

the alleged discriminatory practice and a statement of particulars

thereof; the date or dates of the alleged discriminatory practice; if

the alleged discriminatory practice is of a continuing nature, the

dates between which the continuing discriminatory practices are

alleged to have occurred; a statement as to any other action, civil

or criminal, instituted before any other administrative agency,

Appendix B: The Indianapolis Ordinance

123

commission, department or court, whether state or federal, based

upon the same grievance al eged in the complaint, with a

statement as to the status or disposition of any such other action;

and in the case of alleged employment discrimination a statement

that the employer employs six (6) or more employees in the

territorial jurisdiction of the of ice.

Sec. 16-19. Execution and verification of complaint.

The original complaint shal be signed and verified before a notary

public or other person duly authorized by law to administer oaths

and take acknowledgements. Notarial services shal be furnished

by the office without charge.

Sec. 16-20. Timeliness of complaint.

No complaint shal be valid unless filed within ninety (90) calendar

days from the date of occurrence of the alleged discriminatory

practice or, in the case of a continuing discriminatory practice,

during the time of the occurrence of the al eged practice; but not

more than ninety (90) calendar days from the date of the most

recent alleged discriminatory act

Sec. 16-21. Referral of complaint to Indiana State Civil Rights

Commission.

The chief of icer may, in his/her discretion, prior to scheduling of

the complaint for hearing under section 16-26, refer any

complaint to the Indiana State Civil Rights Commission for

proceedings in accordance with the Indiana Civil Rights Act.

Sec. 16-22. Receipt of complaint from Indiana State Civil

Rights Commission.

The office is hereby authorized to receive any complaint referred

to it by the Indiana State Civil Rights Commission pursuant to

section 1 la of the Indiana State Civil Rights Act, and to take such

action with respect to any such complaint as is authorized or

required in the case of a complaint filed under section 16-17.

Sec. 16-23. Service of complaint on respondent; answer.

The chief of icer shal cause a copy of the complaint to be served

by certified mail upon the respondent, who may file a written

response to the complaint at any time prior to the close of

proceedings with respect thereto, except as otherwise provided in

section 16-26. The complaint and any response received shal not

be made public by the chief of icer, the board or any member

thereof or any agent or employee of the of ice, unless and until a

public hearing is scheduled thereon as provided in section 16-26.

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Pornography and Civil Rights

Sec. 16-24. Investigation and conciliation.

(1) Investigation. Within ten (10) working days after the receipt of a complaint filed pursuant to this chapter, the chief officer

shal initiate an investigation of the alleged discriminatory

practice charged in the complaint. Al such investigations shall

be made by the office at the direction of the chief officer and

may include informal conferences or discussions with any party

to the complaint for the purpose of obtaining additional

information or attempting to resolve or eliminate the alleged

discriminatory practice by conciliation or persuasion. The

office shal have the authority to initiate discovery, including

but not limited to interrogatories, request for production of

documents and subpoenas, on approval of the chief of icer at

any time within ten (10) working days after filing of a

complaint. Any request by the office to compel discovery may

be by appropriate petition to the Marion County circuit or

superior courts.

(2) Report of investigation; determination by panel. Unless the complaint has been satisfactorily resolved prior thereto, the

chief officer shal , within thirty (30) working days after the date

of filing of a complaint pursuant to section 16-17, report the

results of the investigation made pursuant to subsection (1) to a

panel of three (3) members of the board designated by the

chairperson or vice-chairperson or pursuant to the rules of the

board, which panel shall not include any member of the board

who initiated the complaint, who might have participated in

the investigation of the complaint, or who is a member of the

complaint adjudication committee. The chief officer shal make

a recommendation as to whether there is reasonable cause to

believe that the respondent has violated sections 16-14 and/or

16-15. The chairperson, vice-chairperson or such other

member of the panel so designated may, for good cause shown,

extend the time for making such report Such extension

thereof shall be evidenced in writing, and the office shal serve

a copy of the extension on both the complainant and the

respondent The panel shal then determine by majority vote

whether reasonable cause exists to believe that any respondent

has violated sections 16-14 and/or 16-15. In making such a

determination, the panel shal consider only the complaint, the

response, if any, and the chief officer’s report; provided,

however, the panel may request the chief officer to make a

supplemental investigation and report with respect to any

mat er which it deems material to such determination.

Appendix B: The Indianapolis Ordinance

125

(3) Action when violation found. If the panel, pursuant to

subsection (2) determines that reasonable cause exists to believe

that any respondent has violated sections 16-14 and/or 16-15, it

may direct the chief of icer to endeavor to eliminate the alleged

discriminatory practice through a conciliation conference. At

least one panel member shal be present at any conciliation

conference at which both the complainant and respondent are

present or represented. If the complaint is satisfactorily

resolved through conciliation, the terms of any agreement

reached or undertaking given by any party shal be reduced to

writing and signed by the complainant, respondent and the

chief of icer. Any disagreement between the respondent and

the chief of icer in regard to the terms or conditions of a

proposed conciliation agreement may be referred to the panel

which considered the complaint, and the decision of the panel

with respect to such terms or conditions shal be final for

purposes of conciliation proceedings under this subsection, but

shal not be binding upon the respondent without his writ en

consent thereto. No action taken or statement made in

connection with any proceedings under this subsection, and no

writ en conciliation agreement or any of the terms thereof,

shal be made public by the board or any member thereof, or

any agent or employee of the of icer, without the writ en

consent of the parties, nor shal any such action, statement or

agreement be admissible in evidence in any subsequent

proceedings; provided, however, the board or of icer may

institute legal proceedings under this chapter for enforcement

of any writ en agreement or undertaking executed in

accordance with this subsection.

Sec. 16-25. Complaint adjudication committee; duties.

A complaint adjudication committee is hereby established. The

committee shal be composed of seven (7) members of the board.

The committee shal meet for the purpose of holding public

hearings on citizen’s complaints, which shal be at such times as its

members deem necessary.

Sec. 16-26. Hearings, findings and recommendations when

conciliation not effected.

(a) Hearing to be held; notice. If a complaint filed pursuant to this article has not been satisfactorily resolved within a reasonable

time through informal proceedings pursuant to section 16-24,

or if the panel investigating the complaint determines that a

conciliation conference is inappropriate under the

circumstances surrounding the complaint, the complaint

126

Pornography and Civil Rights

adjudication committee may hold a public hearing thereon

upon not less than ten (10) working days* writ en notice to the

complainant or other aggrieved person, and to the respondent.

If the respondent has not previously filed a written response to

the complaint, he/she may file such response and serve a copy

thereof upon the complainant and the office not later than five

(5) working days prior to the date of the hearing.

(b) Powers; rights of parties at hearing. In connection with a hearing held pursuant to subsection (a), the complaint

adjudication committee shall have power, upon any mat er

pertinent to the complaint or response thereto, to subpoena

witnesses and compel their at endance; to require the

production of pertinent books, papers or other documents;

and to administer oaths. The complainant shal have the right

to be represented by the chief officer or any attorney of his/her

choice. The respondent shall have the right to be represented

by an attorney or any other person of his/her choice. The

complainant and respondent shall have the right to appear in

person at the hearing, to be represented by an attorney or any

other person, to subpoena and compel the attendance of

witnesses, and to examine and cross-examine witnesses. The

complaint adjudication committee may adopt appropriate rules

for the issuance of subpoenas and the conduct of hearings

under this section. The complaint adjudication committee and

the board shall have the power to enforce discovery and

subpoenas by appropriate petition to the Marion County

circuit or superior courts.

(c) Statement of evidence; exceptions; arguments. Within thirty (30) working days from the close of the hearing, the complaint

adjudication committee shall prepare a report containing

written recommended findings of fact and conclusions and file

such report with the of ice. A copy of the report shal be

furnished to the complainant and respondent, each of whom

shal have an opportunity to submit written exceptions within

such time as the rules of the complaint adjudication committee

shal permit The complaint adjudication committee may, in its

discretion, upon notice to each interested party hear further

evidence or argument upon the issues presented by the report

and exceptions, if any.

(d) Findings of fact; sustaining or dismissing complaint. If, upon the preponderance of the evidence, the committee shal be of

the opinion that any respondent has engaged or is engaging in

a discriminatory practice in violation of the chapter, it shal

Appendix B: The Indianapolis Ordinance

127

state its findings of fact and conclusions and serve a copy

thereof upon the complainant and the respondent. In addition,

the committee may cause to be served on the respondent an

order requiring the respondent to cease and desist from the

unlawful discriminatory practice and requiring such person to

take further af irmative action as wil ef ectuate the purposes of

this chapter, including but not limited to the power to restore

complainant’s losses incurred as a result of discriminatory

treatment, as the committee may deem necessary to assure

justice; to require the posting of notice setting forth the public

policy of Marion County concerning equal opportunity and

respondent’s compliance with said policy in places of public

accommodations; to require proof of compliance to be filed by

respondent at periodic intervals; to require a person who has

been found to be in violation of this chapter and who is

licensed by a city or county agency authorized to grant a

license, to show cause to the licensing agency why his license

should not be revoked or suspended. If, upon the

preponderance of the evidence, the committee shal be of the

opinion that any respondent has not engaged in a

discriminatory practice in violation of this chapter it shal state

its findings of fact and conclusions and serve a copy thereof

upon the complainant and the respondent, and dismiss the

complaint Findings and conclusions made by the committee

shal be based solely upon the record of the evidence presented

at the hearing.

(e) Appeal to the board. within thirty (30) working days after the issuance of findings and conclusions by the committee, either

the complainant or the respondent may file a written appeal of

the decision of the committee to the board; however, in the

event that the committee requires the respondent to correct or

eliminate a discriminatory practice within a time period less

than thirty (30) working days, then that respondent must file

his/her appeal within that time period. After considering the

record of the evidence presented at the hearing and the

findings and conclusions of the committee, the board may

af irm the decision of the committee and adopt the findings

and conclusions of the committee, or it may af irm the decision

of the committee and make supplemental findings and

conclusions of its own, or it may reverse the decision of the

committee and make findings of fact and conclusions to

support its decision. The board may also adopt, modify or

reverse any relief ordered by the committee. The board must

take any of the above actions within thirty (30) working days

128

Pornography and Civil Rights

after the appeal is filed.

(f) Members of Board who are ineligible to participate. No member of the board who initiated a complaint under this chapter or

who participated in the investigation thereof shal participate in

any hearing or determination under this section as a member

of either a hearing panel, the complaint adjudication

committee or of the board.

(g) Applicability of state law; judicial review. Except as otherwise specifically provided in this section or in rules adopted by the

board or the complaint adjudication committee under this

chapter, the applicable provisions of the Administrative

Adjudication Act, IC 4-22-l> shal govern the conduct of

hearings and determinations under this section, and findings of

the board hereunder shal be subject to judicial review as

provided in that act

Sec. 16-27. Court Enforcement.

(a) Institution of action. In any case where the board or the committee has found that a respondent has engaged in or is

engaging in a discriminatory practice in violation of sections

16-14 and/or 16-15, and such respondent has failed to correct

or eliminate such discriminatory practice within the time limit

prescribed by the board or the committee and the time limit

for appeal to the board has elapsed, the board may file in its

own name in the Marion County circuit or superior courts a

complaint against the respondent for the enforcement of

section 16-26. Such complaint may request such temporary or

permanent injunctive relief as may be appropriate and such

additional af irmative relief or orders as wil effectuate the

purposes of this chapter and as may be equitable, within the

powers and jurisdiction of the court.

(b) Record of hearing; evidentiary value. In any action filed pursuant to this section, the board may file with the court a

record of the hearing held by the complaint adjudication

committee pursuant to section 16-26, which record shal be

certified by the secretary of the board as a true, correct and

complete record of the proceedings upon which the findings of

the complaint adjudication committee and/or the board were

based. The court may, in its discretion, admit any evidence

contained in the record as evidence in the action filed under

subsection (a), to the extent such evidence would be admissible

in court under the rules of evidence if the witness or witnesses

were present in court, without limitation upon the right of any

party to offer such additional evidence as may be pertinent to

Appendix B: The Indianapolis Ordinance

129

the issues and as the court shal , in its discretion, permit

(c) Temporary judicial relief upon filing of complaint. Upon the filing of a complaint pursuant to section 16-17 by a person

claiming to be aggrieved, the chief of icer, in the name of the

board and in accordance with such procedures as the board

shal establish by rule, may seek temporary orders for

injunctions in the Marion County circuit or superior courts to

prevent irreparable harm to the complainant, pending

resolution of the complaint by the of ice, complaint

adjudication committee and the board.

(d) Enforcement of conciliating agreements. If the board

determines that any party to a conciliation agreement

approved by the chief of icer under section 16-24 has failed or

refused to comply with the terms of the agreement, it may file a

complaint in the name of the board in the Marion County

circuit or superior courts seeking an appropriate decree for the

enforcement of the agreement

(e) Trial de novo upon finding of sex discrimination related to

pornography. In complaints involving discrimination through

pornography, judicial review shall be de novo.

Notwithstanding any other provision to the contrary, whenever

the board or committee has found that a respondent has

engaged in or is engaging in one of the discriminatory

practices set forth in paragraph (g)(4) of section 16-3 or as

against a sel er, exhibitor or distributor under paragraph (g)(7)

of section 16-3. the board shal , within ten (10) days after

making such finding, file in its own name in the Marion County

circuit or superior court an action for declaratory and/or

injunctive relief. The board shal have the burden of proving

that the actions of the respondent were in violation of this

chapter.

Provided, however, that in any complaint under paragraph

(g)(4) of section 16-3 or against a sel er, exhibitor or distributor

under paragraph (g)(7) of section 16-3 no temporary or

permanent injunction shal issue prior to a final judicial

determination that said activities of respondent do constitute a

discriminatory practice under this chapter.

Provided further. that no temporary or permanent injunction

under paragraph (g)(4) of section 16-3 or against a sel er,

exhibitor or distributor under paragraph (g)(7) of section 16-3

shal extend beyond such material(s) that, having been

described with reasonable specificity by the injunction, have

been determined to be validly proscribed under the chapter.

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Pornography and Civil Rights

Sec. 16-28. Other remedies.

Nothing in this chapter shal affect any person’s right to pursue

any and al rights and remedies available in any other local, state

or federal forum.

INDIANAPOLIS CITY-COUNTY COUNCIL

GENERAL ORDINANCE NO. 35, 1984,

SECTION 7 & SECTION 8*

SECTION 7. (a) Because this ordinance amends certain provisions

adopted in General Ordinance No. 24. 1984. the effective date of

that ordinance is postponed until the effective date of this

ordinance, (b) The expressed or implied repeal or amendment, by

General Ordinance No. 24. 1984. or by this ordinance, of any

other ordinance or part of any other ordinance does not effect any

rights or liabilities accrued, penalties incurred, or proceedings

begun prior to the effective date of this ordinance. Those rights,

liabilities, and proceedings are continued, and penalties shal be

imposed and enforced under the repealed or amended ordinance

as if this ordinance or General Ordinance No. 24. 1984. had not

been adopted, (c) An offense, committed before the effective date

of this ordinance, under any ordinance expressly or impliedly

repealed or amended by this ordinance shal be prosecuted and

remains punishable under the repealed or amended ordinance as

if this ordinance had not been adopted.

SECTION 8. Should any provision (section, paragraph, sentence,

clause, or any other portion) of this ordinance be declared by a

court of competent jurisdiction to be invalid for any reason, the

remaining provisions shal not be af ected unless such remaining

provisions clearly cannot, without the invalid provision or

provisions, be given the effect intended by the council in adopting

this ordinance. It is further declared to be the intent of the

City-County Council that the ordinance be upheld as applied to

the graphic depiction of actual sexual subordination whether or

not upheld as applied to material produced without the

participation of human subjects nor shal a judicial declaration that

* These sections were not included in the codification of Indianapolis City-County General Ordinance No. 35, 1984 in the Code of Indianapolis and Marion County,

Indiana, Chapter 16. It is a policy of the Indianapolis City-County Council not to codify sections of ordinances regarding effective dates and severability. [Footnote in original. ]

Appendix B: The Indianapolis Ordinance

131

any provision (section, paragraph, sentence, clause or any other

portion) of this ordinance cannot validly be applied in a particular

manner or to a particular case or category of cases af ect the

validity of that provision (section, paragraph, sentence, clause or

any other portion) as applied in other ways or to other categories

of cases unless such remaining application would clearly frustrate

the Council’s intent in adopting this ordinance. To this end, the

provisions of this ordinance arc severable.

132

Pornography and Civil Rights

Appendix C

CITY OF CAMBRIDGE

In the Year One Thousand, Nine Hundred 85

AN ORDINANCE

In amendment to an ordinance formerly entitled “the General

Ordinances of the City of Cambridge” as revised in 1972 and now

designated as “The Code of the City of Cambridge. ”

Be it ordained by the City Council of the City of Cambridge as

fol ows:

Inasmuch, as pornography, a systematic practice of exploitation

and subordination based on sex which differentially harms women,

exists in the City of Cambridge, posing a substantial threat to the

health, safety, welfare and equality of citizens in the community,

and existing state and federal laws are inadequate to solve these

problems;

There shall be enacted amendments to the Human Rights Code,

Revised Ordinance No. 1016 (Aug. 23, 1984), in recognition that

pornography: promotes bigotry and contempt and fosters acts of

aggression, which diminish opportunities for equality of rights in

employment, education, property, public accommodations and

public services; creates public and private harassment, persecution

and denigration; promotes injury and degradation such as rape,

bat ery, sexual abuse of children, and prostitution and inhibits just

enforcement of laws against these acts; contributes significantly to

restricting women in particular from full exercise of citizenship

and participation in public life, including in neighborhoods;

damages relations between the sexes; and undermines women’s

equal exercise of rights to speech and action guaranteed to al

citizens under the Constitutions and laws of the United States, the

State of Massachuset s, and the City of Cambridge.

The Code of the City of Cambridge is hereby amended by adding

to Chapter 25, “Human Rights, ” the following amendments

entitled ‘Anti-Pornography Amendments. ’

Appendix C: The Cambridge Ordinance

133

CHAPTER 25

HUMAN RIGHTS

ANTI-PORNOGRAPHY AMENDMENTS

A BILL TO AMEND CHAPTER 25, “HUMAN RIGHTS, ”

OF THE CITY OF CAMBRIDGE BY ADDING

PORNOGRAPHY

AS SEX DISCRIMINATION

Section 1: DEFINITION: §E of Chapter 25, “Human Rights, ”

shal be amended to add:

(15)(a) Pornography is the graphic sexually explicit

subordination of women through pictures and/or words that

also includes one or more of the fol owing: (i) women are

presented dehumanized as sexual objects, things or

commodities; or (i ) women are presented as sexual objects who

enjoy pain or humiliation; or (i i) women are presented as

sexual objects who experience sexual pleasure in being raped;

or (iv) women are presented as sexual objects tied up or cut up

or mutilated or bruised or physical y hurt; or (v) women are

presented in postures of sexual submission, servility, or display;

or (vi) women’s body parts - including but not limited to

vaginas, breasts, or but ocks - are exhibited such that women

are reduced to those parts; or (vi ) women are presented as

whores by nature; or (vi i) women are presented as being

penetrated by objects or animals; or (ix) women are presented

in scenarios of degradation, injury, torture, shown as filthy or

inferior, bleeding, bruised or hurt in a context that makes these

conditions sexual.

(b) The use of men, children, or transsexuals in the place of

women in (a) above is also pornography for purposes of this

ordinance.

Section 2: HARMFUL ACTS; §8A of Chapter 25, “Human

Rights, ” shal be amended to add:

(18. ) It shal be sex discrimination through pornography to

engage in any of the following activities:

a.

Coercion into pornography: To coerce, intimidate, or

fraudulently induce (hereafter, “coerce”) any person, including

transsexual, into performing for pornography, which injury

may date from any appearance or sale of any product(s) of such

performance(s). Complaint(s) may be made against the

maker(s), sel er(s), exhibitor(s) and/or distributor^) of said

pornography, including to eliminate the produces) of the

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Pornography and Civil Rights

performance(s) from the public view.

Proof of one or more of the following facts or conditions shal

not, without more, negate a finding of coercion:

(i) that the person is a woman; or

(i ) that the person is or has been a prostitute; or

(i i) that the person has at ained the age of majority; or

(iv) that the person is connected by blood or marriage to

anyone involved in or related to the making of the

pornography; or

(v) that the person has previously had, or been thought to

have had, sexual relations with anyone, including anyone

involved in or related to the making of the pornography; or

(vi) that the person has previously posed for sexually

explicit pictures with or for anyone, including anyone

involved in or related to the making of the pornography at

issue; or

(vi ) that anyone else, including a spouse or other relative,

has given permission on the person’s behalf; or

(vi i) that the person actually consented to a use of the

performance that is changed into pornography; or

(ix) that the person knew that the purpose of the acts or

events in question was to make pornography; or

(x) that the person showed no resistance or appeared to

cooperate actively in the photographic sessions or in the

events that produced the pornography; or

(xi) that the person signed a contract, or made statements

affirming a willingness to cooperate in the production of

pornography; or

(xii) that no physical force, threats, or weapons were used in

the making of the pornography; or

(xiii) that the person was paid or otherwise compensated.

b.

Traf icking in pornography: To produce, sel , exhibit, or

distribute pornography, including through private clubs.

(i) City, state, and federally funded public libraries or

private and public university and college libraries in which

pornography is available for study, including on open

shelves but excluding special display presentations, shall not

be construed to be trafficking in pornography.

Appendix C: The Cambridge Ordinance

135

(i ) Isolated passages or isolated parts shal not be actionable

under this section.

(i i) Any woman has a claim hereunder as a woman acting

against the subordination of women. Any man, child, or

transsexual who al eges injury by pornography in the way

women are injured by it also has a claim.

c. Forcing pornography on a person: To force pornography on

a person, including child or transsexual, in any place of

employment, education, home, or public place. Complaint(s)

may be made against the perpetrator of the force and/or

institution responsible for the force only.

d. Assault or physical at ack due to pornography: To assault,

physical y at ack, or injure any person, including child or

transsexual, in a way that is directly caused by specific

pornography. Complaint(s) may be made against the

perpetrator of the assault or at ack and/or against the maker(s),

distributor^), sel er(s), and/or exhibitor(s) of the specific

pornography.

e. Defenses: It shal not be a defense to an action under (18)a-d

that the defendant did not know or intend that the materials

were pornography or sex discrimination.

No damages or compensation for losses shal be recoverable

under 18(b), or other than against the perpetrator of the

assault or at ack under 18(d), unless the defendant knew or

had reason to know that the materials were pornography.

In actions under 18(b) or other than against the perpetrator of

the assault or at ack under 18(d), no damages or compensation

or losses shal be recoverable against maker(s) for pornography

made, against distributor^) for pornography distributed,

against sel er(s) for pornography sold, or against exhibitor(s)

for pornography exhibited, prior to the effective date of this

law.

Section 3: RELIEF: §D. (4. ) of Chapter 25, “Human Rights, ” shal

be amended to add:

c. (i) In actions under Sec. 18(b), and other than against the

perpetrator of the assault or at ack under 18(d), no temporary

or permanent injunction shal issue prior to a final judicial

determination that the challenged activities constitute a

violation of this ordinance.

(i ) No temporary or permanent injunction shal extend

beyond such materials) that, having been described with

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Pornography and Civil Rights

reasonable specificity by the injunction, have been determined

to be validly proscribed under this law.

f. Civil damages, including punitive and compensatory, as wel

as reasonable attorneys’ fees, costs, and disbursements, shall be

available as relief for violations of Sections 18 (a-d),

notwithstanding any limitations as may be imposed or implied

by Sections 4 (a) (b) or (c) herein.

Appendix C: The Cambridge Ordinance

137

Appendix D

MODEL ANTIPORNOGRAPHY CIVIL-RIGHTS ORDINANCE

Section 1. STATEMENT OF POLICY

1. Pornography is a practice of sex discrimination. It exists in

[place], threatening the health, safety, peace, welfare, and equality

of citizens in our community. Existing laws are inadequate to solve

these problems in [place].

2. Pornography is a systematic practice of exploitation and

subordination based on sex that dif erential y harms and

disadvantages women. The harm of pornography includes

dehumanization, psychic assault, sexual exploitation, forced sex,

forced prostitution, physical injury, and social and sexual

terrorism and inferiority presented as entertainment The bigotry

and contempt pornography promotes, with the acts of aggression

it fosters, diminish opportunities for equality of rights in

employment, education, property, public accommodations, and

public services; create public and private harassment, persecution,

and denigration; promote injury and degradation such as rape,

bat ery, sexual abuse of children, and prostitution, and inhibit just

enforcement of laws against these acts; expose individuals who

appear in pornography against their wil to contempt, ridicule,

hatred, humiliation, and embarrassment and target such women in

particular for abuse and physical aggression; demean the

reputations and diminish the occupational opportunities of

individuals and groups on the basis of sex; contribute significantly

to restricting women in particular from ful exercise of citizenship

and participation in the life of the community; lower the human

dignity, worth, and civil status of women and damage mutual

respect between the sexes; and undermine women’s equal exercise

of rights to speech and action guaranteed to al citizens under the

[Constitutions] and [laws] of [place].

Section 2. DEFINITIONS

1. “Pornography” means the graphic sexually explicit

subordination of women through pictures and/or words that also

includes one or more of the fol owing:

a. women are presented dehumanized as sexual objects, things

or commodities; or

b. women are presented as sexual objects who enjoy

humiliation or pain; or

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Pornography and Civil Rights

c. women are presented as sexual objects experiencing sexual

pleasure in rape, incest, or other sexual assault; or

d. women are presented as sexual objects tied up or cut up or

mutilated or bruised or physically hurt; or

e. women are presented in postures or positions of sexual

submission, servility, or display; or

f. women’s body parts—including but not limited to vaginas,

breasts, or buttocks—are exhibited such that women are

reduced to those parts; or

g. women are presented being penetrated by objects or

animals; or

h. women are presented in scenarios of degradation,

humiliation, injury, torture, shown as filthy or inferior,

bleeding, bruised or hurt in a context that makes these

conditions sexual.

2. The use of men, children, or transsexuals in the place of women

in (a) of this definition is also pornography for purposes of this law.

3. “Person” shal include child or transsexual.

Section 3. CAUSES OF ACTION

1. Coercion into pornography. It is sex discrimination to coerce, intimidate, or fraudulently induce (hereafter, “coerce”) any person

into performing for pornography, which injury may date from any

appearance or sale of any product(s) of such performance^). The

maker(s), seller(s), exhibitor(s) and/or distributor(s) of said

pornography may be sued for damages and for an injunction,

including to eliminate the product(s) of the performance(s) from

the public view.

Proof of one or more of the following facts or conditions shal not,

without more, preclude a finding of coercion:

a. that the person is a woman; or

b. that the person is or has been a prostitute; or

c. that the person has at ained the age of majority; or

d. that the person is connected by blood or marriage to anyone

involved in or related to the making of the pornography; or

e. that the person has previously had, or been thought to have

had, sexual relations with anyone, including anyone involved

in or related to the making of the pornography; or

f. that the person has previously posed for sexually explicit

pictures with or for anyone, including anyone involved in or

Appendix D: The Model Ordinance

139

related to the making of the pornography; or

g. that anyone else, including a spouse or other relative, has

given permission on the person’s behalf; or

h. that the person actual y consented to a use of a performance

that is then changed into pornography; or

i. that the person knew that the purpose of the acts or events in

question was to make pornography; or

j. that the person showed no resistance or appeared to

cooperate actively in the photographic sessions or events that

produced the pornography; or

k. that the person signed a contract, or made statements

af irming a willingness to cooperate in the production of the

pornography; or

1.

that no physical force, threats, or weapons were used in the

making of the pornography; or

m. that the person was paid or otherwise compensated.

2. Forcing pornography on a person. It is sex discrimination to force pornography on a person in any place of employment, education,

home, or any public place. Complaints may be brought only

against the perpetrator of the force and/or the entity or institution

responsible for the force.

3. Assault or physical at ack due to pornography. It is sex

discrimination to assault, physical y at ack, or injure any person in

a way that is directly caused by specific pornography. Complaints

may be brought against the perpetrator of the assault or at ack,

and/or against the maker(s), distributor(s), sel er(s), and/or

exhibitor(s) of the specific pornography.

4. Defamation through pornography. It is sex discrimination to defame any person through the unauthorized use in pornography

of their proper name, image, and/or recognizable personal

likeness. For purposes of this section, public figures shal be

treated as private persons. Authorization once given can be

revoked in writing any time prior to any publication.

5. Trafficking in pornography. It is sex discrimination to produce, sel , exhibit, or distribute pornography, including through private

clubs.

a.

Municipal, state, and federal y funded public libraries or

private and public university and college libraries in which

pornography is available for study, including on open shelves

but excluding special display presentations, shal not be

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Pornography and Civil Rights

construed to be trafficking in pornography.

b. Isolated passages or isolated parts shal not be the sole basis

for complaints under this section.

c. Any woman may bring a complaint hereunder as a woman

acting against the subordination of women. Any man, child, or

transsexual who alleges injury by pornography in the way

women are injured by it may also complain.

Section 4. DEFENSES

1. It shall not be a defense to a complaint under this law that the

respondent did not know or intend that the materials at issue were

pornography or sex discrimination.

2. No damages or compensation for losses shal be recoverable

under Sec. 3(5) or other than against the perpetrator of the assault

or at ack in Sec. 3(3) unless the defendant knew or had reason to

know that the materials were pornography.

3. In actions under Sec. 3(5) or other than against the perpetrator

of the assault or at ack in Sec. 3(3), no damages or compensation

for losses shal be recoverable against maker(s) for pornography

made, against distributors) for pornography distributed, against

seller(s) for pornography sold, or against exhibitor(s) for

pornography exhibited, prior to the effective date of this law.

Section 5. ENFORCEMENT*

1. Civil Action. Any person who has a cause of action under this law may complain directly to a court of competent jurisdiction for

relief.

2. Damages.

a. Any person who has a cause of action under this law, or their

estate, may seek nominal, compensatory, and/or punitive

damages without limitation, including for loss, pain, suffering,

reduced enjoyment of life, and special damages, as well as for

reasonable costs, including attorneys’ fees and costs of

investigation.

b. In claims under Sec. 3(5), or other than against the

perpetrator of the assault or at ack under Sec. 3(3), no

* In the event that this law is amended to an existing human-rights law, the complaint would first be made to a Civil Rights Commission, or the complainant could choose whether to go to the Commission or directly to court. Any injunction issued by a Commission under Sec. 3(5), the trafficking provision, would require a trial de novo, that is, a full court trial after the administrative hearing. See the Indianapolis Ordinance for these provisions.

Appendix D: The Model Ordinance

141

damages or compensation for losses shal be recoverable against

maker(s) for pornography made, against distributor^) for

pornography distributed, against sel er(s) for pornography

sold, or against exhibitor(s) for pornography exhibited, prior

to the ef ective date of this law.

3. Injunctions. Any person who violates this law may be enjoined except that:

a. In actions under Sec. 3(5), and other than against the

perpetrator of the assault or at ack under Sec. 3(3), no

temporary or permanent injunction shal issue prior to a final

judicial determination that the challenged activities constitute a

violation of this law.

b. No temporary or permanent injunction shal extend beyond

such pornography that, having been described with reasonable

specificity by said order(s), is determined to be validly

proscribed under this law.

5. Other Remedies. The availability of relief under this law is not intended to be exclusive and shal not preclude, or be precluded

by, the seeking of any other relief, whether civil or criminal.

6. Limitation of Action. Complaints under this law shal be brought within six years of the accrual of the cause of action or from when

the complainant reaches the age of majority, whichever is later.

7. Severability. Should any part(s) of this law be found legal y invalid, the remaining part(s) remain valid. A judicial declaration

that any part(s) of this law cannot be applied validly in a particular

manner or to a particular case or category of cases shal not af ect

the validity of that part or parts as otherwise applied, unless such

other application would clearly frustrate the [legislative body’s]

intent in adopting this law.

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Pornography and Civil Rights

The authors wish to thank the Skaggs

Foundation, Laura Lederer, Julie Melrose,

Jeanne Barkey, David Satz, John Stoltenberg,

Anne Simon, Karen Davis, and Organizing

Against Pornography for making it possible to

write and publish this book.