Lap dancers: we
aren’t selling sex

But legislators may revise the
law to specifically include lap dancing
as a form of prostitution

By Craig Gima
Star-Bulletin

As two co-workers took off their clothes to the beat of loud music on stage, an exotic dancer named Sienna sat at the bar of a local strip club and explained why lap dancing is not prostitution.

"Guys are not touching at all," she said. "They're just sitting there with their clothes on."

But Senate Judiciary Committee Co-Chairman Matt Matsunaga (D, Palolo) said he believes strippers who rub their bodies against customers for money, even if the customers' clothes are kept on, are engaged in sexual contact for a fee.

So, he said, customers and dancers who engage in lap dancing are violating the law.

"Lap dancing does fall within the definition of prostitution and is illegal," Matsunaga said.

Current prostitution law defines sexual contact as touching of "the sexual or intimate parts of a person . . . whether directly or through clothing."

The senator's comments came after a hearing yesterday on a resolution urging the Hawaii Paroling Authority to review the case of Carl Richie.

Richie was convicted on Kauai in 1996 of promoting prostitution and sentenced to 10 years in prison.

Prosecutors successfully argued exotic dancers, employed by Richie, engaged in sexual contact for a fee when they rubbed against clothed undercover officers.

Richie's attorney, Daphne Barbee-Wooten, told the committee her client is the only person convicted for something that is advertised on Oahu.

"You cannot have laws which can be applied willy-nilly," she told senators.

Barbee-Wooten said Richie's case is being appealed to the Supreme Court, which is expected to rule on the issue.

Matsunaga said Hawaii Paroling Authority Chairman Al Beaver told the committee the panel will review Richie's case and consider him for a work furlough, which could lead to his early release.

Richie's supporters may have a point, Matsunaga noted.

"They do present some compelling arguments that the prostitution statute is being applied selectively with regard to lap dancing."

While it may be too late this year, Matsunaga suggested the Legislature may look at clarifying prostitution laws next year.

Jerry Adamany of the Fantasy Island Showgirls nightclub said he would be willing to work with lawmakers to draft new legislation.

"We're more than willing to sit down and work out a resolution that works for everyone," he said.

Adamany said he believes lap dancing is more of a moral opinion issue than a legal issue.

Dancer Mary Takai, who works at Fantasy Island Showgirls, said any new legislation "should not infringe on people's rights."

Takai believes she is a performer, not a prostitute.

"It's freedom of expression in an entertaining way."