Law clear on
lap dancing
'Sexual contact' is illegal at
UPDATE: On July 11, 2007, the state Attorney General expunged the arrest record of Maria Arceo in this case.
strip clubs and there have been
arrests, but some say
it's still going on
By Heather Tang
Star-BulletinBabes in Paradise exotic dancer Kelly wouldn't take her bottom off -- no ifs, ands or buts about it.
The 23-year-old limited herself to stripping to a G-string and cavorting in front of her customers.
But the former Radford High student said most other Honolulu exotic dancers will do anything for a dollar.
"Girls here are up on stage on their knees, flat on their backs or lying on their stomachs -- letting guys feel their crotches and do whatever," said Kelly.
Such sexual violations have prompted increased city enforcement, including nightly police and Honolulu Liquor Commission sweeps that resulted in arrests of four women for prostitution and sexual contact. But there are still complaints of lax enforcement.
Under city and state laws, prostitution includes any "sexual contact" with another person for a fee, even if the contact is through clothing.
In lap dancing, female dancers generally grind their scantily clad or nude hips on the laps of fully clothed men.
'Look but don't touch'
The Hawaii Supreme Court in June decided that lap dancing for a fee is a form of prostitution."It is very, very clear," city Prosecutor Peter Carlisle said. "Look but don't touch. And on the part of a dancer, it's show but don't touch."
Police stings resulted in lap-dancing arrests last month at the Halekauwila Street cabaret, Exotic Nights. The women, ages 21 to 32, Tia Vasconcellos, Maria Arceo, Adelina Gregor and Christine Lopes were arrested Aug. 11-12 for prostitution and sexual contact.
Attorney William Harrison, who represents Exotic Nights and its dancers, says the women will go to trial Sept. 28 and Oct. 25 to contest the charges. Exotic Nights manager Hong Tran denied having lap dancing at his club.
Harrison said, "There was absolutely no lap dancing going on, no touching of sexual parts. They may have been touching customers' shoulders or face but there was no touching of sexual parts for any fee."
Harrison also contends Exotic Nights was unfairly targeted by the city to be the first application of an ordinance passed last month allowing law enforcement officials to shut down any business, including massage parlors, with three prostitution-related offenses.
No one club targeted
City Councilman Andy Mirikitani said Exotic Nights was not singled out for enforcement.HPD vice Capt. Darryl Perry said police are not unfairly targeting bars for enforcement, noting undercover officers select clubs based on public requests and intelligence sources.
HPD said direct contact with genitalia was a requirement for the lap-dancing arrests. "With street prostitution, there is a verbal exchange, an implied sexual contract for money. But in this situation, with the customer/dancer relationship, there's no verbal communication ... if there is any genital contact at all, this establishes an act of prostitution," said Perry.
But based on numerous public complaints, Mirikitani said he believes there has been selective and lax Liquor Commission and police enforcement of the violations in nude strip bars.
Anthony Chang, Honolulu Liquor Commission deputy corporation counsel, said the number of violations is normal for the city's size and high number of clubs. "With respect to enforcement of laws, the rules are being enforced as evidenced by the number of charges and sanctions brought against guilty licensees," he said.
"It's the commission's responsibility to ... minimize or stop these violations but like human sin and criminal behavior, (they) will occur every day."
In 1997 and 1998, Club Femme Nu and Exotic Nights dancers and others were fined $2,000 and $1,250, respectively, for violating nudity restrictions and for engaging in sexual acts or simulations.
A two-hour video of alleged violations at Club Femme Nu was given to Mirikitani by Warren Colazzo, owner of bring-your-own-booze strip club, Babes in Paradise.
Yn Hee Im, owner of Club Femme Nu, says the videotape is unclear and that any violations depicted were exaggerated. "Sometimes the girls move close to the customer and in the videotape it looks really close but there's actually no touching going on," said Im. "I follow all Liquor Commission laws, I'm very strict.
"My place doesn't have any lap dancing or table dancing; my girls cannot have any physical contact with customers at any time," said Im.
Owner gives up
Colazzo says he closed his "clean" club indefinitely Wednesday due to unfair competition.Police, spurred by complaints, issued four citations to Colazzo's club on July 9 because three underage dancers were performing; officers also issued four other similar citations the same night at two other clubs, said Perry. "We're here to serve the public, not pick on any one individual," Perry said.
Kelly says dancers in Hawaii perform the lap dancing and prostitution illegal acts because the laws are so rarely enforced.
"They've been doing it for so long and they've never gotten in trouble for it. Their bosses condone it and they face pressure to do those kinds of things," she said.