Appendix — Richter v. Rice

Supreme Court brief1977

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Text

Supreme Court, ¥. 9

ro FILED

AuG 22 1977 l

‘

IN THE MICHAEL RODAK, JR., CLERK

SUPREME COURT OF THE UNITED STATES

Term, 1977

No. C2-304

Paul Richter, dba The Body Shop,

Petitioners,

vs.

Baxter Rice, Director of The Department of

Alcoholic Beverage Control of the State of

California, The Department of Alcoholic

Beverage Control of the State of California,

and The Alcoholic Beverage Control Appeals

Board of the State of California,

Respondents.

APPENDICES TO

PETITION FOR WRIT OF CERTIORARI TO THE

ALCOHOLIC BEVERAGE CONTROL APPEALS

BOARD OF THE STATE OF CALIFORNIA

Joshua Kaplan, A Member Of

Hertzberg, Kaplan & Koslow

Attorney for Petitionet

HERTZBERG, KAPLAN & KOSLOW

3550 Wilshire Blvd., #1418

Los Angeles, CA 90010

Telephone: (213) 381-1121

of Counsel

SUBJECT INDEX

APPENDIX "A" coves Opinion of the

Alcoholic Beverage Control Appeals Board

APPENDIX “3” #8 8&58€©§=§=§=6—6feee Order of the

Court of Appeal of the State of California,

Fourth Appellate District, denying writ of

review, entered on May 26, 1977

APPENDIX "C" lr Order of the

Supreme Court of the State of California,

denying writ of review, entered on June 23,

1977

APPENDIX "D" «sess Expert Testimony

of Ms. Virginia’ Francis Chase

APPENDIX A

miLED.

AFR 29 i877?

er 8 Re SRS

bv. ad Coeetd

BEFORE THE ALCOHOLIC BEVERAGE CONTROI, APPEALS BOARD

OF THE STATE OF CALIFORNIA

In the Matter of the Accusafion AB-4350

Pile 24157; Keg. 5216

Against ALJ: Gruen )

PAUL A. RICHTER ) Date and Place of Hearing: |

dba The Body Shop ) January 26, 1977

3776 Riley Street $14 West First Street

San Diego Los Angeles, California

Respondent and Licensee ) Por Department:

. -: Honorable Evelle J. Younger

On-sale general license * Attorney General ;

| Marilyn Mayer |

Under the Alcoholic Beverage Deputy Attorney General |

Control Act.

Por Appellant:

Joshua Kaplan, Esq.

Appellant Paul A. Richter, doing business as The Body

Shop, has appealed a decision of the Department of Alcoholic

Beverage Control which determined:

"1. The Department's motion to

dismiss Counts II, ILI, IV and VI of the

Accusation and to amend licensee's

previous record to show ‘finality’ of

cecision relative to Accusation 43,

4-19-74 and Accusation 18386, 7-30-73,

should be granted.

"2, Exhibit A (reporter's partial

transcript in file 32772; Reg. 43) is

admitted into evidence,

"3. Article XX, Section 22 of the |

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California Constitution and Sections

24200(a) and (0) of the Buainess anil

Professions Code are not unconstitutional

and there is no violation foun?! of the

First ani Pourteenth Amendmenta to the

United States Constitution.

"4, Section 143.3(1)(c), California

Adninistrative Code was not unconstitutionally

applied to the perforiwances in the facts

found above, and there is no violation

found of the Pirst and Fourteenth

Amendments to the United States

Constitution.

"S. It was not established that

there existed conspiratorial motives or

bad faith on the part of enforcement

officials whereby respondent andi others

Similarily situated were subjected to

selective and arbitrary enforcement of

the law,

"6. Respondent violated Section

143.3(1)(¢), California Administrative

Code as to Counts I throuzh IV of the

findings of fact above. Grounds for -

disciplinary action against respondent's -

license have been established pursuant

to Sections 24200(a) and (b) of the

Business and Professions Code and Article

XX, Section 22 of the California

Constitution.”

As a penalty the department revoked respondent's license as to

each of Counts I through IV of the decision.

The department's decision further provides:

"A. Ruling on Notice of Special

Defense: All of the special defenses

and any motion contained therein, are

each overruled and denied,

"B. Pursuant to stipulation the

matter was heard in Los Angeles, California.

"C. ‘tae Department moved to

Ah-459U

dismiss Counts Il, III, IV and VI of

the Accusation, ani moved to amend

licensee's previous record to show the

decision was final relative to Accusation 43,

4-10-74 and Accusation 18386, 7-30-73,

"D. The matter was submitted

Subject to the right of the parties to

submit briefs and points and authorities.

Respondent's briefs and points and

authorities were filed on July 14, 1976.

The Departaent filed its brief and points

and authorities on July 30, 1976.

"Pursuant to Stipulation of the

parties, -the Administrative Law Judge makeg

the findings of fact, as follows:

"PINDINGS OP PACT:

“COUNT I

"On or about October 9, 1975, the

above-named on-sale licensee did permit

Denise LaMont to perform acts in the

above-desirmated on-sale licensed premises

at which time said Denise Lationt did display

her pubic hair.

"COUNT IT

"On or abdout Movember 8, 1975, the

above-named on-sale licensee did permit

Donna Diane Hillard and Linda Sue Spring

a _ to perform acts in the above-desirnated

= onsale licensed premises at which time

; said Donna Diane Hillard and Linda Sue

Spring did display their pubdic hair,

Te, a ees *

‘ . .

-~** e

"COUNT IIT

ae.

we,

"On or about November 21, 13975, the

above-named on-sale licensee di4 permit

females known only as Felicia an Jonna to

-desirnated on-

which time said

fenales known only as Felicia and Lonna

id display their cubic hair,

~et “ =

Fi Oo ee

i Bs

be) st

[oe

eee

;

”

;

“COUMNP LY

"On or about Harch lh, LV/o, the

above-named on-sale licensee dit permit

Sherry Duke and kuth Rae Uridwell to

perform acts in the above-desirnated on-

Sale licensed premises at which Lime said

Sherry Duke and Kuth Rae Bridwell did

display their pubic hair.

"SPECIAL FINDINGS:

"It was stipulated by the parties

that the reporter's partial transcript be

identified and received in evidence as

Exhibit A and that testimony contained

therein be received ag if the witness were

called, sworn and testified at the herein

hearing subject to the Same objections of

record contained in said Exhibit A.

“LICENSEE PREVIOUS RECORD:

"Paul A. Richter type ‘48° Licensed

a3 individual at above premises since

11-17-75 with no disciplinary action.

“Paul A, Richter, President and

sole stockholder of Paul Richter &

Associates, Inc., type '4f’ licensed at

above premises from 1-31-68 to 11-17-75

with the following:

"Accusation 43, 4-10-74, Rule 143,3

(1)(c) - 11 counts, Rule 143.3(1)(b) & (c)

1 count, & Rule 143.3(2) - 1 count, Decision:

45 days/fifteen Stayed, Appeals decided

adverse to respondent. Decision final,

"Accusation 1A9A1, 11-12-73, Rule

143.3(1)(c¢) = 22 counts, Rule 145,2(1) -

1 count, Rule 143,2(2) - 2 counts, and

Rule 143.3(2) -- 12 counts, Decision of

11-28-75: 30 days/ 10 Stayed; appealed,

pending.

“Accusation 1A386, 7-39-75, Rule

143.3(1)(c) - 20 counts, Rule 143.3(2) -

1 count, Decision of 3-21-74, thirty days/

~-- —_——

Atb-4 550

All

ten stayed, Appealed, 3-4-76 (sic). A

appeals eesehent adverse to respondent,

Decision final.

° ation 7562, 2-21-6%, 24200 a

BaP My oo 22, Art. XX, State Constitution;

11-17-71 ten days/five stayed ae

(imposition of penalty stayed pending +

Supreme Court Decision in the Laltue case ;

POIC (8771.63) accepted on A-6-73 in lieu,

of ten days/five stayed,

"Accusation 11791, 11-24-70, 25658a &

be& 25665, 3-1-71 fifteen days/ten stayed,

eff. 6-24-71 (posted),

"Accusation 12043 1-8-71, 25665 &

25663; 4-1-71 twenty-five days/fifteen

Stayed, POUIC ($1,108.60) accepted in lieu

‘on 6-17-71.

"Paul A. Richter type ‘40° licensed at

above premises as individual from 2-14-66 to |

3-17-67; type '48' licensed at above premises

as individual from 2-16-67 to 1-31-68, with

the following:

“Type ,"48' licensed:

"Accusation 3415, 4-20-67, 25658 aé&

_b & 25665; 4-20-67 five days, POIC (8250)

in lieu on 6-2-67,

"Accusation 4001, 1-27-67, 25658 a & b

& 25665, 8-24-67 fifteen days/ten stayed,

POIC accepted on 11-17-67 (five days); and

reimposition of ten days stayed for PUIC

(81,543.26) accepted on 8-6-73. -

"Accusation 4947, 12-26-67, 25632,

6-8-70, ten days, POIC ($1,408.80) accepted

on 7-8-70."

Appellant appeals under Business and Professions Code

section 23084, subsections (a), (bo), (c) and (d).

The department dismissed Counts II, III, IV -and VI

Sh=4 550

of the accusation at the

The attorneys for the departmer

and respondent Stipulated as to the truth of i'9

unts 1, V, VII

and VIIT of the accusation (Counts Be

Il, IIL and IV of the

department's decision). They also Stipulate

4 that a partia)

transcript of the testimony of one Virginia

L-6576, be received into evidence as if Mg.

at the

Chase, In Cage No,

Chase had testified

instant hearing (Respondent's Exhibit A), with the

objections thereto also in full for

ates in Pertinent part: "Acts or conduct on

“urses in.violation of this rule are deemed Contrary

to public welfa re no on-sale license

Such conduct or acta are §

"Live entertainment is Permitted o

except that:

"(1)

Ko licensee shall p

of or ac

ts which Simulate:"

eee

“(c) The displaying of the pubic hair, anus,

vulva or 6enitals,*

~_ ——_———

-_——- =

-—--

= e ———- +

el ————

Av-4d99U

hb=4 590

"California courts also have

recommiced that a federal district court

cannot impose a duty to act upon any state

court and that a state court acts independently

and voluntarily in responding to the

federal order, (See People y, Fasanella

(1971) 14 Cal.appo.3a Tous [92 calnper.

055}; Peoole +. Hanilton (1975) -0 Cal.

- APP. 5d “S70 (123 Cal.aptr. 390}.)"

(People v, Green, 66 Cal.App. $d sol, at

Pp. 504.) ;

n the Uy ted States Ninth Ciccuit court of Arnpeals,

entitled Richter v. The Dept. of Alcoholic tiev

No. 76-2422),

_ Control, (Case

With regard to the Stay requested by appellant due to

the.aforementioned hearing by the department, we find said request

devoid of merit. There is no evidence in the record that a

Upon appeal appellant contends: the enforcement of

repeal of section 143.3 is pending nor imminent. Moreover,

- Section 143.3 against him would amount to

repeal of said rule would not necessarily-affect violations

occurring prior thereto.

‘a deprivation of right

Ruaranteed under the First and Fourteenth Amendments to the

Constitution of the United States in at leas: t

hree respecta:

(1) that .section 143.3 cannot

With regard to appellant's request for a Stay of these

. consistent with the guarantees of

proceedings due tc his appeal to the United States District Court

the First Amendment,

‘apply to forbid dance performances in.a

of Appeal for the Ninth Circuit, Supra, Business and Professions

neighborhood theater absent Toss sexuality on the facts of

Code section 23084(e) and Article XX, section 22 of the California

ww .

oe >.

the particular application, (2) that it is inconsistent with

Constitution, cited by appellant, permit a remand (not a the due rrocess guarantee of the Fourteenth Amendment read in

}

suspension) only and this is only when relevant evidence could

light of the First Amendment context of this action, for the

not have been produced, or was excluded, at the department hearing.

revocation of his license, is so excessive

redundant act.

'¢ determination of Bross sexuality to be made by any other than a

Appellant has shown no relevant evidence which was not considered 4 Judicial tribunal in the first instance, and (3) that the ©

by the department. The appeals board is not aware of any legal procedure herein, by not Guaranteeing applicant judicial review

nsitietie to suspend a proceeding before it on appeal. A matter 4 of the department's decision as a matter of right, fails to

is stayed by law while being considered by this board and 4 t P afford appellant minimim due process, and violates Article XX,

during the time that an application may be made for a Writ of i esetion 22 of the Constitution of the State of California; and,

Review to the appellate courts (Business and Professions Code t appellant further Submits that the drastic remedy herein sought,

section 23090.7); hence, granting such a stay would be a

and abusive in

Pinally, in People v. Green, 66 Cal.App.3d 801,

relation to the conduct at issue

the court stated:

eye s

as to be beyond the department's

1 BEST GOPY AVAILABLE !

= —=—

AiWt-4 450

AL-6 350

considered therein was unconstitutional because it went beyond

: administrative discretion,

licensed premises in its application.)

| Appellant's contention that since Frosn sexuality was °

Appellant's contention that the instant procedure amounts

- not proven as to the dance

performances, section 143.3 constitute:

to an unconstitutional prior restraint on appellant's constitutional

a violation of the First Amendment as

right of free expression under the First and Fourteenth

applied to the specific

| Amendments, is devoid of merit (California v. LaRue, supra,

violations herein, is devoid of merit. The violations e@ ,

409 U.S. 109 (93 S.Ct. 390] and Doran v. Saiem Inn, Inc., supra,

Stipulated to specifically indicate the licensee of the subject ' ere

95 S.Ct. 2561). There was no injunction applied by the department

premises simply permitted individual females to display their

. prior to its hearing regarding the instant accusation under

pubic hair. The testimony in Respondent's Fxhibit A did not

e section 145.3, a fortiori, the licensee was and is allowed to

pertain to the acts on the dates in question, However, es é °

. ai proceed with his alleged communicative acts without any prior

assuming arruendo the exposures herein in some manner partook of . 8

restraint thereon. Moreover, as heretofore indicated, the

communication, we find appellant's “gross sexuality” argument a

department is not allowed to enforce its decision during the

to be unpersuasive in view of the reaffirmation of the simple °

pendency of an appeal with the Alcoholic Beverare Control Appeals

_ Nudity test of California v. LaRve, (1972), 409-U.s. 109 (93 s.c es

7 ard and during the time appellant may file a Writ of Review wit

390], in Doran v. Salem Inn, Inc., (1975) 95 S.Ct. 2561. In ™ . ” ’

the District Court of Appeal or Supreme Court after the Appeals

Doran the United States Supreme Court stated: .

, ® Board's decision (Business and Professions Code section 23090.7).

"Although the customary ‘var rvon’

type of nude dancin may involve only

the barest ainiguas

nicum of protected expression,

Clark v. The City of Fremont, Nebraska, 377 F.Sup. 327,is not

we recognized in California v.

LaRue, 499 applicable because it misinterprets the decision of LaRue to

U.S. 109, 118, 93 S.Ct. 309, 397, 34 L.Ed. ;

2d 342 (1972), that this form of entertainment mean that a finding upon gross sexuality is required in licensed

mipht de entitled to First and Fourteenth _ :

Amendment protection under sone circumstances,

In Laue, however, we conclude that the

broad powers of the states to regulate the . sexuality is not the test that is required in LaRue; mere nudity

sale of liquor, conferred dy the Twenty-

First Amendment, outweirhed an: First

aS ot 8 3 in a licensed premises is sufficient.

Amendment interest in nude dancin’ and eas

that a state coula therelore

ancin# as a part o

premises. As stated in Doran v. Salem Inn, Inc., supra, gross

2tn suc

: ‘Appellant's contention that the instant procedure fails

its liquor license

Drorram,.” to afford him a meaningful opportunity to be heard and denied

‘mpnasis ours, p.2568.)

(The Doran Court went on to conclude, that the statute being

— ; 3 10

—_—

™ tl. icc Ct:

At~4 500

him due process of law, is devoid of merit. This is nota

Situation as the court was faced with in Hisurelli vy.

City of

Racine, 346 P.Sup. 43, where th

e liquor License might expire prior

to a final determination of the denial of the

renewal; and

liquor license's

» that the only grounds for reversal of the liquor

license denial would be if the Gunicipality decision had been

found to be arbitrary, capricious or discriminatory, Under

Business and Professions Code section 23090.2, a court on

review (as did this board) may consider whether: the department

has © proceeded without or in excess of its jurisdiction; the

department has proceeded in the manner required oy law;

the

decision of the department is

Supported by the findings; the

findings in the department's decision are supported by substantial

evidence in the light of the whole record; and,

there is

relevant evidence Which, in the

exercise of reasonable dilivence,

could not have been Produced or which was improperly exeluded

at.the hearing before the department,

affected by a final order of the appeals board, may, under

Moreover, any persona

Business and Professions Code section 23090, apply to the Court

Of Appeal or the Supreme Court for a Writ of he:

view of said

final order within thirty

days after the filing of said final orde

Under Business and Professions Code

section 25090.7, no decision

of the

department which has been appealed to the board and no fina

order of the board shall bocens effective during the. period in

which a petition may be made for such a Writ of Review; and,

Alt-4 550)

under Business and Professions Code section 25090.6, the court

before which the Petition for a Writ of Review is filed may stay

or suspend, in whole or in Part, the operation of the order,

rule, or decision of the department,

Appellant's contention that Article «x

» Section 22 of the

California

Constitution has been violated by a change in the law

which removes the right for judicial review of appeals board

decisions in all cases, is devoid of merit. The subject

Constitutional Provision states: "Orders of the board shall be

subject to judicial review upon petition o

£ the director or any

(Emphasis added, )

“Orders shall be reviewed,"

party aggrieved by such order."

It does not

state: Since the appellant has the

ability to appeal the board’

Ss decision to the courts of appeal of

the

State of California under Businese and Professions Code section

23090, with the concomitant right to have the decision stayed

upon said appeal, the Provision in Article XX, section 22 has deen

appropriately provided for by statutory law,

(Also see: Francisco

Enterprises, Inc. v. Kirby, 482 P.24

481, which concludes that the

department is a state

court of limited jurisdiction. )

Appellant's contention that the penalty of revocation

lies beyond the legal boundaries of the department's regulatory

discretion under these facts, is devoid of merit. Many of the

previous Violations of appellant have become final,

Kirb by, 13. Cal.3rd 95, cited by appellant,

trade matter the department gust

Walsh v,

indicates that in a fair

serve an accusation on a licensee

—-_———

meme... -

ALB-4 550

prior to the date ofa Subsequent Violation,

permitted to file a subsequent

in order to be

accusation based upon said

Subsequent Violation; no final decision ls required before the

subsequent accusation can. be filed, however,

Walsh does not

concern Situations, such as

this, involving an habitual violator,

department is given broad discretion as to the

imposition of

@ penalty (Cadilla v. Bq.

26 Cal.App.3ra

Commission, 47° Cal.App.3rd 224).

record demonstrates appellant is

of Medical Examiners,

961; Lake y. Civil Service

the

Since

an habitual offender as

to the rule involved and unwilling to conform (Dave's Market, Inc.

v. Dept. of Alcoholic Bey, Control, 222 ca)

Rptr. 348]),we

-App.2d 671 (35 cal.

Cannot say imposition of the penalty

of revocation

in this case constitutes an

abuse of discretion as a matter of

law. (See Martin v, Alcoholic Bey, Control

Apceals Bd. @ Haley,

» Supra, this

decision of the department, as were all of its other decisions

92 Cal.2d 287 [341 P.24 296).) As discussed

‘pertaining to appellant, is “subject to” judicial review,

There is no merit to the issues raised upon appeal,

The evidence Supports the findings, and

the findings Support the

department's decision, ¢

which is affirmed,

PETER M, PIMWEGAN, CHAIRMAN

ALCOHOLIC BEVERAGE CONTROL

APPEALS BOARD

We Concur: ©

Patricia Wilkey

Eugene vy. Lipp

APPENDIX B

aaaoes , won) .

ie. —

;» COURT OF APPEAL—STATE OF CALIFORNIA

* ETERS Ue Mi Peak Cuan LIST.

iy FOURTH APPELLATE pisrrucrsy § ta BY

| | ay 26 1977

DIVISION ONE

4 Civil ny 16628

vs.

TER RICE, Director, Department SUPENIOK COURT NO,

rd, etc., ot al, Alcoholic Bev. Control #4350 ,

_ Respondents. ;

File 24157

Th. ~ COURT:

2 one yee |

AUT. A. RICHTER, - |

APPENDIX sy ”

The petition for writ of review with requcst for

temporary

tay is denied (Califomia v. Laltue, 409 U.S. 109 (93 Ss. Ct, 390);

ren v. Salem Inn, Inc., 422 U.S. 922, 932-933 [95 S. Ct. 2561,

> J; Crownover yv. liusick, 9 Cal. 3d 405; Denartisent of Alcoholic }

vy. Control v. Superior Court, 268 Cal. App. 2d 67), ,

" }

}

. h

Dit. ‘|

4 ,

»|>

$ A...

Presiding Juslice

to:_lertcherr,, Varlen & Koslow-La ;

Attorney General-SD

EXHIBIT } APPBNDIX "B"

| Kolon |

1 CLERK'S OFFICE, SUPREME COURT

4250 STATE BUILDING

’ San Francisco, Causrowia 94102

UN 2.5 1977

I have this day filed Order

_ —_ ee eee |

—__qyennitiG DENIED

nin APPENDIX D

In w:—4 Civ, No..___ 16628

Richter ee

aaa = a

| vs.

sana: adeicenialeiilisstlces

Respectfully,

G. E. BISHEL

Clerk

STATE OF CALIFORNIA

OFFICE OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF ALCOHOLIC SEVERAGE CONTROL

> IM THE MATTER OF THE ACCUSATION AGAINST:

DCA THE BODY SHOP,

3776 RILEY STREET

SAN DIEGO CALIFORIIA

PAUL RICHTER & ASSOCIATES, Itic.,

92110

“CASE NO. L-6576

weVyrVYyYYeYe ae

——_——<— <— © See

PRCSENT:

> HARRISOM Ww.

DURIS ft.

JAF,

RCPO2TER'S TPANSCKIPT

SAH DIEGO, CALIFORNIA

DECCMGER 13, 197%

TZCESG,

STAFF

ES4.,

COUNSEL

WILLIS MEVIS, AOMINISTRATIVE LAW JUDGE

FOR THE RESPONDLIL:

REPORTED CY: Of.

SAN DIEGO OFFICE

S'ITE 110 443 WEST C STREET

SAT DIEGO. CALIFORNIA 92101

(7145 234.7242? C1714) 233-5271

LOIS HUGHES, CSR NO. 3031

MARTHA L. DIX, CSR, CP, CM

San Diego County's Furst State Champion

CERTIFIED SHORTHAND REPORTING SERVICE

#714) 743 4611

16.00 WMICHA VISTA WAY

CAHLSDAID. CALH Ota 9

(714) 729 2267

NORTH COUNTY OFFICES

275 EAST THIRD AVCIIUC

ESCONDINO. CALIFNONMA 927925

~—-

1HOLX

- VOIR-

WITNESSCS FOR THE DCPARTMENT: D Xx RD RX DIRE

FURTAK, ROSERT ALAN 16 24% 57 4O '

CFURTHER 9 "9

STEFFEN, FRAIIK J. 52 64 95 95 61

CRESUIED ) §2

CFURTHER ) 96

WITHIESSES FOR THE RESPONDENT:

CHASE, VIRGINIA TRANCES 160 169 Ss 2

CRESUMED) L4G

Ep UP ITS Feet THe DEPART T ISErit. a

A - REPORT, 11-15-73 77 ?

FYHIBITS FO? THE BESPONNSN, ail

— ‘

& - GROUP GY PHOTOGRAPHS 157 :

al '

1¢0

DIRECT CXAMINAT LOH

BY MR. HERTZBERG:

Q WHAT 1S YOUR PRESENT BUSINESS OR OCCUPATION, MISS ..

CHASE? we |

A I'M PRESENTLY WORKING AS ASSISTANT DIRECTOR AT

WARHER BROTH=RS Ot FEATURE FILM PRODUCTIONS.

Q AND DO YOU WORK IN THE FIELD OF THEATER ARTS?

A ee te a

Q HAVE YOU HAD AMY EDUCATION IN THE FIELO OF THEATER

ARTS?

ea YES.

Q COULD YOU TELL US IN CHRONOLOGICAL ORDER THE EDUC’ -

TION YOU HAVE HAD, THE SCHOOLS YOU WENT TO, THE CEGREES YOU

HAV™ RECEIVE?

MS. dJAbFE: ALL RIGHT. AT THIS POINT, I WILL INTERPOSE

OBJECTIONS CN THE FOLLOWING BASIS: I OBJECT TO QUESTIC:HS

REGARDING “HE THEATER EDUCATION OF THE WITNESS ON THE SASIS --

AND WILL ALSO OBVECT TO POSSIBLE FORTHCOMING TESTIMONY REGAF= it!

THE EXPERIL:.CL OF THE

WITNESS If! THIS FIELD -- ON THE BASIS

THAT IT 1S 1HMATERIAL AND IRRELEVANT, AS Itt THIS INSTANCE we

ARE DEALING WITH A LICENSED PREMISES, A PUGLIC PREMISES OR A

COCKTAIL SA®,. WHICH FS DIFFERENT THAN A THEATER, ANDO HENCE THE

OcUELC roti Ol: THE GROUNDS ©” IRRCLEVANCY AWD L4MATCRIALIVY.

THE HEARING

OFFICER: “COUNSEL?

MR. HEKTZGERG:

WELL, i INTEND TO QUALIFY THIS’ WITNESS AS

AN EXPERT IN THE FILELO OF THE DANCE. 1 INTENO TO HAVE HER Sv

WELL QUALIFICD WITHOUT QUL*TIOM AS AN CAPCRT IN THEATER ARTS

I MAVE TO -- 1 TMi TO F.AC HER LTO TH ARCA OF WHETHER FE

com

- HAS SEEN, AS

‘= ARE CONSTITUTIONWAL OR ARE NOT COVERED THEREBY.

ENTERTAINMENT IN LICENSED PREMISES.

lui

Dec

PCRFORMANCLS AT THE BODY Silom, WHICH SHE HAS NOT ONLY SCEN BUT

SEEN. FILMS Of, PARTAKCS MOR OF GROSS SEXUALITY THAN OF

COMMUNICAT IOt.

PRIMARILY, SHE WILL TESTIFY AS AN EXPERT IN THE

COMMUNICATION OF DANCE AND THCATER ARTS. SECONDARILY, SHE WILL

ALSO TESTIFY THAT THE PERFORMANCES AT THE BODY SHOP, WHICH SHE

I SAY, ARE MORE CLOSELY ALLIED TO A BALLET. SHE

WILL GO INTO THE CALLET, THAT THE DAMCE 1S NO DIFFERENT THAN

A BALLET EXCEPT IT'S A QUESTIO? OF TASTE, AND THESE ARE NOT

BACCHANALIAN REVELRIES AS OUTLINED IM LA RUE AND IS KNOWN AS

THE -- THAT THE L/ RUE RULES, AS APPLIED TO THIS DANCE - AND

WE'RE RAISING THE CONSTITUTIONAL ISSUE AS APPLIED TO THIS DANCE

AND SHE, AS

AN EXPERT,

WILL SO TESTIFY’.

MS. JAFFE:

WELL, MY REACTIG OF LA RUE REQUIRES ONLY HAKED

I BELIEVE THAT COUNSEL'S

OFFER OF PROOF GOLS BEYOND THE DECISION Ati>D ADWS MUCH CREATIVE

INTERPRETATIONS feERETO. ‘SO TL WOULD SURMIT FOP THE RECORD ..1

OBJECTION Ol THE CASTS THAT IT 1S WITHitl ComMoti KNOWLEDGE THal

TRERE IS A GREAT VISTINCTION BETWIEN A THEATER AiD A TAVERN OR

COCKTAIL BAR.

MPR. HCORTZBERG: WAYSE YOU ANDO | UNDERSTAND THE DECISION,

CALIFORNIA VERSUS LA RUC, GIFFERENTLY, CUT AS TO THE OCCISION,

IT SPECIFICALLY SAYS, “BLEL-USE OF THE POSTURE OF THIS CASE, WE

HAVE NECESSARILY DEALT WITH THE REGULATIONS ON THEIR FACE ANS

HAVE FOUND THEM TO BE VALID. THE AOMONITION CONTAINEO IN THE

COURT'S OPINION Ill SEAGRAM AND SONS VERSUS HOSTETIER, SUPRA,

1S CQUALLY [TM POLIT HERE: ‘ALTHOUGH IT

1S POSSILLE THAT oe

—--~S

——

“ al

‘

FUTURE APPLICATIONS" OF THOSE RULES "MAT CUGCUDER CONCRETE ‘ 193

PROBLEMS OF CONSTITUTIONAL DIMENSIONS, IT WILL eC TIME CHOUGH A. aly COUSIVERING THAT IM THE WHOLE CONTCAT OF THE DECISIO

TO CONSIDER -ANY SUCH reaquere WHEN THEY ARISE.'" | oe Pe nn See TAS TS CONT RE, OS ee tee tee —

be “AND L SAY THEY HAVE HOW ARISEN. WE ARC HERE. BASED ; CALIFORNIA 1S CONSTITUTIONALLY CMPOWCRCD TO TAKE PREVENTIVE .-

UPON THE RULI, ME ARC ENTITLED TO INTRODUCE EXPERT TESTIMONY TO | See PORT CORNET, SUEN AS MEAT 1S OERERIGED O00 Te

“SHOW THAT THE penvomunces BEING CHALLENGED HEREIN IN THIS ACCUSATION, FROM OCCURRING OM LICENSED PREMISES AND VERY

ge? ISCIPLINARY PROCEEDING -- THESE ARE NOT THOSE THAT - WHICH I Ser sei TEL she FORTH THE DISTINCTION BETWEEN THEATERS AND

QUOTE FROM LA RUE - "PARTAKE OF GROSS SEXUALITY" GUT ARE MORE, . LICENSED PREMISES. |

SAY, A PARTAKING OF COMMUNICATION PROTECTED BY THE FIRST -- FURTHERMORE, AS I READ LA RUC, THE COURT IS RECOGNIZ

AMENDMENT HO: 1, AND, AS 1 SAID PREVIOUSLY, THEY ARE NOT THE ' | ING THE POWER Il] THE STATE OF CALIFORHIA TO ENACT PREVENTIVE

ALLIED IM KINO TO THE BALLET HE REFERRED TO THAT WAS PROTECTED ' | TESTIMONY TAKEN IN THE 2ULES HEARINGS, AIO IM THOSE CASES, THE

scam TRUS 1% fet APPLICATION OF Tueee QuaaS. 17°S A NEW ORAL 7 | QUALIFIED PERSONS IN LAW ENFORCEMENT DID TESTIFY RELATING TO

3 | THE PROBLEMS RESULTING. FROM THIS TYPE OF ENTERTAINMENT IM THIS

GAME, AttO THAT'S IT. : | | | |

48. JAFFE: MELL,. COUNSEL'S INTCRPRETATION OF LA RUE | SPECIAL CIRCUMSTANCE, THAT 1S, LICCHSED PREMISES WHERE THER: °S

WILL ADMIT IS DIFFERCNT FROM MY INTERPRETATION, AND 1 QUOTE 4 THE SALE AlD CONSUMPTION OF ALCOHOLIC BEVERAGES. |

FROM THE OPINION: “THE STATE REGULATIONS HERE CHALLENGED COME é SO, THEREFORE, | SUBMIT THAT THE RULES HAVE GEEN HEL

TO US HOT [1 THE CONTEXT OF CENSORING A DRAMATIC PERFORMANCE IN ny CONSTITUTIONAL. THE RULES DO NOT REQUIRE FOR A VIOLATION

fh THEATER, SUT RATHER [tl A context Of LICENSING SARS ANDO NIGHT- : THERCOF ANY EXPERT TESTIMONY. THE RULES REQUIRE FOR A VIOLATIO

CLUES TO SELL LIGQHUR BY THE DRINK." AnD THE OPTION GCES TO THEREOF GHILY TIE “RE EXPOSURE OF THE DESIGIATED PARTS OF THE

- AWATOWMY ALLEGED Ii: THE RULES.

THE -- WILL BE RIGHT ON THAT POINT. ‘le ecg ea »

HOWEVER, WHAT 1 WANT TO EMPHASIZE, IF 1 CAN GET TO ) : , ; STIMONY RELATING TO THE THEATER |

cee Ghee Cuned ts Ob WAECE. 10 A CeRTI er te 14 Gee emeene, EF I, SF PS ne ENS SENT EE GEE PRON TE CURL ES

"THE DEPARTMENT'S CHOICE OF A PROPHYLACTIC SOLUTION INSTEAD OF S| PREMISES Ally 1S FURTHER IMMATERIAL BECAUSE THE VIGLATIONS OF

p| ONE WHICH WOULD HAVE REQUIRED ITS OWN PERSONNEL 10" yuose | : wn SO OS Oey RENNES SESH TS Soom scores ae 5 aia

INDIVIDUAL INSTANCES OF INEBRIATION CANNOT, THEREFORE, BE | ee. | ”

DEEMED AN UNREASONABLE ONE UNDER THE HOLDINGS OF OUR PRIOR ; | SUGMITTEO.

aie : ad _ BR. WERTZBERS: WELL, ALL 1'VE GOT TO SAY --

> wats = oP "UME HLARING GiFICER: MAY | SEC A COPY OF L& RUC? I'VE

READ IT, BUT ROT

STAND; OR, THREE, «§ OVERLOOKING --

WS. WERE: at THIS POULT,

MAR. HERTZLERG:

MS. JAFFE: Ano | SO OVE.

WAR. HERTZBERG: WELL, AT ANY RATE -

MS. JAFFE: wart A MINUTE,

AY MOTION.

THE HEARING OFFICER:

LEGITIMATE ARGUMENT, 4 DON'T THitimK

AGREEING WITH THE OTHER sine,

4S. JAFFE: Yes, HOWEVER,

TO GO IM THEIR DISAGREEMENT AS TO REMARKS.

THE HEARING OFFICER: I

SAYS HE DOESI'T AGREE WITH You.

MS. WAFFRE: 19, HAD HE SAID THAT, PERHAPS

MADE Tit HOT LOM TO STRIKE,

MR. WERTZBC%: WCli., LCT mE -- IT'S yUuST -

%, GET ONE THING ACROSS, AND THAT IS THIS,

THERE ARE Two WAYS OF CHALLENG

OR ORDINANCE ne “UIC.

e ONC IS CH OITS FACE AO Tc OTHER

APPLIED IN THIS CASE.

GOING BACK To 1897,

CASE OF YICK wo VCRSUS HOPKINS,

AN ORDINANCE: WHICH SATO Tit

Mvwococn wurcoin. OUT OF THO MUEHPEE nee ree

AR. WERTZBERG: MUST LET me MAKE THIS COMMENT,

COUNSEL TOTALLY FAILS TO EITHER ONE, COMPREHEND

{ OBJECT To COUNSEL'S

YOU WANT TO MOVE TO STRIKC THEM?

1 WOULOH'T Haye

~ | CAN'T SEEM

SIMPLY THIS,

“4

I THIN

UNDER

104

STATEMENTS.

1'O LIKE TO HAVE A RULING or

1 BELIEVE THERE IS FROBABLY A

YOU'LL Fino Many COUNSEL

T'S HOW P42 THEY ARE PCRMIT™EG

DON'T SEE ANYTHING PERSONAL IN

THAT

IN A VERY FAMOUS

THE CITY OF SAt FRANCISCO HAD

‘ST YOU CouLD mnt BUILD A LAUNORY fF:

iT.

ING CONSTITUTIONALITY OF ANY LAW

1S HOw IT'S ACTUALLY {

lu,

LICENSE. GUT OF ONE NUMDRLO EIGHTY-F IVE THAT WERE CHINESE, !97

OWS OF TIHILM GOT A LICENSC. ;

NOW, THAT ORDINANCE WAS PERFECTLY VALIO ON ITS FACE,

LIKC THE LA RUE CASC. “Thi ONLY DIFFUREHICE, THEY WERE APPLY ING

IT UNCONSTITUTIOUALLY. THEY WERE ONLY GIVING THEM TO WHITE

PEOPLE, NOT TO CHINIESC PEOPLE.

It! THIS CASE, | INTEND TO SHOW BY EXPERT TESTIMOFY

THAT THIS IS BEING UNCONST TUT IONALLY APPLIED, tO OLFFERENT

THAN IT OID It THE PREVIOUS HEARING IH THIS CASE IM THIS VERY

ROOM, ISS JAFFE, AHD IF YOU WAIT TO OLUECT TO IT, I'Lt OO IT

BY OFFER OF PROOF, AND I'LL SIT HERE FOR AN HOUR ANDO GO THROUGH

EVERYTHING SHE'S GOING TO TESTIFY TO.

MS JAFFE: WR. HEARING OFFICER, MAY I.REPLY TO COUNSEL'S

' . “ -* =e b

LAST COMMENT, ANID I'LL TRY TO BE BRIEF. :

AS THE HEARING GFFICER. WELL KNOWS, THERE ARE NO

ALLEGATIONS 11 THE ACCUSATION AS TO THE RACES OF ANY OF THE

DACERS.

FURTHERMORE, AS TO TH UNCOUSTITUTIONAL APPLICATIUH

OF THE PYULE, AS THE RECGRG STANDS wOW, IT SHOWS FROM A PERLOG

OF TIME OF -- WELL, LET ME BE SPECIFIC -- NOVEMCER THE 1ST,

1973, TO FEBRUARY THE 23RO0. 1974, AND FURTHER BCYONID THAT DATE

-- WELL, SILKE TiiMT. TO THAT PERIOD OF TIME, FESPONDETT

LICCHSEE WAS THC ONLY LICENSCE wiTsitn Tuc CITY OF .SAN O1EGO,

WHICH IS Oli OF THE LARGEST CITIES 11) CALIFORNIA, THAT OFFERED

| |

: ONY

NUDC ENTERTAINMENT; SO, THEREFORE, I SUBMIT THAT THIS TESTIMG

CALF PROVE THE UNCQUAL ENFORCEMENT OF TitE LAW Ol THAT GASI-

ME. MLR T/L. : YOU HAVEN MLARD Th TLSTINOY.

° _— «

—

' i

HCARING OFFICER.

3 MR. HERTZBCRG: YOUR HONOR,

OOP MLD HIS Ofte of Pettegeal

PROOF, CUT YPEPCHDING UPON YouR RULING, If I HAVE TO,

® TO, BECAUSE | HAVE GOT IT ALL LINED UP.

6 MS. JAFFE: $0 00 I, COUNSELLOR. I'm SORRY.

a I'LL SUBMIT IT TO A RULING.

” THE HEARING OFFICER: FIRST,

a OF PERTINCHT PROVISIOr

" I'VE READ.

3 THE HEARING OFFICER:

IS OF LA RUE.

ANY MORE ARGUMENT Ol THIS?

2 MR. HERTZBERG: I'LL SUBMIT IT.

@ STAND REACING FROM THIS OPLHIOM, THE SUBSTANCE --

% UNCERLINING?

i MS. JAFFE: WHAT PAGE IS THAT?

iG THE HEARING OFFICER: PAGE 9.

MR. WERT ZRERG: | HAC OCHE IT FOR MY RENEFIT.

” MS. JAFFE: PERHAPS YOU WOULD LIVE Tu

” UHDERLIMITIG.

= ING CITHER A FORM OF

+ “HICH PARTANEC MORI

@ ALL RIGHT.

é THE HEARING OFFICER:

STRUCK DOWN PROHICIT LICERNS

BOVICS OR LIVE ENTER TALIMtENT

: a+,

» RP,

[ HAVE MOT MADE AN OFFER OF

I'LL GO

THROUGH CVE® YTHITN. PERSONALLY THAT THES LAOY IS GOING TO TESTIFY

1 APOLOGIZE.

I'D LIKE TO RE-READ A COUPLE

IF I UNDERSTAND LA RUE, AS 1 UNDER-

IS THIS Your

"THE SUCSTANCE OF THE REGULATIONS

*PCRFORMA'

OF GROSS SEXUALITY THA OF COMMUNSICAT 1085 .

gee se <—p~ -<~

San Fs

= PES

AX, ¢. eae fae

- am

SEE WY COPY WITH Ky

ED CARS ANDO NIGHTCLUBS FROM DISPLAY-

ccs

NOW, | THINK THIS IS THE PURPOSE OF THE

M% REGULATIONS, IS IT NOT? ARE WE ALL AGREED ON THAT

7 MS. JAFFE: HOVEVER, SHPHASIS SHOULD Bf ON LIve E':TCRTAIMN=|

™ ALT! . .

6 ?

a a ee en ee ee Metmre’ §° OBB eS Bre,

- ©. ~~ rere ‘>. ay Ore ee ee ce in Med

y 6... Mees twee Gs a+ meds: Wee - “eo Nets Aritrace a Mae) ~ a heearttrnet 12 QO er ngere «.

. cd “-" — ‘* @ _

- , - i . a S «6 we ;

. s ~~ see - 4.4 = 4 ee -,

*. 7 te, %6 ky ‘av - a2*. * S ‘ = it ‘es . i “eases -? ~, °.¢

8 i Se ea EE AONE OS ase

- . e af . - 4

. ane, . ’ Ar. Pe e* . - * - ~~ - a 3°, eé ed te . ? /* P ere Pt haell 7

Sagi: O88 ba 9 8 bg WE Ne - a eS

» a Se at —* -_ _™ - ial ‘8 ——— wee, °° oe ra > w+ Gee fir

oo a «! =" d < ‘ ‘ +m aw - wet = ~

_ mw Se.,* as > 2s Rea’ @ ‘ “Ne oe ‘

on s >. © we “ ited ove Tete et EO ee ge She

o Oe ~~ a - - a i _ -— ad s* @ * *s aed a ..@ se

= »~ ° ag jen 7 - all "ee are “ nn

-§ ° , -_ i- - ™ al . s \ ” : e -

“ ."_ —/~ -r - a*- a oo - p . oo a bl

o _~ 2 Ange | *-*, r-« ~ . r.. * eto — —— Je on ae > we: aa _ r

~d *. >, % 24 ‘ Se

~* *. = 4 _ . “s Ce, mo o @ > «* > - i “ . é te - i ‘9

a 7 ~ eae x." ‘" ~* a” ore

a =) 20... .F% ; sf Sm we, tee” au wee” . ° ? ee a — ~~ " Det Qn:6" 5s . _ Pree

4 -. ade . oat ate a 8 “a ‘ ~~" « *., nite “os . - re d na " = *y : ‘ef r

te © ~ oe oe, *.. Soe - 7 ° Ss —_ 4. i, ae 0 ve oy ~* *

as 08 eee ee -. Pity SoG I ne Oe od’ "ee - Oe .<—- oP intemets - an a ee ee

: ‘ :

’ 23 }.- o- ‘P aakey 6. oer Se fo. SP aon* +i 46

2 2.’ — in F> , Pl : _— r° és.

q : pa 2 es 3 fF ~" oF ,- —~f,

= Pets SF SS: Sa MSe.

——s mene osteo. a." tgs s .

‘

° §

#-, -

PO Se eee |

. 7 — . ‘«e *. . _ eo . ee . . : v -

Pesos pe inant a3 gee [0.0% os’. 0.! Se" oe eMte oem.'. a 4s . “ - ~-.- me |

: Pat-d "em oe Se e% Siwee . _ @ or Oe :

_— ore

this

THE HLAGING OFFICER: SELL, WHAT L was GLTITING AT, SEEMS

TO HE, "PARTAKING MORE OF GROSS SEXUALITY THAN OF COMMUNICATION

HOW ARE WE GOING TO DETERMINE WHICH IT 1S? ;

MR. HERTZBERG: I HAVE AN EXPERT TO DO THAT.

THE HEARING OFFICER: THAT'S WHAT IT'S GETTING DOW TO,

MS. JAFFE: MAY | DIRECT THE HEARING OFFICER'S ATTENTION

TO -- |

THE HEARING OFFICER: LET ME CONTINUE JUST ONE MOMENT, «00

YOU MAY ARGUE AGAIN.

GETTING DOWN TO THIS OFT QUOTCD PHRASE OF MR.

HERTZBERG'S, “WERE THEY TO INSIST --" “we WOULD POORLY SERVE

BOTH THE INTERESTS FOR WHICH THE STATE MAY VALIDLY SEEK VINDICAsY

TION AND THE INTERESTS PROTECTED GY THC FIRST AND FOURTEENTH |

ABCHOMNCETS WERE wl TO IMSIST THAT THE SORT OF CACCHAHAL IAN |

REVELRIES, WHICH THE DEPARTMENT SOUGHT TO PREVENT SY THESE

REGULATIONS, WERE THE CONSTITUTIONAL EQUIVALENT OF A PERFORMANCE

bY A SCANTILY-CLAD BALLET TROUPE IN A THEATER.

“THE DEPARTMENT'S CONCLUSION, EMBODIED IN THOSE

RCGULATIONS, THAT CERTAII SEXUAL PEPFORUALCLS AillL THE O15PEt 7 4-

TIGH OF LIQUOR L¥ THE OR THK OUGHT MOT To occUR SIMULTANEOUSLY

AT THE PRFMISU3 --"

OW, IF TS TOUR POSITION OR THE DEPARTMENT'S POSI-

TiGi: THAT 4. YIOLATION OF THESE REGULATIONS “RE, PLR SE, SEXU-.

PCRS UORMAIICES ? .

MS. JAFFE: IT IS THE -- |

THE HEARING OFFICER: GROSS SEXUALITY? '

HS. JAFFL:

IT TS THE GCEPARTNENT'S POSITION TRAT LA RUE

AUTHORIZES THE DEPARTMLHT TO TAKE -- 1's LOOKING tow AT PAGE

THE FIRST PARAGEAPH, APPROXIMATELY THE FICTeEcntTy LINC OOWN,

“THE OCPARTHLIT'S CHOICE OF A PROPHYLACTIC SOLUTION INSTEAD 1F

ONE"

TO JUOGE INSTANCES OF IMNEGRIATION CANNOT THEREFORE SE DEEMED

AN UNREASONABLE ONE UNDER THE HOLDINIGS OF OUR PRIOR CASES."

Low !

THE HEARING OFFICER: GO AMEAD.

WS. JAPFRE:D == "WHICK WOULD HAVE REQUIRCO ITS OWt! PERSOTNES

WOW, IN MY OPINION, THE UNITED STATES SUPREME COURT

IW LA RUE iS TELLING THE DEPARTMENT YOU DON'T HAVE TO HAVE THE

SEXUAL CONDUCT THAT WAS ADDUCED AT THE RULES HEARING PRIOR

THE ENACTMENT OF RULE 145 Iti ORDER TO SURJECT THE LICENSEE

SUSPEHSION OR REVOCATION.

IT §S SUFFICIENT THAT -- AtiO AUTHORIZED FOR TRE

DEPLRICT TO, I EFFECT, USE THESE RULES AS A PREVENTIVE chots!

FOR PREVENTING VIOLATIGHS OF PENAL CODE StCTion 547 CA), 28. cal

ANO WHAT HAVE YOU, FROM OCCURRING Of LICENSED PREMISES, AND IT |

IS PUTTING ITS STAMP OF APPROVAL, I11 AY OPINION, Ot: THE RULES |

AS A PREVENTIVE OrVvice.

THE HEARING OFFICER: LA RUE SAYS THAT -- WHAT'S THE RULE

INVOL YEO?

MS. JAFFE: 1935.3, I SELIEVE. YES, 143.3, SUB 1, SUB C,

SUB eb.

THL HEARING OFFICER: 145 --

MS. JAPEES 25, SUS 1 AND ITS SULPARALRAPHS AND SUBPARA- |

GRAPH 2. HOW --

MR. HERTZBERG: I CAN ANSWER -- |

MS. JAFFC: 1 HAVCH'T COMPLETLO MY STATCHCNT YET. THE |

| HEARING OFFICER LiruIRED © THE LEPARTMENI'S posit tOR.

L _

1" 7

® ;

THE DERPARIMCHT'S POSIT t(or 1S, ih Wr OP TMLON, THAT

THE ACTS AND CONDUCT PRESCRIBED BY THIS

EXCEPTIONS AS THEY COME, AND THIS DOES COVER GROSS SEXUALITY.

SCCTION WitlCH WERE HELO ‘THIS OOES COVER THE TYPE OF BACCHANALIAN REVELRICS THAT THE

q VALIO GY THE UNITED STATES SUPREME COURT ARE SUCH THAT IT DECMS EVIDCHCE IN LA RUE DID SHOW. , ‘

o THESE ACTS TO BE CONTRARY TO PUBLIC WELFARE AND MORALS, IN cS . TOW, WHEN SHC'S TALKING ABOUT THC PROPHYLACTIC

s CFFCCT, peo SE, AND ALSO THAT THE LA RUE DECISION AUTHORIZED TREATMENTS, THLS YOU'VE GOT TO REALLY -- THY UNDERSTAND, ‘You've

4 THE DEPARTNEINT TO TAKE PREVCHTIVE MEASURES BY ENFORCING THESE 6 GOT TO READ THE BRIEFS Ith THE CASE TO UNDCRSTAND WHAT THE

7 RULES, HNOTWITHSTAHOING ANDO HOT REGARDING WHETHER OR NOT THERE @ ARGUMENTS MEANT THAT WERC MADE, BECAUSE THAT WAS AN ANSWER TO

®, IS GROSS SEXUALITY ANID/OR EXTREME VIOLATIONS OF VARIOUS PRO- ‘ AN ARGUMENT, AND It! THE LA RUE CASE, “IT WAS ARGUED BY THE

% | VESTONS IN THE PENAL CODE. 9 | APPELLANT, FOR THAT IS @Y THE APPELLEE, THAT THE FIRST AMCNOMENE

io WR. HCRTZBERG: | WOULO SAY THAT 1S ONE HUNDRED PERCENT te ACTIVITY WAS A HIGHER RIGHT THAN THE TWENTY-FIRST AMENOMENT,

@ EXACTLY WHAT LA RUE DOLS NOT STAND FOR. 1 COULD STATE THAT IN ¢ AND THE APPELLAIIT CONTENOED THAT THE ADDED ELEMENT OF ALCOHOL

12 THIS WAY, YOUR HOFOR. 2 Ili THE BLOODSTREAM oF THE CUSTOMER IS THE IMPORTANT STATE

13 IN LA RUE, THE REALLY SERIOUS QUESTION WAS WHETHER 8 INTEREST WHICH PERMITS A CURTAILMCHT OF THE FIRST AMENOMENT

" THO TRENT Y-FIRST AMENDMENT ANO RIGHTS OF THE STATTS TO CorTRU:. é RIGHTS, THAT IS, THE FACT THAT YOU ene DRITIKING WHISKEY, BY

¢. THE SALE AND USE CF ALCOHOL HAD wit ft THe Rent To --

DRINKING Tit THE CARROOM, GAVE THE STATE A FURTHER RIGHT TO

COMPELLING RIGHT OVER THE FIRST AMENDMENT RIGHTS OF FREEDOM 4°

CONTROL FIRST-AMENOMCNT RIGHTS THAN IT ORDINARILY WOULD IF

" EXPRESSION, AND ALL THE JYUSTICES SEEMED

TO AGREE TO ONE THING, : W THERE WAS 110 WHISKEY INVOLVED, AMID, AS A MATTER OF FACT, AT }

é THAT AMY OF THE ACTS CONDUCTED It! LA RUE WERE BAD, BUT THEY THAT POINT OF O®8AL ARGUMENT, IT WAS ASKEO, “DON'T YOU THINK

"” ALSO AGRECD THAT THERES WERE ACTS WHICH WOULD tr COVEREN BY THE

od THAT THO STATE GF CALIFORNIA COULD CONTROL THE SALE OF WHISKEY

™ | RULES WHICH WERE COMISTITUTIONALLY PRNTECTLA. SO THEY SAID, [1 ' | IF IT WAS SOLO AT & GAS STATION Ai CONTROL THE SALE OF GAS

EFFECT, WE'LL SAY THAT THE RULES APE VALID, AND WHEN YOU COM® 6 It) & GAS STATION? COULD YOU CONSTITUTIONALLY PROHIBIT THE

TO US WITH CONSTITUTIONALLY-PROTECTED FREEDOM OF CXPRESSION, 2 RIGHT TG SELL WHISKEY IN A GAS STATION?" ANO THE ANSWER WAS,

WE'LL TAKE THEM ONE BY OU AS Tiity Come ur, 2 "YES, THEY “OULD {! YoU APE GOING To SU LT AND SOUTID LIFE YOU

FY OLDEN T SAY THAT ALL. CONDUTT COVERED BY THESE. 2 | ARC GOING TO Go CYT AND ORIVE." ts

RULES WAS NOT CONSTITUTIONALLY PROTECTED. THAT'S tHe RLASON e: IT WAS ALSO ASKED AT THAT TIME, “DOES rede STATE OF |

THEY SAID THERE [ti THE FOOTNOTE AT THE END: WE GIVE THE SAME * CALIFORNIA HAVE A LAW THAT SAYS YOU CAN'T SELL WHISKEY NEAR A

ADMOHITION AS WE OID IM MOSTETTER, WE SAY THAT FOR THIS PYRPOSI: », CHURCH?" AND HE WAS GIVEH THE Atiswck THAT THCRE 1S A LAW Ih l

THE STATE HAS A RIGHT TO RYGULATE, CUT THERE ARE GEING TO BL | .™ | CALIFORNIA rat SAYS YOU CMI'T SELL WHISKEY NCAR A cHURcH THAT '&

“4

“WILL ENLIGHTEN THE PROPHYLACTIC TREATMENT THAT YOU ARE TALKING.

1].

WITHIN FIVE NuUtoORED YARDS.

AND THEN HE ASKLD THE THIRD QUESTION. I THINK THIS

ASOUT. THIRD QUESTION WAS, “COULDN'T CALIFORNIA CONSTITUTIONALLY

PASS A LAW THAT

SAID YOU COULDN'T SELL WHISKEY IN A Boo STORE?

AND THE ANSWER WAS, "ABSOLUTELY NOT." .AtD HE SALO, "WHY?"

AND HE SAID, "WELL, THE REASON YOU CAN'T DO THAT I$ BECAUSE THE!

DAY YOU TELL ME THAT I CAN'T SELL WHLSKEY IM A GOOK STORE Is

THE DAY WE'VE GOT TO TELL YOU THAT YoU CAII'T READ A BOOK IN A

BARROOM."

NOW, WHAT THEY ARE REALLY TALKING ABOUT HERE IN

LA RUE IS THIS: _ YOU JUST CAN'T READ ONE SECTION OF IT. YOu'vE

GOT TO READ THE WHOLE THING TOGETHER. THEY SAIO THAT THESE

RULCS WERE CONSTITUTIONALLY VALID TO PROULGIT THO KINO OF CorI- |

BARS AT THAT TIME, AND IF You WILL READ THE APPENDIX, YOU'LL '

OUCT WHICH THE EVIOCHCE IM LA RUE SHOWED WAS HAPPENING an

SEE THAT THE KINO OF THINGS THEY WERE DOING COULD MAKE You

VOMIT. THEY SAIN, HOWCVER, THAT THERE {3 SOME CONSTITUTIONALLYL

PROTECTED CONDUCT WHICH THESE RULES COULD PROHIBIT Of THEIR

FACE, GUT Witt! THCY VWCRC APPLIED TO THAT CONDUCT, WE'LL FACE

THAT WHEN IT GETS HERE, AND WE'LL WRITE THAT OUT, AND I SEE

THAT WE'RE HERE HOW. 1 SEE THIS: (THAT THIS CONDUCT WE'RE

TALKING ASOUT TODAY 1S NOT THE KIHM OF CONDUCT THAT WAS tuTEnoEb

TO @€ COVERED BY LA RUE, AND COUTSEL'S RLADING OF LA RUE IS

DIAMETRICALLY OPPOSITE OF THAT WHICH! IT WAS INTENDED TO DO, AND

THE PURPOSE OF ELICITING THE TESTIMONY I$ TO SHOW THAT THE

DANLES THAT TAKC PLACE AT THC LODY SHOP ARC ONLY DIFFERENT Ih:

OWL, ASHVLCL LATE TIME BALLETS THAT TARC PLACE Tl SOME OF fHiL

- OLFFERENT.

* GET DRESSED UP In A ‘TUXEDO.

; . ; lly;

Mi! CALIFORIIA, AtD fuAr DITIT REMC 1

OF THE INDIVIDUAL,

FIST THtarreps

THAT THE ACTIONS ARE NO DIFFERENT,

THE NUDITY IS NO OIFFERENT. THE MOTIONS ARE NO

_ MAYBE THE DAHCERS ARE MORE TALENTED AMD MAYBE THE

PROPS ARE CETTER anip MAYBE THE PEOPLE ARE MRESSEO CETTER, BuT

WHAT WE WAHT TO Siiow IN THIS CASE 1S NOT CVERYBGODY LIKES To

SOME PCOPLE woULo RATHER GO TO A

PLACE WITH SAWDUST ON THE FLOOR AND SEE SOMETHING NO DIFFERENT

THAtL THEY WOULO SEE If THE FINEST THEATER, AND PAY LESS.

MS. JAFFE: row, COURSEL HAS ENLIGHTENED US AS TO THE ARGU

MENTS WHICH WERE TiITRODUCED BEFORE THE UNITED STATES SUPREME

COURT. HOWEVER, 1} SUBMIT THAT IT IS IN THE INTEREST OF ALL

PARTIES TO THIS TO DISREGARD THE ARGUMENTS ANDO STICK WITH WHAT

THE COURT ULTIMATELY RCSOLVED.

NOW, THERE IS ROTHING Til THE RULES THAT

AC“.EPTED AS VALID

THC COURT

THAT SAYS THIS APPLIES ONLY TO A BAR WITH 4

CCORTAIN ECONOMIC LEVEL oR WHETHER OR NOT THERE IS SAWOUST ON

THE FLOGR.

OM THE conTRARY, THE VITO STATES SUPREME COURT

WAS AUTHORIZGNG THE DEPARTHMLET OF ALCOHOLIC CEVCRAGE COHTROL TO

APPLY THIS STANDARD UNIFORMLY THROUGHOUT THE STATE, AND THIS IS

WHAT WE'RE ATTEMPTING TO 00, AND, FURTHERMORE, WHEL THE UNITED

ST/.TES SUPREKRE Cour GAVE LTS. STAMP GF VALIDITY AGALIST

FOURTEENTH Aim -- FLeSsT ALS FOURTLOUTH AMCHOKENT OLCJECTIONS TO

RULE 143, THIS WAS THE LANGUAGE, "THAT THESE ACTS AND THIS

CONDUCT" -- IM RULE 143.3 -- “SHALL BE DEEMED CONTRARY TO

PURLIC VELIPARE aty MORALS."

HENCE, THWE DLPAG TNL "Ss POSITION TWAT I've PREVIOUSL

9 THE TASTE

—T

eae ee ——— —.

{

eer

YOURS?

BELIEVE COUNSEL IS IN POSSESSION OF A TRATISCRIPT OF -- IS IT

STATCD. THANK You, SUBMITTED,

THE HEARING OFFICER: witree ts THAT LAST STATEMENT OF

MS. JAFFE: IT'S IN THE FIRST PARAGRAPH IN 1%3.3.

THE HEARING OFFICER: YOU ARE TALKING ABOUT THE RULE?

MS. JAFFE: YES.

THE HEARING OFFICER: YoU STATED YOU HAD AN OFFER OF

PROOF. COULD YOU REDUCE TAT TO WRIFING?

MR. HERTZCERG: WELL, I CE®TAIIILY COULD. I'M PREPARED TO

PUT IT It! THE RECORD AT THIS TIME. YOU WANT TO RULE ON THE

OBJECTION?

THE HCARIHG OFFICER: I WAS THINKING OF SUSTAINING THE

OBYECTION AT THIS TIME SUBJECT TO RENEWAL OF YOUR OFFER. |

REALIZE YOU HAVE YOUR WITNESS HEPC FROM OYT OF TOWN,

AR. HERTZBCRG: THE PROBLEM IS THAT SHE'S COME FROM OUT OF!

TOWN AT A GOOO DEAL OF EXPENSE. IF YOU WOULD -- WHY DON'T WE

LET HER TESTIFY AND THEN WE'LL SUBMIT POINTS AND AUTHORITIES

AND RESERVE OBULCTIONS AS LONG AS SHE'S HERE.

MS. JAFFE: i WOULD O&JECT TO THAT.

WR. WMERTZBEEG: 1 KNOW YOU OLJECT TO IT. THERE'S 119

QUESTION ALOUT THAT.

THE HCARING OFFICER: I WAS TRYING TO FINO SOME AUTHORITY

NS. JAFFE: THERE 1S ANOTHER ALTERNATIVE WHICH L'M

RELUCTANT TO MENTION; HOWEVER, I WILL OO SO, AND THAT IS I

MISS CHASE'S TESTIMONY?

MB. MMRIZRERO: YES, BUT IT'S oT GOUG TO BE IDENTICAL rol

ia : Ll’: j

1 | THAT.

2 MS. JAFFE: SO IT'S MoT --

* MR. HERTZBERG: IT'S GOING TO BE eKOUGHT UP TO INDICATE -:

4 MS. JAFFE: WELL, I WOULD OBJECT TO THE TAKING OF THE

s | testinony, ri2ST, SUBJECT To --

6 MR. HERTZBERG: 1 FAIL TO COMPREHEND HOW HER TESTIMONY IS

DB | WOT MOST MATERIAL IN THIS PROCEEDING. 1 YUST DON'T UNDERSTAND

8 IT. 1 FEEL IT'S -- CERTAINLY, IF THEY SOLD LIQUOR AT THE

9 .| AHMAMSON THEATER, WHICH THEY DO AT THE AFRICAN BALLET, AND THEY

w | ATTEMPTED TO TAKE THEIR LICENSE AWAY, THAT THEY COULDN'T SHOW

: THAT THIS WAS A BALLET WITHIN THE CONSTITUTIONAL PROTECTION.

2 | AND LA RUE, READ ANY OTHER WAY, JUST DOES!!'T MAKE ANY SENSE.

13: THE QUESTION IS IS THIS A GROSS EXHIBITION OR

] PARTAKES OF GROSS SEXUALITY AS OPPOSED TO COMMUNICATION. AND

AS I'VE -- I'VE GOT A WITHESS HERE, Ath EXPERT, WHO HAS CEE A |

PROFESSOR It THE FLELO OF ARTS AND WILL TESTIFY AS TO THE

DIFFERENCE ECTWEE!! THE TWO AND WHY THIS ONE PARTAKES IN A

CCATAIT COMMUNICATION AS OPPOSED TO WHAT GROSS SEXUALITY IS ANO

WHAT A BACCHAHALIAN REVELEY 1S, WHAT IT MEATS.

GREEKS, AND I'M PREPARED TO MAKE MY OFFER OF PROOF RIGHT NOW,

AND I'LL SIT HERE AND READ IT

SHE VWluh GEFLIN IT, WHERE IT CAME FROM, FROM THE |

INTO THE RECORD. |

43. UFTPE: WELL, MAY TF BE HEARD BPICFLY?

THE HEARING OFFICER: 9U KAT.

‘

MS. JAFFE: 1) OOM'T THINK

THANK YOU, MR. HCARING OFFICER.

THAT COUNSEL'S REMARKS RELATIVE TO THE AHMANSON APPLY IM THIS

PROCEEDING. | THINK THCRE IS A SUBSTANTIAL DIFFERENCE GETWEEH |

A FAYVCRE ANID HIGHPCLUB Al) WHAT THE RECORD SHOW! 15 BEFORE us

TION OF THE REVELRIES MENTIONED IN THE UNITED STATES SUPREME

. da

HOW, AND, ALSO, UE

MEETIOUNLD == WHAT WAS IT, AFRICA CALLET,

DIO YOU MENTION yusTt now?

MR. HERTZBERG: yes.

I THINK THAT THE PERFORMANCES THERE MIGHT BE

SUBSTANTIALLY DIE RENT,

Ms. JAFFE: :

AHO f HAVE. NEVER BEUI TO THE AHIMANSON

WHCRE | OfSLRVED THE AUDIENCE WATCHING THE PCRFORMANCE AND

CONSUMING ALCOHOLIC BEVERAGES AND WHAT HAVE You CONCURRENTLY.

IT'S A CONSECUTIVE SITUATION,

OTHER DISTINCTIONS

AND THERE ARE NUMEROUS

WHICH I COULD DRAW, WHICH I'M NOT GOING TO

DO.

BUT 1 FEEL THAT THE ExPEcRT TESTIMONY ON THE DEFINI-

COURT IS NOT SUGBJECTABLE To EXPERT TESTIMONY INSOFAR AS THIS

IS SOMETHING WITHIN THE KNOWLEODGC OF MOST PEOPLE AO ALSO StiB-

JECT TO DEF Iitiflon sy every ACCEPTED wearers » 30 TI OON'T FEEL |

THAT RESPONOCUT IS IN AN ARCA WHERE HE,

Il) FACT, REQUIRES Ar.

EXPERT IF HE'S OFFERING HER TESTIMONY AS TO DEFINE WORDS USED |

Ith THE UNITE STATCS suPReme COURT DECISION,

Os THl CONTRARY. | WOULD SYeMIT THAT IHTERPRETATION

OF THE JUNICIAL OPinion 13 HOT “WITH Tee REALM OF A&A WITHESS

WHO MIGHT POSSICLY CE WELL VERSED AND EDUCATED It! THE FIELD OF

THEATER AND/OR DATCE.

SUBMITTED.

BR. MERTZEERG? 1 THINK COUNSEL MAS UUST PROVED OUR POINT

WHEH SHE MAKES A STATEMENT AS AM ATTORNEY AT LAW THAT SHE

PERSONALLY FEELS THAT THERE IS A DIFFERENCE BETWEEN THE AFRICAN

BALLCT AT THE AHMANSON THEATER AUD WHAT WE SIT WITH RIGHT HERE

AND PROBALIY HAS VERY LITTOL KHOZLCUGE OF WHAT A CALLET IS.

MAKES IT EQUALLY SO MATERIAL THAT WE PRODUCE SOMEBODY WHO KNOWS

_——— ee me | “ee See ee ee fk ee _* —— ——— ore eee ee ee

pie |

WE AYE HERE --

MS. JAFFE: AGAIN, | OBUECT.

MR. HERTZBERG: WE HAVE HERE SOMEBODY WHO IS AN EXPERT IN

THE FIELD WHO WILL TESTIFY AS TO WHETHER IT'S OLFFERENT OR NOT.

HOW, THE FACT THAT IT'S MATERIAL THAT IT BE DIFFERENF

WHAT THEY'RE TALKING ABOUT TO TESTIFY WHETHER IT IS IN FACT

DIFFERENT. AND YOU PROVED OUR Ot POINT BY MAKING THAT STATC-

MENT, COUNSEL.

[°LL SUGHIT IT AND THEM I'LL JUST TAKE WHAT --

MS. JAFFE: SEFORE I WILL SUCMIT IT, 1 WILL SUBMIT TO THE

HEARING OFFICER THAT WE HAVE TO CONSIDER NOT THE FACTS RAISEO

BY COUNSEL IN HIS ARGUMENTS OR OFFERS OF PROOF. WE HAVE TO

CONSIDER THI FACTS THAT ARTZ OM THE PECOROD HERE 11 THIS PARTICU-

LAR ItiSTAICE.

COUNSEL HAS SEVERAL TIMES IN THIS PROCEEDING MADE

MENTION OF THE FACT "WE ARE HERE". AND HE IS REFERRING TO HIS

CLICNT IW HIS PUBLIC PRCKISES, HIS LICENSCO NIGHTCLUB, HIS ee

LICENSLO ESTACLICHMENT.

ME MUST CONSIDT® 17. WE CANNOT COMSIDER AT THIS

TIME THE AtisANSOMN, THE AFRICAN CALLET, OR ANY SUCH REMOVED AND

REMOTE SITUATION, j

el WAVE TO DETERMINE VHETHER OP HOT THIS PARTICULAR

RESPOLDCET Of TI SPECIS IC DATIS ALLEGED WITH THE PERSORS

ALLEGED DIDO It TRUTH AMD Ill FACT COMMIT THESE VIOLATIONS.

1 FEEL THAT THIS IS THE ISSUE, AND NOW [ WILL SUBMIT

TO PULING.

THC MEARING ME TCER: YOUR POSITION 1S WHETHER THERE WAS fA

eke

lis |

VIOLATION. (MP, HERTZBERG 'S POSITION 1S, Il CFFECT, ASSUMING

THESE ACTS TOOK PLACE AS PLEADED, THAT LA RUE DOESII'T COVER If

ANO, IN EFFECT, UNOER LA RUE - BY THE TERMS AS YOY SAY - THESE

ARE MOT A GACCHANALIAN REVELRY AS COMPARED TO A BALLET.

THAT IS HIS POSITION,

so IF

1 MIGHT NOT GE ALLE TO SUSTAIN IT, BUT

HE'S ASKING TOR THE OPPORTUNITY TO PRESENT EVIDENCE on IT,

BASICALLY. IS THAT CORRECT, MR. HERTZUERG?

MR. HERTZBERG: RIGHT.

1 SAY IT'S ONE OR THE OTHER.

EITHER LA RUE DOESN'T COVER IT OR LA RUE 15 UNCONSTITUTIONAL

BECAUSE IT APPLIES TO ALL CALLETS, ANO I'VE GOT TO HAVE A RIGHT

TO ESTACLISH THAT, AD 1'M CERTAINLY ENTITLED TO DO IT.

MAYGC THEY WON'T MAKE A FINDING Iti MY FAVOR, BUT I'M

ENTITLED TO INTRODUCE THIS EVIOENCE. THAT'S ONE THING.

M5. JAFFE: low, © WILL REPLY TO THE LATEST ARGUMENT CY

WR. WERTZUCPG, CUT T'LL REPLY BRIEFLY BY REFERRING TO THE

DEPARTMENT'S POSITION AS TO THE LANGUAGE OF THE RULINGS THEM-

SELVES MAKING CERTAIN CONDUCT CONTRARY TO PUBLIC WELFARE ANU

MORALS AND ALSO THAT THERE IS A DISTINCTION DSAWH Im LA RUC

CETWECH BALLET, AiO THIS RECORD SHOWS THAT THIS 1S NOT TRUL,

THAT WE'RE UECALING WITH ANOTHER SITUATIOTI.

SUBMITTED.

THE HEARING OFFICER: AS YOU SAY, THE CONDUCT IS SLIGHTLY

CONTRARY TO THE RULES, ANIL YOU ARE, IM CEFECT -- TO RULE 143,

AUD YOU ARE ATILNPTING TO SHOW THAT, IM EFFECT, UNDER LA Rut,

IT'S -- UNDER LA RUE, AS YOU UNDERSTAND THESE FACTS), IT WOULD |

BE AN UNCONSTITUTIONAL ABRIOGEMENT?

MR. HERTZBERG: APPLICATIO‘N, RIGHT.

THC WLARTES OFFICER: THAT THL RULE LISELI MIGHT BE VALIO,

‘TUTIONAL, OR IT DOESHI'T APPLY, ONE OR THE OTHER.

lle

AS TOU SAIL, LULL UNDER THIS PARTICULAR STATE OF FACTS --

WR. HERTZBERG: AS APPLIED HERCIN, THE RULE IS UNCONSTI-

IT'S EITHER

ALTERNATIVE. THE EVIDCNCC -- WE'LL ARGUE THE EVIDENCE LATER

BY THE ARGUIMCIT, GUT AS FAR AS INTRODUCTIIIG THE EVIDENICE AT THIS

TIME, I'M CUTITLED TO SHOW, MO. 1, LA RUE NEVER INTONDED TO

APPLY TO THIS KIND OF PERFORMANCE; 10. 2, IF IT DOES APPLY TO

THIS KINO OF PERFORMANCE, THEN THC RULE IS UNCONSTITUTIONAL AS

APPLIED; AND, HO. 3, THAT THE RULE WAS NCVER INTCNOED TO ALLAY

ONC OF THOSE THREE -- WHCH WE ARGUE Itt FIWAL.

THE HCARING OFFICCR: ALL RIGHT. I WILL PERMIT LT SUBVECT

TO FINAL RULING ON IT. 1S THAT ACCEPTABLE TO YOU? OO WE UNDER-

STAND EACH OTHER?

WR. HEATZEERG: CS.

THE HEARING OFFICER: AND YOU UNDERSTAND THAT IS SUBJECT

TO A MOTION TO STRIKE ALL THE TESTIMONY?

4S. JAFFE: ALL RIGHT. VERY WELL.

THE HEARTEG OFFICER: ALL RIGHT. WE WILL TAKE A FIVE-

MINUTE PECES®.

CHHEREUPON A SHORT RECESS WAS TAKEN, AFTER WHICH

THE FOLLOWING PROCEEDINGS WEPE HAD:)

THE HEARING OFFICER: ALL RIGHT. ARE THE PARTICS READY?

WAR. MELE EZHERG: RLEVGUIDCUT RPLADT, Oe HOWOR.

MM WEAR TEG GL FICER: READY FOR THLE AGCHCY?

MAS. JAFFE: JUST A MINUTE, PLEASE. |

THANK YOU.

THE HEARING OFFICER: ALL RIGHT.

LET'S PROCEEO WITH THE

CVIDLNCL.

_—- <_<

119

MR. PCS PTeRres: THAII™ YOY.

Q OW, MISS CHASE, YOU WEEE ABOUT TO TELL US YouUR

EDUCATION It! THE FIELD OF THEATER ARTS.

WOULD YOU TELL US IN CHROKOLOGICAL ORDER? ;

A ‘YES, | RECEIVED MY G.A. DEGREE FROM THE UNIVERSITY:

OF MINNESOTA It LITERATURE AND THEATER ARTS, MY M.A. DEGREE

FROM THE UNIVERSITY OF COLORADO, ATID 1 UNDERTOOK GRADUATE woRK

AT THE UNIVERSITY -- AT CORNELL UNIVERSITY IN THE FIELO OF

EUROPEAN THCATER.

Q AMD HAYCO YOU WORKED Lil THE PAST YEAR OR SO OF YOUR

DISSERTATION FOR YOUR PH.D.?

A YES, WHILE 1 WAS AT CORNELL, I COMPLETED ALL THE

COURSE WORK FOR MY DOCTORATE AND PASSED MY COCTORAL EXAMINATION}

1 WAVE YET TO FIMISH THC DISSERTATION. Js

: Q 50 YOU HAVE TAKCH YOUR EXAMINATION FOR YOUR DOCTE ATL?

A rcs. |

Q HAVE YOU EVER RECCIVED ANY SCHOLARSHIPS IN THE FIELD

OF THEATER /RTS?

h YES, AD FT SEGAT MY GRADUATE STUDY AT CORNELL, 1

RECEIVED FROM CORHELL A FOUR-YEAR GRADUATE FELLOWSHIP. {[ ALSO

RECEIVED A FULBRIGHT SCHOLARSHIP TO STUDY FOR OHNE YEAR AT THE

UNIVERSITY GF ZURICH, AT WHICH TIME I STUDIED THEATER, ANDO

SUBSEQUCNTLY | RECCIVED A RIOSCARCH GRANT TOR RESEARCH OF! MY

DISSTRIATION.

[| SPENT A YEAR AT THC UNIVERSITY OF PARLS RESEARCH-

1G MY DISSCRTATICN, ALSO IN THE FIELD OF CONTEMPORARY TREATS

Q) OW, Ti ADDITION -- WHE YOU SAID UMIVERSITY OF

PAV IS, WAS MMAT SORBONNE?

POAETEEEA 0 FM +e nen te ee wee OFERe Ore teers fee, + © Berens «

20 |

K SORBOUEIE UNIVLSSitY, REGGE.

Q AND HAYE YOU STUDICD BALLET?

A YES, I HAVE.

Q FOR HOW LONG? ; .

‘FOR A TOTAL OF APPROXIMATELY FOUR YEARS, TWO YEARS

IN CALIFORNIA AT THE PACIFIC BALLET THEATER AND TWO YEARS BCFORE

THAT UNDER PRIVATE TUTORS.

Q HAVE YOU EVER TAUGHT IM THE FIELD OF THEATER ARTS?

A YES. |

Q TELL US WHERE YOU'VE TAUGHT, WHAT POSITIONS YOU'VE

HELO?

A AT CORNELL UNIVERSITY, I TAUGHT A COURSE It! THE

HISTORY OF FRENICH THEATER WHILE I WAS DOING MY GRADUATE WORK.

P %AS THEN IREO CY CAL STATE TO TEACH THEIR UPPER DIVISICH

MOOCRIH THEATER COURSES. MY TITLI THCRE WAS ASSISTAIIT PROFESSOR}

Q HOW, I!) THE COURSE OF YOUR EDUCATION TEACHING IN

THEATER, DID THAT INCLUDE THE DATICE?

A ves. .

Q TEL US GENCRALLY It! THE FIELU OF DANICE WHAT

SPECIFICALLY (OU STUDIED O% SPECIFICALLY YOU TAUGHT.

A EXCUSE ME?

Q- IN THE FICLOM OF DANCE, WHAT KIND OF DANCE?

h 1 ALWAYS TAUGHT DANCE I TH ComlEYT OF WHATEVER

THEATER ARTS COYRSLS I WAL TEACHING. 1 NEVER TAUGHT A SEPARATE

DAHCE COURSL. | CHORCOGRAPHED CANCE Iti THE COURSE: OF DIRECTING

VARIOUS THEATRICAL COURSES ON MY OWN.

Q QTHCR THAI YOUR TEACHIIIG EXPCRIEHICE AND STUDYING

CAPERICIHCL, OI YOU HAVE AIt PRACTICAL LAPCRICNCE LH THEATER

OCAtstttaA et few ee ee Le ee ee ee ee ee ey

ee - eee

_AT THE UNIVERSITY OF COLORADO, MAJOR ROLES AT CORNELL UNIVERSITY

7.1

ARTI?

A YES, ALL OURING THE TIME 1 WAS A GRADUATE STUDENT

AND SUBSEQUENTLY, I HAVE HAD A VARIETY oF PRACTICAL EXPERIENCE

IN THEATER.

FIRST OF ALL, AS AN ACTRESS, | MAVE HAD MAYOR ROLES

THEATER, Al.SO A LOT OF EXPERIENCE IN SUMMER STOCK ANDO IM

COMMUNITY THEATERS.

SINCE [| CAME TO CALIFORITIA, I'VE ACTED IN MAJOR

ROLCS [ti A VARIETY OF SHORT FILMS, STUDENT FILMS. I'VE HAD

MINOR ROLES Iti A COUPLE OF FEATURES. I'VE ALSO PARTICIPATED IN

OTHER CAPACITIES IN VARIOUS THEATRICAL AND FILM PRODUCTIONS.

| HAVE GEEN -- AT THE UNIVERSITY OF ZURICH, I WORKED

UNDER FRIEDRICH DURRENHATT, WHO WAS THE LLADING fwISS PLAY-

WRIGHT OF OUR TIME, D-U-R-2-E-N-M-A-T-T.

1 WORKED BACKSTAGE ON LIGHTING, TECHNICAL DESIGN -- |

THE HEARTIIG OFFICER: EXCUSE ME. IS SHE GOING TCS FAST?

THE WITHESS: 1 TESC TO.

THE HEATING OFFICER: WE HAVE To ALLOW FOR THE REPCRTEP |

HERC. L'm TORRY. COUTINVE.

THE WITNESS: I'VE WORKED Ii COSTUMINIG, IN MAKE-UP, If

LIGHTING.

["VE WORKED OW FILM PRODUCTION IN VARIOUS CAPACITIES

IM ADVITION fO Mt PRESENT POSITION AS ASSISTANT

DIRECTOR, I'VE BES A PRODUCTION BAHAGER. I'VE @EEN A SCRIPT

SUPERVISOR. I'VE SUPERVISED SEARCHING LOCATIONS. lI 'Ve SUPER-

VISED CASTING.

739990008 6 OUD 66 + 6 «cee o 0° OF OOO Oh Oe beens ee

tr? |

CY MN. HERTS 6 me

) WAVE YOU HAD ANY CZPERILNCE tn CHOREOGRAPHY ?

A YES, Iti THE CONTEXT OF WRITING AND OIRECTING MY OWN

PRODUCTION FOR THEATER, I CHOREOGRAPHED DANCE, .

Q un APDITIOM TO THAT, HAVE YOU KDITED atiy FILMA?

DURING THE PAST TWO YCARS, THAT'S GEEN MY MAYOR

OCCUPATION.

I*VE BEEN ASSISTANT EDITOR om TWO FEATURES. I'VE

BEECH A SOUIID EDITOR Of TwO MORE FEATURES.

I*VE ALSO JUST FINISHED EMITineG my Owl! SIXTEEN-

MILLIMCTER FILM, WHICH | SHOT LAST SUMMER FOR CAI REPRODUCTICNS

WHICH IS Al: COUCATIONAL FILM COMPATY.

Q WOW, CAN YOU EXPLAIN TO US THE RELATIONSHIP OF HO}

DANCE, THO DANCE, FITS INTO THEATER RTS, IF IT DOES?

A DANCE 135, YES, ONE OF THE THEATER APTS, ANO ACCORULIM

TO THE ERINENT THEATER CRITICS HELUITZ AND MACCOWAN, FOR WHOS: |

THE THEATER BUILDINGS AT U.C.L.A. WERE t4“CO, OANCE IS THE

FIQNST ART OF THEATER,

1) THEIR HISTORY OF THE THEATL2?, THEY LEGAL SY

DESCRIBING TH FO IMARY FUNCTION OF D/IICE AS THE CENTRAL THEATER

ART. FOR EXANPLE, OUR WORD "ORCHESTRA", WHICH REFERS TO THE

MALI AUDITORIUM At A THEATER, COMES FROM THC GREK woRD

MOPCHESTVA', WHICH GEAIE OsaIC IG PLACE. THEATER ORIGIUATED 45 |

DAFICE.

" GRECK THEATRICAL PCRFORMERS WERE DANICEAS WHO ONLY

; !

LATER, It) THE COURSE OF SUBSEQUENT CENTURIES, ADDED WORDS Alin

THET DIALOGUE TO THEIR ROUTINES OF DANCES.

Q 50 WHAT (69 ARE TEU, US, -IN CIYECT, IS ALL THLATLE

‘

SOF OTE ES © COW fae pe eee, i eee ere ee ee) -°

ee ee

. 12%

133

e THAN ITS COME tie VALUE?

B | startin cron, vanes? °

A YES, IT'S OFTE!! ELEN SALD OF CLASSICAL BALLET THAT

A THE DANCE 15 Til FUNDAMCIITAL ART OF THCATER, BECAUSE 3-

* 1S, IN FACT, WHAT IT COMMUNICATES, BECAUSE IT'S HIGHLY ABSTRACT.

DANCE IS MOVEMENT, AND THEATER ORIGINATED AS DANCE. ALL 4

; MANY CLASSICAL BALLETS COMMUNICATE JUST THAT, THAT VISIULE ANO

PRIMITIVE FORMS OF THEATER ARE DANCES. ° . e ”

® VISUAL CEAUTY OF THE BODY IN MOTION.

Q WHAT ARLE SOME OF THE PRIMITIVE FORMS OF DANCC? >

: ' P] SO WHEN We SPEAR THEM OF THAT Which! 13 A DANCE wrHicr

h rOR EXAMPLE, FOR PRIMITIVE MAM, DANCE WAS SPEECH. .

COMMUNICATES, IT COULD COMMUNICATE BEAUTY OR CONVERSELY EVEN

IT WAS A FORM OF SPCECH. ANY COMMUMICATION HE HAD WITH THE

| 3 - A STORY?

| GODS, HE DID THROUGH A DANCE, A RAIN DANCE, A WAR OANCE, A SUN e

A RIGHT, [T COULO COMMUNICATE IDEAS. IT COULD Commurt-

° DANCE, A FERTILITY DANCE. ALMOST ANYTHING YOU CAN THINK OF WAS -

CATE A NARRATIVE. IT COULD HAVE SOME KIND OF SYMBOLIC MEANING,

™ |] EXPRESSED Ili THE FOR OF A DANCE. .

OP IT COULD SIMPLY COMMUNICATE THE PRESENCE OF THAT BODY ON

ee Q WELL, NOW, DOTS -- OR DID INITIALLY DANCE COMMUNICATI: :

@ @ | THC STAGE AND ITS BEAUTY.

ANY TYPE OF FECLING OR EMOTION FROM THE ARTIST OR DANCER TO THE: o

Q WHEN YOU SAY --

s AUDIENCE? -

h LIKE BEAUTY OF A SUNSET.

we A WELL, HIITIALLY, THERE WAS HO AUDIENCE. THERE WERE | .

| Q WHEHE YOU SAY "COULD COMMUNTICATID A SYH@OLIC MIAMING",

é ONLY THE PARTICIPANTS It THE DANCE, AtiO, Lil THAT CASE, THE 4

. COULD YOU DEFINE THAT A LITTLE FURTHER?

» COMMUNICATION WAS FROM THE OANCERS TO THE DIETY OR FROM THE -

| ’ A I'M TRYING TO THINK OF Ail APPROPRIATE EXAMPLE,

“ DANCERS TO CACH OTHER, A FEELING COMMUNICATED AMONG THE DANCERS! =

[ BECAUSE WITHOUT All EXAMPLE, IT'S DIFFICULT TO DEFINE, CECAUSE

in BUT, YCS, OMICE MAS ALWAYS SCE A PRINICIOSL FORMA OF COMMUNICA-

e é EACH DANCC HAS ITS OWN KIND GF MEATIING OR ITS OW! KIND OF

TION.

” COMMUNICAT IOI.

= Q * CAT TOU -= NCTC CANCE FOR US, IF YOU CAI, AS KHOw?? -

. THERE ARE DANCES, PARTICULARLY IN PRIMITIVE AGES,

a TO SOMEONE It THE THEATCR ARTS.

cad WHERE THE ACTORS ARE MASKED, OR THE ACTOPS ARE COSTUMED IN SUCH

2 A DANCE 1S RHYTHMIC MOTION, USUALLY, BUT NOT ALWAYS, 1@

® A MAY TO REPRESENT ANIMALS o% PERHAPS TO PEPPESENT TREES on

PERFORHED WITH MUSIC, MOTION WHICH CREATES 10 THE OBSERVER - |

| ; OTHER CHTIVICS OTS Titi! TMEMSILYES; AMO, THEREFORE, THEIR

a VIGUAL DESIGUS Il SPACE. BATCHING A DANCE, YOU ARE WATCHING THE .

| = ROLT IN THE OAHCE 1S SYMBOLIC.

MOTION OF A HUMAI LODY IN SPACE CREATING, PRESUMABLY, BEAUTIFUL :

| é Q ALL RIGHT. ANO WHEN YOU SAY A DANCE COULD COMMUNI-

PATTERNS. m ’

a CATC MERELY All ESTHETIC VYALUC, DEFINE THAT A LITTLE BIT MORE,

Q WELL, NOW, WHEL YOU SAY "VISUAL DESIGHS IN SPACT OR

a = tf YOU CAN.

bLAUTIFUL PATTERNS", COUL! A DANCE COMMUTIICATE NOTHING MORE |

| @ PAATITIIA ' tue * 0+ OF F008 ter eee ter arate tee or ee eens. +08 pewee *

CAME LIA ET few ee 0 10 0 HOO te eee hone tee Om cee beter. tet te te ©

: ae | age onsen oo a

- LEADERS OF HMODERII DANCE MOVEMENT I!

. . * . —_—— = “77 © #88 “———— re wee «

_-<-

17%

A 1 pot KNOW IF Lt CAM GO BEYOND WHAT I'VE ALREADY

SAID. THE O/C OM OME LEVEL COMMUNICATES THE @CAUTY OF THE

HUMAN CODY. ADDITIONALLY, DANCE INVOLVES MOVEMCHT, SO THE

SPECTATOR IS NOT ONLY ADMIRING THE BEAUTY OF THE HUMAN BODY,

HE 15 AOMIRING Tit BEAUTY GF THE HUAI GOLDY [ty MOTION.

Q APC THCRE AHY SALLETS THAT, IM YOUR OPINION, -COMMUTII

CATE THE CEAUTY OF THE HUMAN CONY WITHOUT ANY KIND OF STORY?

A A GREAT MANY, PARTICULARLY MODERN EXAMPLES.

Q WHAT APE SOME OF THOSE EXAMPLES?

A YOU WAI:T SPECIFIC TROUPES?

Q IF YOU FhOW OF Quy, tF YOU HAVE ANY.

A THE WORK OF ALWIN NIKOLAIS, WHO IS ONE OF THE MAYOR

AMCRICA. IT'S VERY DIFFI-

CULT TO DESCRIBE THEM VERRALLY. I HAVE SOME PICTURES WITH ME

OF THOSE PERFORMAIICES, BUT LET ME MAME THE POINT FIRST THAT ne

HAS HIS DANCERS SOMETIMES DON A COSTUME, WHICH MAKES THEM

UTTERLY UNRCCOGHIZEABLE AS THEMSELVES, WHICH THEY REPRESENT

SOMETIILIIG CLSE.

SO HE MARES THEM SOMETI“MTS LOUK LIKE BOTTLES OR LIKE

KITES Ast of -- SEFER HE 4GATE TO TOUR QUESTION.

Q ALL RIGHT. I ASKCO YOU -- STRIKE THAT. L WILL STAR;

OVER. |

TOU TOLD US THAT SOME DANCES DO HOTHING MORE THAT!

COMMU CATE ThE Lovet Tt KOTLION AD THE GEAUTY OF THE BODY IN

—

“~

MOTION WITHUUT AMY PARTICULAR STORY LINC BEHIND IT; -ISH'T THAT ea)

CORRECT? rss a @,.

A YES, RIGHT. THAI You.

| a

BECAUSE Tih wor" OF ALM HIPOLALS 5 HIGHLY ABSTHATCIC.

‘ i

PAALTETEA OE TY 68 + 18 O8 be tte ete ty. Ores tee Orr wer beter, *.8 Cree ©

1.6

THESC ARE JUST VISUAL FORMS In SPACE. THEY DO NOT TELL A

STORY. IT'S A CONSTANTLY CHANGING DESIGN KIND OF LIKE A

KALEILOOSCOPE.

ee 8

‘ ie tae

Q° - WHAT IS MODERN BALLET? ‘

A MODERI? BALLET IS At OUTGROWTH OF BALLET AS IT

ORIGINATED IN THE WESTERN HEMISPHERE ues THE EIGHTCENTH CENTURY

~- SEVENTECNTH CEtTuRY. iT S VERY DIFFERENT FROM CLASSICAL

BALLET IF YOU WAI!IT ME TO --

Q YES, THE DIFFERENCE.

EXPLAIN

A -- POINT THAT OUT.

CLASSICAL BALLET ORIGINATED 1!) THE SCVENTEENTH

CENTURY AS AN AMUSEMENT FOR THE KING OF FRANCE, WHO WAS VERY

RICH AHO VERY BORED, AHD WHAT IT IS IS A HIGHLY ARTIFICIAL

DISCIPLINC. IT'S A DISCIPLINE In wittce ACTORS SFELD YEARS,

SPEND THEIR ENTIRE: LIVES, LEARNING HOW TO STAND AND MOVE IN

POSITIONS WHICH ARE NOT NATURAL TO

THE HUMAN CODY, POSITIONS

IN WHICH THEIR FEET ARE TURNED OUT NINETY DEGREES FROM THEIR

AUSLES INSTCAD OF STRAIGHT FORWARD.

THEY LEARY

FO WALK Ci THEIR TOCS. THEY LEARN TO

LIVE Of THLIR TOES, ANOTHER POSITION WHICH IS HOT NATURAL TG

THE HUMAN CODY AID WHICH EVENTUALLY RESULTS It! SHRINKAGE OF AL

THE LIGAMENTS OF THE ANKLE.

DURING Ti LAST FIFTY YLARS,

THLRLE HAS LEEW A

TREMCIUDUUS REVOLT AGAINST

THIS

WE CALL CLASSICAL BALLET. 7

MS. JAFFE: WILL YOU

I JUST -- I'M SORRY TO INTERRUPT.

Ev’ YSL AL FOR A MOMENT?

Ti AIAG OWMICAL PROBLLAS G46 A Mikio Tl Tk FiELO OF

VIATURAL RIGIO OLSCIPLI‘NE, WHIC

—— ee ee ee Cee ee ee ee ee ee

1 THINK THIS 1S VERY INTERESTING AS a

ot hee ee ) a ee tT) eee 10 RO OOEe O88 Oe nee hehe + 8 terres ©

CTHIS PAGE IS BEING INSERTED TO *

IMIOLCATE THAT AN ERROP IN NUMBERING

“A5 S&F MANE, THERE [5 H10

TSTIMNIY OMITTED.)

12/

MARTHA © DIE £6 cee ere querer teearets wT etme atueyverr

”

M4 ;

Om ee

CLASSICAL PALLET WIGHT SUTFFR BASED uPor THE POSUTIONS THAT THE

DANCE REQUIRES; NOWEVER, * Thin THAT THIS IS SOMEWHAT FAR |

AFIELD ANDO IS A LITTLE BIT TIME CONSUMING AND IMMATERIAL AND

IRRELEVANT. ‘ ‘

MR. HCRIZECRG: 1'M GCTTING THERE FAST. I'LL BE RIGHT TO

THE POINT tt A Minute.

THE HEARING OFFICER: I HOPE So.

THE WITNESS: I'LL TRY TO BE, TOO.

BY “R. HERTZBERG:

Q JUST DEFINE MODERN BALLET.

A It! ORDER TO DO THAT, I HAVE TO VERY BRIEFLY RUN

THROUGH THE HISTORY OF IT, BECAUSE It! THE "20'S, THERE WAS AN

ENORMOUS REVOLT AGAINST THE CLASSICAL BALLET OISCIPLINF.

MS. JAFFE: AGAIN -- EXCUSE ME. ['i4 SORRY. SAME ObUEC-

TION.

THE WITNESS: WELL, MOOCRN BALLET BEGAN IN THE '20'S --

THE HEARING OFFICER: JUST A KOMENT. I'LL OVERRULE THE :

OCJECTION AT THIS TIME SURYECT TO RCHEWAL. SHE AMD COUNSEL

HAVE PROKIGLY TO GET TO THE POINT HERE. |

BY MR. HERTZBERG: :

Q WE MAYE TO GET TO THIS POINT THEN -- SIT eAcK AND --

A WHAT WE CALL MODERI! OANCE ORIGINATCO AS A REVOLT |

AGAIWST CLASSICAL BALLET, CUT HMODERH BALLET TROUPES; HAVE

INCORPORATED ALL THE ELEMENTS OF MODERN DANCE INTO THEIR BALLET

PCEFORMANCES, SO THAT YOU CAN PROBALLY SAY HOWDAYTS THAT THE2E

IS HO REAL DISTINCTION CLTWCEM MOOCKN BALLET Ally FoDERU LATICES

WAGE © few ong ee Le ed Le a ee 2

+ aere+es _——. tit tt

. 17)

A CASE TH POM WIGHT Betis THES FO CONCLUSION. Two YTARS AGO,

AT U.C.L.A., I SAY THE WIIttiPEes BALLET, Al!O IT HAD BEEN SOME

TIME SINCE | HAD SCEN A CLASSICAL BALLET TROUPE. I WAS EXPECT-

ING SOMETHING LIKE THE SADLER'S WELLS BALLET, WHICH IS verY

TRADITIONAL. I WAS AMAZED AtID IMPRESSCD TO SEE THE WINNIPES

BALLET PERFORMED ALL MANNER OF DATICES. THERE WERE SOME ‘DANCES

WHICH YOU COULD CALL MODERN DANCE. OTHERS YOU COULD CALL JA72Z

DANCING, BLUES DANCING, GO-GO DANCING, ROCK DANCING, AFRO-CUBAN

DANCING, EVERY KINO OF DArICE IMAGINABLE, EVEN A KINO OF DANCE

FOR WHICH THERE IS NO TITLE, WHICH IS SOMETIMES COVERED BY A

TERA “"FREE-STYLE DATICING".

Q . OKAY. WHAT IS, IN THE THEATER ARTS, KHOWN AS --

WHAT IS KHOWH AS THE BACCHAHALIAN REVELRIES?

A THC TERM COMES FROM THE worsnip in GREICE OF THE

GOD BACCHUS, THE “OOo OF e'ic, THE GOW OF FERTILITY.

DURING THE

FESTIVALS OF BACCHUS, THERE WAS, OF COURSE, A LOT GF DRINKING

OF WINE, AND THE WORD HAS COME IN COMMON PARLAHCE TO

REFER TO

DRUEKEN ORGIES.

Q WOULD YOU DEINE THAT A LITTLE BIT MORE?

A . & DROMKEN Choy?

Q Yes.

MAS. JAFFE: WELL, AT THIS POINT, 1 OGJECT. 1 DON'T --

WR. MEET Zi it-2 BOLD THAT --

WS. JAETE:

1 BOUT RELIEVE THAT iS A SULYECT FOR EXPLPO

THE HEARING OFFICER: {'LL OVERRULE THE OBVYECTION AT THIS

Tite. |

TES7 IMONY.

NWS. GAPE:

1S COUNSE” GOLG TO ATICMPT 10 QUALIF ¢ THIEL

—_——— ee eee

PAP OTEOEM FF 6 tenes TO eT Oe Ee OOF es OFF Omen Fete 8 On eee

-- ---!

heresies.

139%

WITHCSS (TH THC FILLO OF Atl EXPERT?

THE WITHESS: AN ORGY 15 A SEXUAL EXPERIENCE INVOLVING A

GRCUP OF PEOPLE. THAT WE CAN GCT FROM THE DICTIONARY.

It BACCHANALIAN ORGIES, THERE WERE NO DISTINCTIONS

BETWEEN SPLETATORS AHD PARTICIPANTS. CVERYONE WAS A PARTICi PAN

THCRE WAS HO DISTINCTION BETWEEN PERFORMER AND AUDIENCE. THEE

WAS HO AUDICHCE. ALL WERE PERFORMERS.

CY MR. HERTZBCRG:

Q ALL RIGHT. MOW, CAN YOU GIVE US ANY EXAMPLES IN THE

HODERI WORLD Of SCAIITILY-CLAD BALLETS?

A ALL BALLET, AS FAR AS 1 KHOW, IS SCANTILY CLAD AND

HAS BEEN FROM THE VERY BEGINNING, BECAUSE THE PRIMARY VISUAL

PLEASURE Tii DANCE 1S WATCHING THE HUiZAN BODY on DISPLAY, NOT

CONCCALED GY A LOT OF CLOTHING.

SO BALLET HAS ALWAYS GEEMN SCANTILY CLAD.

PFCCHTLY, WITHIN THE LAST -- SINCE THE '20'S, SINCE

THE MODERH DANCE REVOLUTION, |

‘ty

CAi GIVE TCU EXAMPLES OF NYUDE

CALLCT.

Q THAT'S WHAT ('M TALKING ABOUT. THAT'S REAL SCANTY.

WHAT ARE THE EXAMPLES OF NUDE BALLETS?

f. It! AMCRICA, THE JOFFREY PALLET HAS PERFORMED NUDE.

ALWIL TEKOL AIS, Shot I'VE ALREADY BLUTIOULD, HAS NOT OLY HAC

HIS DANCERS PERFORM NUDE CUT Gil TCLEVISIO' OM PLO.S. th ncw

YORK. THERE WAS A ONE-HOUR SPECIAL OF ALWIII HIKOLAILS'

CHOREOGRAPHY IN WHICH, SURPRISINGLY ENOUGH, THEY SHOWED THOSE

NULL PCRFORIWRS OFF TCLEVISiON.

CRICK VAWKINIS, 30 WAL PCCENTL?( AT ULC.LLAL, HAS

PRATT TEE © FH 6. 8 OO be + ree te tee tnte OF8 OM eee eetee + 8 eteee 8

1st)

HIBSELE DAHEEO HDC AND HAS CHOREOGRAPIED BALLETS THVOL ENG

NUOE DANCERS. THe ROTHERLANDS BALLET HAS GONE ON WORLD Tous

AND MADE THEMSELVES QUITE WELL KNOWM BECAUSE OF NUDE PERFORMANCES.

ALSO, THE AFRICAN BALLET COMPANY. THE DANCE COMPANY

OF SCHEGAL, WHICH IS CURRENTLY MAKING A U.S. TOUR. THE

JOFFREY BALLEY IN NCW YORK CITY.

Q HOW ABOUT THE PLAY CALLED "HAIR", IS THAT A BALLET?

A WELL, YES, THIS WOULD FALL UNOCR A CATEGORY, IF You

CAI] CATEGORIZE SUCH PERFORMAIICES, AS ROCK BALLET. IT HAS BEEN

CALLED ROCK BALLET By OANCE CRITICS, 1 THINK, IN “OANCE

MAGAZINE",

Q HOW ABOUT "OH, CALCUTTA"?

A "OH, CALCUTTA" ano "HAIR" WOULD BE TWO EXAMPLES OF

ROC BALLET, AGAIN INCORPORATING A G2EAT HAM STYLES OF DANCE.

9 SO WHAT YOU ABO TELLING US, It EFFECT, 15 THAT

MODERN BALLET INCLUDES ALL DIFFCRENT Types?

A YES, IT'S HIGHLY EXPERIMECHTAL, VERY FLEXIBLE. IT

INCCRPORATE. tCvcee ELEsCNT OF OACE FROM THE motT POPULAR TO

THE MOST REFINED. .

Q QEAY. OM, YOU HAD THE GPPORT'NIITY TY SEE THE

_s.

try}

—~

| aa

“

“4

Q AND THE sap

‘. A YES,

Q NOW, fry GOl

' : /

@ THE TyPc of DANC

WHAT THe OIFFEREtCES

HS. GAFFE:

CbVECT IONS, ANNO THe Firs

ALSO, Tieng:

oe Ts. [T's iSMATER LAL

NOT GEEr; CSTABL]

SHE

€ THAT you

You' i

OU"VE uUST Beer, OESCRIBING

4 ARE, IF ANY,

"ELL, AT THIS POUT

IS Ar IRSUFF Tepe

” TO Be 4p; THE pn;

1, FRG WHAT YOU Say

as , ,

iC DANCERS You. SAW?

NG TO ASK You To COMPARE,

SAW AT THE boDy SHOP \y

TELL us war THE sy

T BEING IT CA

AND IRRELEVANT AS

DEPICTED THE SAmz

I Witt INTER POS:

FOviDAT lon

THAT THE WITKESS HAS

IF YOU couo,

ITH THE aS

“ILARITIES are!

SEVEX,,

TO SHOW

CHICKS pep apy :

DANCES AT THE BONY SHOP, DID Yoy NOT? ALLEGED In THe ASCUSAT IOs LS I AT of THE DATES

4 _— THE HEAR IHG OFFICER: cay You LAY A |

0 ALL RIGHT. Aili THAT WAS APPROXIMATELY In DUCEMBER | MATTE: conises > FOUHODAT ION ory THIS '

- LAST fine? a ——

or CAST eh . bare Wwe icatns: ES, Sure. peep WAVE Te | ok”

. : . t W = : ° Ee ) "UT Some :

A A YEAK AGO, RIGHT. | ITHESSEsS oO BECAUSE WE'VE Gor a ai iai OTHEP

Q AND IN ADDITION TO THAT -- AnD You DID SIT THERE ANG SHOWS THIs SAME Dance EVERY E WHICH TYPICALLY |

TIME,

SEE Tt Pe SHOW? U : .

ee oe Sn : 18 ORieM, ort icen: LET'S LAY A Fon |

. ° a % ) : P

A. 1 Ad THREE PLPEGRMERS, At ft VUDLRSTANL THERE WERE | 7] AVI LOT AT: YOur MMIDAT Lott. IT'S wler.

: — - ’ PROULEN . :

- eioine Seu |

ee i

ee gerceee 9 Oe oe *** on ee © © * 89.0 ere O% v0 “et. “* eneee

eens — *o==

ee OEE © © ccs. ~_— -

)

eee ee ee ee ce ee

if3

ME. HEPTANE:

14 TAKING HER OUT OF ORDER WECAUSE 1

WOULD PUT THE Vibe on FIRST, WHICH SHE HAS ALREADY SCEH. snr

HAS ALRCADY TESTIFIED SHE WAS THERE IN DECCMBER OF LAST YEAR

AND SEEN THESE DANCES, AND I DON'T THIMK THERE IS MUCH DIFFEREN

IN AHY OF THiLM., TucT'RE PRACTICALLY ALL THE SAME. 1 DON'T

UNOCRSTAND WHAT THE OBJECTION IS AS FAR AS --

THE HEARING OFFICER: FIRST OF ALL, WE DON'T HAVE ANY

EVIDENCE THAT THEY'RE ALL THE SAME.

HERTZEERG: WELL --

I MEA,

THE HEARING OFFICER: TO TIE I*

[IT MAY WELL BC.

TOGETHER

MR. HERTZBERG? I CAN DO THAT. J HAVE A WITNESS HERE TO

DO IT WITH. I CAN TAKE HER OFF AND PUT HIM ON. IT yUST

CREATES A Lot oF PRPORLCHS, THAT'S FLL, BUT T'tl HO tT.

MS. JAFFE: WELL, I'M NOT GOING To --

THE HEARING OFFICER: TITHCR THAT OR A MOTIOM TO STRIKL

SUBJECT TO -- YOU HAVE A MOTION TO STRIKE Off THC TAGLE NOw,

SUT SUBJCCT TO TYING IT UP LATER.

MR. HEP TINGFG: I'LL TIE IT UP LATER.

HS. shith: 1. SUBMIT IT.

THE HEARING OFFICER: YOU HAVE AN OBJECTION, 0O YOU?

MS. JAFFE: OBJECTION Ot THE GReourno THAT IT'S IMMATERIAL

ANS TRRCLEVANT ULCLUSE THIS WITHUSS HAS HOT UCC SHOWN TO HAVE

O8-ERVED THAT WHICH IS ALLEGED In THE ACCUSATION; HEMCC, WHAT

SHL SAW, WHICH I ASSUME SHC WILL ANALOGIZE TO MODERN DANCE, IS

“WITHOUT FOUNDATION.

AR. WERTZOLRG: LET “ME ASK --

MS. JAFEL: stip, FURTMCRMORL, If CALLS FOR SPEZULAT IONS

ie ee t"-« . * 6 . ee. * ~ ce

“THERE AND THE OCCASION WHICH APPAREHTLY

—-= @e@nec a=,

Po%

AD LOMCLUS LOU, , PELL TY wound Be More. PROVLP IF SHE WERE

TO, FOR EXAHPLE, NESCRILE THE MOVEMENTS OF THE DANCERS WHICH

SHE OUSERVED It! THE PREMISES ON THE OTHER OCCASION THAT SHE WAS

IS NOT ONE ALLEGED IN’

THE ACCUSATION,

MA. HERTZBERG: LCT ME ASK A COUPLE OF QUESTIONS OF THE

WITHESS, |

THE HEARING OFFICER: ARE YOU GOING TO LAY FOUNDATION?

MR. HERTZBERG: Yes.

THE HEARING OFFICER: ALL RIGHT. THE OBJECTION, AS FAR

AS THE FOUNDATICH, | THINK, IS PROPER. on THE OTHER BASIS,

IT'S OVERRULED.

BUT HE IS GOING TO -- MR. HERTZEERG IS GOING

‘TO LAY FOUNDATION.

BY MP. HERTSRERC:

Qs WHET! -YOU OBSERVED THESE DATICES, WERE THE LADIES ;

DANCING NUDE? :

h ARE YOU REFERRING TO THD BODY SHOP? |

Q VES.

A Who.

Q TELL US WHAT YOU SAW THERE DECEMBER, 1973. |

A 1 SAW THREE DIFFERENT DANCERS PCRFORM Ol THE STAGT. |

I VELTEVE PACU OM OF THES vib Fuo DANICES. |

Q WERE THEY nud?

A THCY WERE tbl, YES. THEY EACH VANCED -T6 THE MUSIC

OF THE JUKEBOX, GUT 1 DO RECALL THAT EACH GIRL DID HAVE A

PEPSOUAL STYLE OF DATICIIE,

1T COULD ALL FALL UNDER THE CATESORS

WS. MAUTE SS OICETION., MOT LOT TO STELIMKI AS GOING GEYORD

ere etee @ tee * OOO Fe Oe pee OOOO Fee 888 Oh cee eee sn

” 155 aaa

134

A nm), JAIL EE - YES aes

: . - © - “ALHT BEGINING WITH -- she e THERE'S to L. ;

THE SCOPE OF THE GUESTION AS TO THE STATEMLN > ee | ALL RIGHT, fF THERE js

CXCUSE HE FOR INTERRUPTING. CGEGINIING WITH "EACH GIRL HAD :'L2 |

MR. HERTZBERG: I'LL WITHoRAW - i or

OWN STYLE --" Ms

e -* » JAFFE: '

HERTZBERG: I'LL MOVE TO STRIKE IT. . eo aun WITHORAW THE OBJECTION AND WAIT FO

MR. ° QUEST Ion. R THE

° ris : HE ic ;

— ° * 1 GRANTED : HEARING OFFICER: THAT WOULD HE ‘

THE HEARING OFFICER: JOINT HOTIOF . . om é Cup, THANK YOu

. * JAPPE: WELL, THANK You.

z : =RG: , 9

BY MR. HERTZBE 2 | a j BY mp HERTZBERG

Q NID YOU HEAR THE TESTIMONY OF THE TWO POLICE OFFICERS Ee

Q “OULD You co;

{ 2 vod wa COMPARE :

THIS MORNING CONCERNING WHAT THEY $A THERE? | " 1 BODY sHop ms THE DANCES THAT yoy SAW AT THe

; ‘ » BOTH PERSONALLY F

ROM

A “es, I DIO. ° WHAT You HOARD ,; THE FILM you OCSERVED ANDO FROM

FROM THE of

Q eee ee: a oe 8) commun OFFICERS THIS HoRHING AS FAR AS THe

adie? CATIVE Aspect OF

THEIR Dane

A no. | bas TO THe eis € Is CONCERNED wHen COMPARED

2) a | . | | MSSTCATIVE ASPECT oF THE RUDE BALL ETE 7

HR. WEETZBERG: SUBMITTCO. 1® | rors ee “ALLETS Youtye HERETO. 4

. . : TE “PT IF ICD Agour. | :

y * . JAFFE - OSUJE ’

STATE IS THAT THURE [S$ AN OBJECTION SUSTAINED ON THE GROUND OF " | specy ee eee COMPOUND. 17 CALLS FoR

““YULATION Any CONCL

; , | US ION,

LACK OF PROPER FOUNDATION, AND YOU'VE ATTEMPTED TO LAY THE Po] tear re Os T BELIEVE THAT tT 45 SUFI ICENT

- WITNESS TOSTIF TE

CG THAT rig: OANCES wreoe

FOUHOAT 1 Ot. td MKT THE OFFicEPS sp ES ERE AccoRDING Ty

shri IT TIMel ° NAVE prey > in

fFHORT 13 HO OVIJECTION TO PULL Ol AT THE PRESENT TIME “ 2 C PREVIOUSLY DES CRIiBcy Ii THEIR TEST IMORy

0 | r THEREFQp Ee P

ny ne OOS etn BE CUBULAT Tye TF ANYTHING AND

1S THERE? OBuCcT On ie ° ” "7, I

TMZ BASIS

, | On ROUND 2"9 IT CALLS FoR A ¢ .

sin | nae BJECT TO THE QUESTION Ol: THE G CONCLUE

MS. JAFFE: TES, 1 OG = f AUD 1 op :

THAT IT CALLS FOR --

| aa : ?ST1Ot

THE HEARING OFFTCLR:S SHAT WAS THE QUESTION? THE QUESTIO

1ON AnD SPECULAT ION,

YECT On Tur :

C BASIS THE QUESTION, AND | |

OF THE Fon oF

OBVECT 1 THE BASr-

CT of rHE BASIS TUAT IT WOULD ef CUMULATIVE

THAT was ug FIRST,

I'M Sorry. fy |

‘ , ’ HR, HERT ZpeRg ¥

BAS ULE ANDWERLD REGARD, WHAT SHE SAW -- WHAT -- HER VIEW .

‘ ’ . oth PM o

ELI MS. JAFFE:

OF INE TCSTIMONY OF THE OFFICERS. NOW, THAT, I BELIEVE, WAS TO ;

OH,

MR. HERTZBERG:

LAY FOUNDATION.

YOU HAve REALLY ONLY Gor THO,

PM MARTH Ore te

le 4 r CLR: AS ‘pe

ue. eratunees: @ome. sii FUMES AND THe MESTION, ITI.

. Saath ee! MAA * TH DAE ; re

. . ’ 7LOUEK. -L, WhiAL :

1M: OMAR TG OFFICER: THORE 15 NO OULSTION On THE FLOU . 7 oo iy PLESOWALLY seen AND AS sir :

* ” . ’ . j

. .

el hh. er ee ee oe ee ee 2

- ——

- “-

_—

—s

-- op

_—— .

; »°7

LEARHLD FRO THE OFFICERS TESTIMONY AUD FILMS REGARDING

COMMUNICATIVE ASPECTS AS COMPARED WITH THE GALLETS ABOUT WHICH

SHE HAS TESTIFIED ABOUT. ARE YOU TALKING ABOUT BALLET, MODERN

DANCE OR --

MR. NERTZBCERG: THE NUDE BALLETS WHICH SHE JUST REFERRED

TO WINER LAST ANSWER.

‘THE HEARING OFFICER: ALL RIGHT.

MS. JAFFE: ALL RIGHT. WELL, MR. HEARING OFFICER, FOR THE

RECORD, AND THIS GOES TO THE WEIGHT, IN HY OPINION, WHAT THE

WITNESS OBSERVED WAS NOT THOSE PERFORMANCES ALLEGED IN THE

ACCUSATION, ANDO I OBJECT Ot! THAT BASIS.

IT WOULD GO TO THE WEIGHT. SHE HAS TCSTIFIED THAT

SHE SAW SIMILAR PERFORMANCES TO WHAT THE OFFICER TESTIFIED TO.

HCWEVER, iv OBJECTION IS MADE WITH REGARD TO WHAT WEIGHT THi

TESTIMONY SHOULD BZ GIVEN INSOFAR AS THEY ARC NOT THE INSTANCES

ALLEGED IM THE ACCUSATION. | |

MR. HERTZCERG: IT ONLY GOES TO THE WEIGHT.

MS. JAFFE: | HAVE SEVERAL O@vECTIOS. |

THE HEARING OFFICER: THAT'S THF PROBLEM WE RUN INTO WHEN

WE TAKE A WIiTHCSS OUT OF ORDER. THAT GUES BACK TO, | BELIEVE,

FOUNDATION.

MS. JAFFE: YES, I HAVE MULTIPLE ORVJECTIONS TO THE QUESTIO

HR. MERTZBERG: 1 WAS VISTRACTED FOR A MOMENT.

THE HEARING OFFICER: COMMENTED THAT 1T GOES BACK TO THE

PROFER FOUNDATION WE HAVE HERE RCEGARUING THE FILMS; WHICH ARE

"WOT IN EVIDENCE YCT, ONE OF THE PROBLEMS WE'VE GOT, REGARDING

HER PERSONAL VIEWS AS fO TMC DANCING, WHETHER THAT WAS THE SAME,

DANCING AS WAS BLING PLEPO°MLD, L ASSURE, AS OM WOVvENeErR 1ST,

STH, 9TH, (5TH, ET CET;

-'tRA .

MR. tithe T7BERG:

THERE THREE Hur:

MS.. JAFFE :

HC Olo

CAN TAKE FCR OFF

FINISH WY teae

It Atty EVENT,

I WON'T TIE

| THE HEARING OFFICER: THCRE WOULD CE

THE MOTION «to STRIKE THE TOST I mony QT

LREAYy HELL, |

nia ; ACM Tptaze

Ms, UAEEEC: VERY WELL,

BY MR, HERTZBERG: |

) yer '

WY Yay Rn MERCER THE QUEST Oy

f rus,

CAH Yo: ’

J ANSWER {T? ANSWER THE QUEST IO;

Pur :

DEAL FIRST WITH THE >IMILARIT IES

Q ALL RIGHT,

A aT “| .

Tin, Mos ¢ PUROAMEN TAL, SENSE sori

IT up For FOUNDAT Ion.

A SE

NOT STATE THAT IT

[ WICL OFFER THIS

PARATE SROUNDS TC

THE RESERVED j

“4

WHAT SHALL. J

. i

acm

SERVED FCHALE

—

1 |

SAY - BOTH FiProrniwnens -- weer VEALING WITH Two f¢Pcs or

PERFORMANCES.

THE HEARING OFFICER: WHAT ARE THE TWO TYPCS?

THE WITNESS: THE PERFORMANCE AT THE BODY SHOP CLASSIFIED

AS COKPARLD TO THE PERFORMACES OF COLTEMPORARY BALLETS AND

MODERN THEATER GROUPS. BOTH ARE THE PRESENTATIONS OF DANCE ANO

THE CXPERIENCCL,

IDENTICAL IN EACH.

THE ESTHETIC PLEASURE 1S WATCHING THE HUMAN GODY ON

DISPLAY.

HWS. JAFFE: WELL, AT THIS POINT, I OBYECT ANID MOVE TO

STRIKE THAT PORTION OF THE ANSWER - EXCUSE ME, AGAIN - BEGINNING

WITH "ESTHETIC" AS GOING BEYOND THE SCOPE OF THE QUESTION; ANDO,

FURTHERMORE, 17 CALLS FOR A SPECULATION AND CONCcLUS AND

107;

ALSO i WOULD LIKE TO ASK THE QUESTION -- ASK A QUCSTION OF THE

WITHESS OW VOIR DIRE AT THIS POITT.

MR. HERTZOERG WELL, LET'S TAKE ONE AT A Time. 1 DOr'T

THIN YOU REALLY UNDERSTOOD THE QUTETION BASED UPrOH YOUR

OBJECTION.

MS. JAPRES ALL RIGHT. I HAYE SAT HERE, MR.

ALL DAY LONG LISTEHMING TO COUNSEL'S REFERENCE TO WHAT I UNDER-

STAND AND WHAT 1 DON'T UNDERSTAND, AND 1 AM AT THIS POINT

BLOOMING A LITILC TIREO OF TT, ANDO 1 RCQUEST AM ADMOMNITION TO

. {

THAT CFFECT. ;

THE HEARING OFFICER: ['M HOT SURE WHAT THE ADMONITION,

é j

FORM OF THE ADMONITION WOULD BEC. I THINK IT'S GETTING CLOSE,

CUT IF STARTED Itt LEGITIMATC ARGUMENIT. IT MIGHT SE. I THK

IT MIGHT LCAPLOITE BATTERS TF THE COUNSEL Fok THC RESPONDENT

HCARING OFFICER,

— ee ee Cee eee ee ee ee ee

POR ee fete ** bl a i ee ee |

THE ESTHETIC EXPERIENCE, OF WATCHING A DANC P|

. =

I'M HOT SAYING THAT IT Is,

- EXPLAIN -- GOING BACK HERE, WAS,

146

WOULD REFRAIN Porm THAT PAP TICULAR PHRASE watcn WAS USED

SEVERAL TIMES IT'S GETTING CLOSE To PERSONAL ATTACK, PERHAPS.

CUT IT'S GETTING CLOSE THERE.

. WHERE -- : ' ‘

MS. JAFFE:

WELL, I HAO INTERPOSED CERTAIN OBJECTIONS AND

ALSO RCQUCSTED - | BELIEVE 1 SHOULD HAVE SCPARATCD THEM - AN

OPPORTUNITY TO QUESTION THE WITNESS ON VOIR DIRE.

AR. HERTZBERG: WELL, THE WITNESS, YOUR HONOR, - 1S ANSWER-

ING THE QUESTION. ‘COUNSEL HAS OCJECTED. 1 CAN SAY HONESTLY 1

DON'T UNDERSTAND THE OBJECTION, SO I CAN'T OBYECT TO IT.

THE HEARING OFFICER: THE QUESTION, |

GCLIEVE, WAS TO

AS I UNDERSTAND IT, WAS TO

COMPARE, BASED UPON THE PERSOWAL VIEWS ANDO THE OFFICERS’

TESTIMONY AND THE FILMS, THE COMMUICATIVE ASPECTS WITH NUDE

BALLET, WHICH SHE TESTIFIED ABOUT AUD THE DAUCING AT THE BODY

SHOP, AIID SHE SAID SHE wouLD START Of THE SIMILARITIES, AND

SHE TESTIFIED THEY WERE GOTH -- THERE WAS ESTHETIC EXPERIENCE

IN SOTH OF THEN,

MS. JAFFE: ALL RIGHT, AND | OBJECT TO THAT PORTION THE’

WERE CSTHETIC EXPERIENCES ft THAT THCY WERE SIMILAR IM THAT

FASHION AND MOVE TO STRIKE AS GOING CEYO!ID THE SCOPE OF THE

QUESTION WHICH WAS INDICATED To BE DESCRIGING THE SIMILARITIES,

AWC | Gea teve THAT THAT PORTLON OF THE ANS WER WENT TO CONCLU-

S1Otls “AND SUECULATIONS AS TO WHAT WAS AMD WHAT WASNT EITHETIC,

$0 | MOVE TS STRIKE OH THAT BASIS.

MR. HERTZBERG:

WELL, THE QUESTION, YOUR HONOR, WAS NOT

WHAT THESE SIMILARITIES wree.

[ HAD ASKED HER TO COMPARE THE,

WHET YOU COMPARE Ty uO THIIIG: «=.

eer trvera ts TR one OF OF Fe cee tet eees * O68 ern een tee: | #8 eR pee 6

mee

ad ene . — —_————— a eee ——_—

THE HIPARTOG OFFRCER: Amp sue SAID SHE WOULD Give THe

SIMILARITICS FIRST AMO THEN THE DISSIMILARITICS,

| MR. HERTZBERG: RIGHT, AND I ASSUME WHEN YOU TALK. ABOUT

SIMILARITIES, YOU CAN TALK AGOUT THE ESTHETIC VALUE, ITS

BEAUTIFUL VALUE. 1 CAN'T IMAGING THAT WORD TO BL A CotinLUstOn.

CVERYTHING Itt LIFC IS A CONCLUSION, WUT | GUESS THE EXTENT oF

THE CONCLUSION 1S DCTERMINATIVE CY WHETHER THE OBVECTIOTI 1s

GOIKG TO BE SUSTAINED OR NOT,

| SCE NO BASIS FOR AN OfVECTION.

THE HEARING OFFICER: OBuvECTION OVERRULED. CONTINUE,

MS. JAFFE: ALL RIGHT,

MAY | RE PERMITTCO TO ASK THE

WITNESS AT THIS POINT A Few QUESTIONS ON VOIR OIRE?

THE HEARING OFFICER: WHAT IS THE BASIS OF YOUR «-

MS. JAFFE: AS TO THE LAST STATCMENT RUGAROING THE

CSTHCTIC QUALITY. | WANT TO KNOW SPECIFICALLY HER FOUNDATION

FOR THE STATLUNCHT,

MR. HERTZBERG: ON, 1'D BE HAPPY To, ASK HER ANYTHING

YOU WANT,

NS. JAPPRS ALL RIGHT. Tiare fey VERY MUCH,

MR, HERTZLER: 1 CAN'T WAIT FO® THAT,

VOIR DIRE EXAMINATION

AY MNS. JAE:

ny ALL peur,

Nie CHASE, WOULO YOU TELL US, WHEI! You

REFERRED TO YOUR STATEMENT REGARDING Tit CSTHCTIC VALUE OF BOTH

THE DANCE AT THE BODY SHOP AND CorTcCMPORARY BALLET, WHETHER OR

HOT YOU WERT MAKING REFEREE TO Your PLRSOUAL JUDGMENT THAT

BOM OF THESE DAILES HAD "so riertie VALUL?

*'ee

oe + Or ewe ** @@e@cee SSO CESe © & +1 GOO se: Cem EE + © © GHEE GED ecu © ammo ene 10d

OP TETRA Ee fete ote

ae ‘vert BEST COPY AVAILABLE f

ee nn ee a =. *

A 1 WAS HOT OY PEPLBRIEe To ome owt JUOGMENT, Wut

THE JUDGNENIT OF CRITICS, CONTEMPORARY AnD HISTORICAL; TO THE

SURVEY I TOOK AT U.C.L.A. OF THE ENTIRE THEATER DEPARTMENT AS

TO THE ESSCNTIAL ESTHETIC VALUE OF WATCHING A DANCE.

Q ALL RIGHT. HOW, AS TO THE CRITICS THAT You RErERREO

TO, TO YOUR KNOWLEDGE, DIO ANY OF THEM OBSERVE ANY DANCES It

THE BODY SHOP FROM HOVEMBER THE LST, 1973, TO FEGRUARY THE 23R0

1974?

A NOT TO MY KHOWLEDGC, 0.

Q . ALL RIGHT. AS TO THE SURVEY YOU TOOK OF THE FACULTY

== WAS IT?

A YRS,

Q DO YOU KNOW WHETHER OR NOT ANY OF THOSE FACULTY

MCNOCRS OLRSLAVED PCRFORMAIL ES

Ith THK PREMISES OURING Tett

PERIOD OF TINE THAT | PREVIOUSLY MENT IONLO?

A HOT THESE PREMISES, HO.

Q ALL RIGHT. AIO YOU MENTIONED ONE OTHER THING THAT

YOU == OH, AS TO THE HISTORICAL BASIS, ON ARE LIMITING Your

ANSWER AS TO THE CSTHETIC VALUE OF THE PEEFORMAUICES AT THE

CODY SHOP BASLO UNO YOUR PERSONAL OBSERVATIONS THAT YOU MADE

ON THC DATCS ANIO TIMES THAT YOU WERE THERE?

A 1 WOULD LIKE TO TRY TO EXPLAIN MYSELF.

0 COULD YOU ALSWER MY QUESTION?

h 1 POUT UNVERSTAIO YOUR GUEST. .

Q ALL RIGHT. OKAY, YOU MENTIONLD YoU WORE) BASING YOUR

QUESTION IN PART ON THE HISTORY OF THE DANCE. WERE YOU BASING

YOUR ALO VER PRIMARILY UPON YOUR PERSOTAL FHOWLLOGE OF THK bATICE

THAT YOU CUSLRVED BEING PEO FORMELO Th THE PREMISES AND OTHER

‘= > ee ee -

seeeereer ee tue ** OO Pe ree OF etee Oo hee ot bere

~ «

eee .

— +. e se se . aseautieg

, MMEORKAT LON yoy NAD OF THE DANCES IN THE BODY shop MORE THAN

7 | on MESTORICAL SIGHIF I CAUCE? = .

, A 1 WAS NEITHER MAKING AN ESTHETIC yuogMenT NOR A

’ PERSONAL. oDSeRVAT on, | WAS TALKING AvouT tHe DEFINITION o¢

* |. paneer AS YOU CAN Finn ty THE DICTIONARY op THEATER,

: Q OW, THEN You WEREN'T CONS IocRING WHAT YOU ACTUALLY

’ OBSERVED AT te BOOY SHOP AT aL?

. A 1 OBSERVED DANCES, Ano DANCE 1S THE GO0Y Moving IN

M4 RHYTHM,

ad Q ALL RIGHT, An THAT I§ .. |

ne A I'M SAYING THAT IS THe ESSENTIAL SIMILARITY, THay

on IN BOTH CASes THE THEATRICAL PERFORMANCES were DANCE,

a Q ARE THERE OTHER DEFINITIONS of DANCING?

ne A HOT THAT 1 Krioy or, ne,

Q CAN OTHER ACTIVITIES uf PCRFORMED WHILE MOVING Tre

" | Boor IN RHYTHM To MUSIC?

od A TD Presurey THEY Couto.

e Q ALL RIGHT, § eoury ONC, rope EXAMILE, MOVE THE Covy

” IN RMYTHM Te MUSIC any MAUTPULATE COpraqy PROMS?

A CS, ONL CouLD.

, Q ALL RIGHT. coup ONE Communicate WHILE MOVING THe

®@! nooy },, RHYTHM TO Must IPEAS HOT etLAtey TO THC DANCE ITSELE?

A 1 DONT UNOLES Fare THE QUESTION, .

Q ALL Rigur, 4 WITHORAW rHe QUESTION, - 7

WR. HORT ZECKG: MS IS A Litre FAR AFIELD.

MS. JAFFE: aut RIGHT. 1 Have COMPLETED mY vojp DIRE.

ThiAtin You, |

MR. MLD WKS : HAL YoY.

‘- ‘.

ios - 7 +e eee « SO CUE ncn ¢

- —— meee

1h |

e Mince) LXAMINAT LON CRUSUMED)

? BY MR, MCR TZ HERG

3 Q WOULD yoy CONTINUE Now IN MAKING THE COMPAR I Son oF

ile ‘ WHICH You SPOKE? |

$ A it worH INSTANCES, Tie STYLES of DANCING ARE

. ESSENTIALLY TOENTICAL, THe OLFFERENCE WOULD bE a OIFFERENCE

’ PERHAPS, 41) THE TALENT App THE TRAINING of THE PERFORMERS BUT

@. IT WAS very MUCH THE Same KINO OF DANCING THAT [I've OBSERVED

® ON ALL THE .. ON Many OIFFERENT OCCASIONS IH WATCHING MODERN

e DANCE TROUPES AND MODERN BALLETS

e COTM INSTANCES TAKE PLACE IN A THEATRICAL ENVIRON.

2 MENT. gory ARE THEATRICAL EXPERIENCES INVOLVING PERFORMERS

3 PERFORMING on a STAGE BEFORE an AUDICHCE, PRESUMABLY A STAGE

" SET FoR Tr; “ACLUSIVE USE of THC PERFORMERS ANNO THE AREA ty THE

® BUILDING row C*YCLUSIVE Use or: THC AUOICiCE, “HICH, ACCORDING

| te TO THE DICTIONARY AND. OTHER DEFINITIONS, CONSTITUTES a THCATRR,

" \ TMEATER Is a PLACE WITH a OCS IGNATED AREA FOR THe

a PEP FORNER, ME STONATER AREA FOR aij AUDIENCE IN WHICH A

THLATR | CAL PERV AD ‘NCE TAKES

THEATRICAL,

MOM y

WER,

A heuce, MUSIC,

THEATER apy

Pf PER OmAL YE yop:

PLACE,

1! WOT Cages

IN THE CASE oF BALLET,

PERFORMANCE INVOLVING LARGE STS,

+ UAtorate COSTUMES nanny DANCERS,

i) fey SASS or "HE BoDy SHO,

VERY t ue AND veny SIMPLE,

LIGHTING, BUT STILL THe ESSCNTIAL

at! Cnet _ i"

nn I

ee “00 1 ee eee -_—

*OROpeeee » ., temanonr

Se ON Ne ee

IT'S A very CLAGORATE |

LARGE AMOUNTS o)

THLE was A STAGE

To The CFFOCT op THE

IC WOULD NAVE Ty CALL The PERFORMANE \, .

LOTS op siperneessien.

THe THEATRICAL CLEMe TE

A PERFOR NUR

CLEMENTS of

1"5

MS. JANIS AY THIS POLE «-

THE WITHCSS: <= IDCHTICAL --

MS. JAFFE: JUST A MOMENT,

THE WITNESS: fT WOULD YUST LIKE TO FINISH MY SENTCNCE.

MS. JAFFE: ALL RIGHT.

I'M SORRY. EXCUSE ME.

1 OWUCET. | BELIEVE SHE 1S HOW - ANNO MOVE TO STRIKE

- 1 BELIEVE SHE 1S GOING WITHOUT THE SCOPE OF THE QUESTION AS

TO THE EFFECT. SHE WAS == THE QUESTION, AS I RECALL IT, WAS

TO DESCRIVE THE SIMILARITIES BETWEEN “WHAT SHE OGSERVEO AT THE

BODY SHOP AIID CONTEMPORARY DANCE.

THE HEARING OFFICER: ALL RIGHT,

MS. JAFFE: 50 I MOVE TO STRIKC ON THAT BASIS, ANO I

WONDER IF = GCCAUSE THERE IS A PROCLEM -

IF 1 COULD HAVE $%""E

SORT OF AN OPPORTUNITY TO MAKE MY OOVECT IONS,

THE WEARING OFFICEK: WELL, Pul If THIS WAY. You SAY

"t OBJECT", ANDO THEN I'LL ASK THE WITNESS TO STOP AT THAT TIME,

WE WILL TAKE THAT FORM OF OBVECTION, ANO THEN GIVE YOUR GASIS.

MS. ol/ ren: ALL RIGHT. 1 OUJECT AHO MOVE TO STRIKE THAT

PORTION OF FL TESTIMONY BLGIIELIIG WHT THI «= APPROXIMATELY

THE CRRLCT OF FIL BASES IT GOES BEYONO THE SCOPE OF THE QuESTIO

ASKCO.,

HR. MERTZBFRG: OKAY,

Q WOULD YOU TELL v WHAT ==

THE HEARING OCF TORR: GRAuTCoD.

BY MR, HERTZBERG: ee |

Q WOULD “YOU MAKE A COMPARISON BETWEEN TYE DANCES AT

ML BODY Shot AND THLE GAL! TS OF whiten YOU CARLIEK SPOKE AS

seaerrtta te fee oe eee ete ee ee) ee 2

—

_— eee ee ae

COHNCCRHS THE CFFECT UPON THe AUDIENCC,

MWS. JAPVES ALL RIGHT. NOW, AF THIS POINT, | OBVECT.

THERE 1S NO FOUNDATION THAT SHOWS THAT THIS WITNESS IS AN

EXPERT Itt THE FICLO OF THE EFFECT OF NUDE FEMALE PERFORMERS

YPOH ALL AUDIENCE Tl A PUBLIC PROMISES OR TAVERN,

MR. HERTZBERG: DOCS SUCH A PERSON EXIST?

THE HEARING OFFICER: | THINK SHE TESTIFIEO UNDER THE

DEFINITION OF THCATER THAT WE HAD A THEATER IN THE BODY SHOP,

4S. JAFFE: SAME OBJECTION,

THE HEARING OFFICER: WELL, SHE IS TESTIFYING ABOUT ONE

BALLET IN THC THEATER AND THE BODY SHOP AS A THEATER. NOW,

YOU CALL IT A TAVERN, MAYBE LEGALLY IT 1S. MAYBE LEGALLY IT

1S MORE THAI! THAT.

MS. JAFFE: + SUBMIT THAT | RELICVE THERE ARC PROBACLY

LICENSING REQUIREMENTS FOR THEATERS, AID THUS FAR THE RECORD

1S DEVOID OF AlIY EVIDENCE OF LICENSING OTHER THAN THE OCPARTMEN

OF ALCOHOLIC CCVERAGE CONTROL LIQUOR LICENSE, AND | SUBMIT IT'S

A QUESTION OF VEIGHT TO CALANGER THIS WITHLSS'S EQUIVALCHT THAT

THE GOODY Sital’ 1S A. THEATER AGAINST THE REOQUTREMCHITS AO

REGULATIONS AND ALSO THC FACTUAL DIFFERCHCES OF THE TWO

ESTAULISHMENTS.

THE HEARING OFFICER: SHE TESTIFIED, ACCORDING TO THE

LUGAL « HOT LEGAL ~ FT THT THEATER DEFINITION OF THEATCR --

EXCUSE ML. DICTIONARY OLE TUITION OF THEATCR WAS A PLACE FOR A

STAGE AND A PLACE FOR A SCGREGATION OF -- SEPARATE AREA FOR 1HE

AVOICNCE.

you're TALKING ABOUT THE LEGAL REQUIRLIMENTS. I

DUTT <= Thtek MIGHT BE OFVEK LEGAL REQUTREMUNES: FIRE

~ J

‘.

———-— + ae co ce “——-.

ny a

> -

REQUIRCMLITS, ZONING REQUIKENENTS, AND SYEH «- ' ;

ANGELES Pesos be

2 PER LLY.

MR. HERTZBCRG: WE'RE HOT GOING TO GET INVOLVED IM THAT. ‘'y | e |

AND THE cour

LET ME YUST TAKE MY wiTHess. ! ’ ‘ | NY OF LOS ANGELES, MANY oF THEM, Too?

Yes, : ss

MS. JAFFE: ALL RIGHT. : . @ ; ie 7

: Q - PERSONALLY APPEARED, RIGHT?

4 . .

! a Ve | A YES,

BY MR. MCRTZOCRG: ! Ya 7

Q * AND, tH ADO]

TIO;

Q MISS CHASE, YOU HAVE TESTIFIED AS AN EXPERT AND a?) anes abe OM TO THAT, You MADE A STUDY OF WHat

: - NORMALLY [N '

QUALIFIED IM FEDERAL PROCECUINGS, HAVE You HoT? . . , CIOENT TO A THEATER?

| ; YES. ‘

A ves. ”

Q STATC COURT PROCEFDINGS? 7 oN THE STATE oF CALIFORNIA?

e ‘ wo . 4 a :

7 é -

: OUTS 8 UTER PRINT-

Q ADMINISTRATIVE STATE COURT PRocEcOINGS? ! a? Tae SAUIFORHIA THEATER suRver WHICH IS AN ORGANI ZAT]

| | WHICH HAS DEvoTED ITSELF ExcLustivecy TO co ON

A Yes. MPILING yusT

i) KINO OF INFORMATION. THAT {

Q SUPCRIOR COURT AMD MULITCIPAL CouRT? a

( ,

i ae ape e@ 2 1] FURTHER OETEPMIMNIG YouR -. REACHING Your op

‘ = 5 AS To WHA ° . INTOR;

T'S OR IS NOT A THE

Q UNITED STATES FEOCRAL DISTRICT COURT? | © T ethieics aoe MEATER, OID YOU DISCUSS It wiry

A YES, " i a

7 A YES, I DIO. - e

0 AND MAVE YOU Lit THE PAST TESTIFIED AS AN EXPERT On eo! ox ) OISCUSSED IT with THE THEATER CRITICS

LOS ANGELES Papras

WHAT 1S OR WHAT 1S NOT A THCATER? - ;

Q DID rey Discus

_ . SS IT WITH AMY pRoee .

A “iS, | MAVE, . ROFESSOR _

ve . "1 OF caLiFoRnt;>2 ee

Q DID YOU SURVEY == DID YOU MAKE SURVEYS IN THE STATE bs

; A THAT WAS THE re)

OF CALIFORIIA TO DETERMINE WHAT ELEMENTS COMPRISE A THEATER? “, pent meCASIOW OF MY INTERVIEW OF THE y €.4.4

HEATER OCPARTHENT, vES. i

A YLS, 1 DIO, 1 |

‘ : Q Ai WITH OTM 5: peresq “oe ‘

0 VID (Ol HAVE THE USE OF COMPUTERS FOR THAT PURPOSE? oe OOONS OCc tees ~~ wees STRIKE THAT:

AND IH YouR vagtous v ae

. ‘ YISITS To 4 r< ; °

A rcs. io. , ‘LL THESE THEATERS

YOU OID TaBuLatc THESE VARIOUS ELEHcHT

Q DID YOU VISIT THEATERS THROUGHOUT THI5 STATE FOR Be | a. NTS OF WHICH WE spcAK?

YCS.

PUePOSE? e

’ Q AND YOU MADE A

h 1 OOUPYEYLD ALL GME THLATERS FH TM Gier or LOS , _ SOMPLETC stub oF THE WHOLE THING?

OL ALL ee Lee ee eee ee ee

—— oon

——> eae

Q WITHIN THE pass YEAR?

A YES, IT was.

Q NOW, 4

7 * ASKED You THs QUESTION. IW MAKING THE

COMPAR I son THAT | ASKED YO

TIES AND OTSSIMILARITIES> —

A ' - >

4 PERMITTED ne) AUSWER THE QUEST Io NOW?

Q SCARED THE WITNESS.

A YEs.

Q YES, PLEASE po.

A IN BOTE E

TH CASES, A THEATRICAL PCRFORMALICES -Is OFFERED

GIVES PLEASURE To AN AUOLEncE.

Q ALL RIGHT. wou YOU SAY THAT THe _-

E .

RUPT voy, bur WE

. * HAD, AS 1 RECALL

Ta YOU? PPIOR MOT IO

' For

MOT Lory TO STeine Is DENIED, SEFORE

MS. JAFFE: 1° conte

THE Testimony.

* PARTAKE Mort. oF GROSS SCZAUALITY Thal THE PCRFORMANCES AT THC

THE HEAR Its OFFICER - ell RIGHT

. 7 .

BY HR. HERTZBERG: [

Q WOULD y

a OU SaY THAT THE PERFORMANCES AT THE b00Y ball

TAKE ¢ ; ,

C MORE oF GrOSs SEXUAL I Ty THAH OF COMMULLICA TION? |

A nO. | |

Le -_—.

— a **CC,, ¢ a -_——

@Atreree ‘ tev ‘ff C0 e+.

_——

_- ---

15¢

») YOULD YOU SAY tA Tur PERFORMANCES AT THC RovY sop

CALLETS YOU SPOKE oF EARLIER IN YOUR TESTIMONY?

A HO.

Q ~ “WOULD You say THAT THEY PARTAKE OF LESS GROSS

SEXUALITY THAN THE BALLETS YOU SPOKE OF EARLIER?

A HO, ;,

Q° WOULD YOU COMPARE FROM THE ASPCCT OF GROSS SEXUALITY

THE PERFORMANCES aT THE CODY SHOP Ot THE ONE HAND AS OPPOSED To

THE PERFORMANCES OF THE CALLETS OF WHICH You SPOKE EARLIER? 00

YOU UNDERSTA:D THE QUEST IOts?

4 YES, 1 DO. I'M NOT SURE I'M QUALIFIED TO SPEAK AS

TO WHAT CONSTITUTCS GROSS SEXUALITY, BUT I CAN SAY THIS REGARD-

ALL DANCE CVvER

ING DANCE: DANCE Iu BOT INSTACES, AND THAT 15

SIHCC THE ULGIIMiiMm, oF TIRE, HAS ALWAYS CLL, FO Some DEGREE, '

SENSUAL, SEXUAL, AND IT DOES INVOLVE THE HJMAM BODY ON DISPLAY

IN THAT IT IS Atl ADORATION AND APPRECIATION OF THE HUAN 800Y,

1S, PER SE, HoT omy «A SCAUTIFUL THING TSE

~~, ‘.

ALD THE HUA: BODY

COSIRVE Bur A DESIRABLE THING £5 WELL.

15 TO SOME DEGRLTZT 15 SUNSUAL. Iti WAY

ULL PASCO

PERSUNAL OPINION, | WOULO SAY THAT OWE “WAS NOT MORE OR LESS

SENSUAL THAN THE OTHER, AID, IN THAT RESPECT, | CAH ONLY SPEAK

AS A LAY PERSUH. 1 CAH Olt SPEAI AS TO WHAT STRIKES Et AS

SEI-SUAL. ;

1 PERSONALLY Fill THE DAtICES Ar THE BODY SHOP LESS

THAN SOME FORMS OF BALLET I'VE SEEN,

SENSUAL, LESS AROUSING,

BECAUSE | PERSONALLY PREFL? SOMETHING THAT IhVOLYES MORE

SUPILETY OF MoE SOPHISTICATION Im ois PRESLITATION. THAT 4.

*#atpetrat "nv *f 0 08 OT + tee ee tee epee eee errs e+

———

—H« .

3 ist |

WHAT 1 PCPSONALLY RESPOND ©fO MORE,

Q SQ ARE YOU SAYING To US, It) EFFECT,

SEXUALITY 1S IN THE EYE OF THE BEHOLDER?

THEN, THAT THE

A YES, GECAUSE, IN BOTH CASES, THE PERFORMERS WERE *

DOING HOTHIiNG BUT DANCING.

Q NOW, 15 ART A FORM OF A HECESSITY?

MS. JAFFE:

I WOULD OtvECT. T's --

WR. HERTZECRG: I'LL WITHORAW IT.

THE HEARING OFFICER: 1 DION'T HEAR ALL THE QUESTION.

MR. WERTZBENG: {f'LL START OVER.

Q WOULD YOU COMPARE THE COMMUNICATIVE ASPECTS, IF You

CAN, BETWEEN THE DANCE AT THE BODY SHOP 97; ONE HAND ANO THE

BALLETS OF WHICH YOU SPOKE oF ON THE OTHER HAND?

A I'VC ALREADY MET LONTO OWL PART OF THE COMM

ASPECT, AID ©

HICATIVE

FRAT IS THC ComMUMICATION OF THE SEAUTY OF THE

HUMAH BODY, THE PLEASURE A SPECTATOR TAKES It! WATCHING THE

HUMAS) BODY IIi MOTION To MUSIC.

THE OTHE® ASPECT OF CoMmMUNIC.-

TION, WHICH wOULD TaKKC PLACT It COT: IUSIANCES, WOULD YE THE

FACT THAT fHEME 15 A PLPFORHER WHO If A HUMAN BEING AND WHO is

RCLATING O1eLCTLY TO at AUQITCHCE.

IM OTHL® WORDS, EACH PERFORMER BRINGS WITH HIM TO

VARYING DCGNEES HIS OW ERCRGY, HIS ON VITALITY, ANO THAT 15

WHAT RE COMM"NIECAILS To Sly AVDICMEE. HE COMMUL.ICATES His

WARITH, WIS EXUBOCR ANCE.

Q 1S THE DANCE HORMALLY DESIGNED To DISPLAY RATHER

THAN TO CONCEAL THE BODY?

A Yes.

Q DLET WAT A LiTTLL BIT HoKc, FF YoU CAD.

aie ek =

oe tk ee

152

A WELL, | SATO LATLICR THar BALLET HAS ALWAYS PBcEn

SCANTILY CLAD FoR THAT RLASON,

A BALLERINA WILL ORAW HER HAIR UP ON TOP OF HER HEAD TO REVEAL

THE LINES OF HER HECK AND SHOULDERS. ° “

eit CLASSICAL SALLET, LEOQTARDS ARE WORT TO DISPLAY THE

LINES OF THE BODY.

Q YOU HAVE CROUGHT WITH YOU SOME PICTURES OF SOME

MODERN BALLETS IN THE NUDE?

A YES. | .

Q “HICH MOULD CE COMPARACLE FROM THE STANOPOINT OF

EXPOSURE OF THE BODY TO THE SHOWS AT THE BODY SHOP?

A YES.

Q OR DISPLAY OF THE BODY?

A ~ VES.

2 COULD YOU HAMIL = THOSE?

A 1 HAVE THEM HERE. SHALL I DESCRICE THEM?

Q | MAVE TO SHOW COUNSEL.

CAN Ki TARE A FIVE-Mimyte RCCCSS WHILE SHE'S --

MS. JAVVE: WELL, THIS 15 GOING TO TAKE A COUPLE oF

SECONDS.

AR. HERTZBERG: OH.

THE WITNESS: THEY'RE IDENTIFIED Ot! THE REVERSE SIDE IF

THEY ARE NET LDCUTIFIED Of: THE FACE.

THE PARTING GY IGER: ALL RIGHT. LET'S PROCLED.

WS. JAFFE: WE HOW INFORMS ME THERE 15S SOMETHING ON THE

REVERSE SINE, SO I'D LIKE TO LOOK AT IT.

CATT tem to ftw le, *O OF 08° fer ee ee Oteee O78 Oe Oem, 8 nerpee

———— or ee me

THIS == CVEN IN CLASSICAL CALLE,

“FOLLOWING PROCCEDINGS WERT HAD:)

BY BR. HCRT/ BERG:

Q [ SiON YOU HERE -- I'LL TAKE THEM ONE AT A TIME, IF

YOU DON'T MIND, WHAT APPEARS TO GE MARKED 1-8 FOR IDENTIFICATIO

AND ASK YOU WHAT THAT OEPICTS? ~

MS. JAFFE: WELL, MAY I INTERPOSE AT THIS TIME -- PERHAPS

THERE CAM BE All AGREEMENT TO OCVIATE THE NECESSITY OF GOING

OVER THEM OLE CY ONE.

THE WITNESS: ESPECIALLY OUT OF oRDCR.

MS. JAFFE: ESPECIALLY OUT OF ORDER.

MR. HWERTZECRG: WCLL, HERE --

MS. JAFFE: COULO I INTERRUPT AND PERHAPS WE COULD DISCUSS

OFF THE RECORD A POSSIELE STIPULATION Ol! THESE?

THE HEARING OFFICER: ALL RIGHT.

COFF-THE-RECORD DISCUSSION, AFTER WHICH THE

BY. MR. HCRTZCERG:

Q YOU HAYE RCFORE YOU A NUNGES OF PICTURES, MISS

CHASC. WHET ARC THESE PISOTURES OF?

h THEY'RE PICTURES OF VARIOUS DAIICE PERFORMANCES,

CONTEMPORARY DATICC PERFORMANCES, GALLET At! MODERN DANCE.

Q Im YOUR OPINION, DO THCY ACCURATELY OEPICT THE

DANCE THEY HITCH: TO?

h ws. |

Q AND ARE THESE THE DANCES OF WHICH YoU SFOKE ON

DIRECT EXAMINATIO:?

KY.

Q Wm OTe WORDL, TOU RLFLERED (9 THLSO! UAICELS?

teAterte® © fete ff el i ed ih te ee ee el el de id

—- - _ — ee - =

‘.

A 725.

Q AUB DO THESC PICTURES DEPICT THE SCANTILY-CLAO

IHOIVIDUAL SHOWING THEIR PRIVATES ANID ET CUTERA?

A YES, FOR EXAMPLE, WE SPOKE OF "OH, CALCUTTA". s

WS. JAFFE: 1 OCJECT. THE EYAMPLE IS GOING CCYOND THE

Scot: OF THE QUESTION, T GELIEVE.- 1 BELIEVE THE PICTURES WILL

SPEAK FOR THEMSELVES IF THEY --

MR. HERTZUCRG: 1§°M LAYING A FOUMDATION.

MS. JAFFE: ALL RIGHT.

I'LL SUCHIT NY GSYVECTION TO A

RULING.

THE HEARING OFFICER: OVERRULED.

AS TO WHICH ONES THEY DEPICT.

HC°S LAYING A FOUNDATION

SHE TESTIFIED AS TO VARIOUS --

"OH, CALCUTTA" AtiD SUCH. THESE REFCR TO THEM, 1 ASSUML.

BY MR. HERTIOCRG:

Q — —S EACH PICTURE MARKED WITH THe VARIOUS BALLET?

A NOT EACH PICTURE. THIS GROUP, FOR EXAKPLE, IS A

GROUP OF PICTURES TAKEN FRer PERFORMANCES OF

"OH, CALCUTTA",

THIS ENTIRE GROUP. 7

‘) COULD YOU HARK THAT AS *& GROUP ATID WE CAt 77RHAPS

PUT STAPLES INTO THAT GROUP.

A fWITHESS MARKS AND STAPLES GroUP OF PICTURES.)

Q ow, WHAT OTHER? |

h WAIT A MIMUIC. “OM, CALCUTTA".

Q WHAT OTHER GROUPS ARE THERE OF THE “4

THIS GROUP OF PICTURES IS FROM THE NATIONAL DANCE

COMPANY OF LEMEGAL, AMD TL MAPK THAT fib STAPLE THEE,

qQ eit RIGHT, WHATTS Tit, HATIONAL DANIEL COMPAIYC OF

TTT OTOR Etats **

SENEGAL?

A A MODLRIE BALLET Troupe -.

Q On,

A ~~ FROM SENCGAL., THESE FOUR PICTURES ARE FROM

PERFORMANCES OF VARTOUS MONLRIH GALLETS uv CRICK HAWKINS, THE

AMER ICAL CHORCOGRAPHER,

Q THe FAMOUS CHORLCOGRAPHER?

A ves,

Q ANO ARE THOSE It THE NUOR?

A YES, NUOR AND SeMt-nuor.

Q DO YOU HAVE SOMETHING THERE FROM A NUDE BALLET on

TELEVISION? |

A THIS IS All ARTICLE REGARDING THE ALWIN NIKOLAIS ONG-

MOUR TELEVISTON SPECIAL THAT 1 RCFERRED TO Itt WHICH THE DANCERS

WERE HUDDLE AND TELEVISED.

Q OKAY. WOULD YOU MARK THAT?

A CWITNESS COMPLILS.)

IMIS 1S A GROUP OF PleruRRS or THE NETHERLANDS

CALLET th Preroanance. reese ARC MAPKID,

Q WOULD YOU TELL US ARE THOSE -. ALL or THOSE /ARTOUS

BALLETS PLAYCO Iti MAYOR CITIES It THC UNITED STATES?

A YES.

9) ALL MAIOP CITINS?

A AS FAR AS b MNOW, TES. THEY HAVE ALL << ALL or 7

ONCS HERE HAVE PLAYEO AT U.C.L.A. WETH Th EXCEPT aH OF "OH,

CALCUTTA",

THESE ARC PHOTOGRAPHS FROM A MODERN VANCE REVIEW

AT TM ViLi Gt OF tk ti tt roe ‘ALILD MET AY Pore eumen,

—_——-- 0S =———— ee we ee ” .

ee eeretee et tw oe eee ce ee ee) ee | et tee ee

2°

156

THES 9S THE JOrPREY BALLET ti tnew YORK CITY,

AND THESE ARC CACH LAUELLED. THEY'RE GACH PICTURES

OF PERFORMANCES AY TWO SMALL CAPCRIMCNTAL MOOCRY DANCE ORGANIZA

TIONS, One OF THE CHORCOGRAPHED BY ROBERT witson ANO THE OTHER

BY BRIAN Me DONALD tM New Yorn,

Q AND ARL THOSE ALL TYPICAL OF BALLETS PLAYING IN THE

UNITED STATES TODAY?

A ves,

WR. HERTZCERG: I'LL OFFER THEM ALL AS ONE GROUP EXHIDOIT,

NO. 2, RESPONDENT'S 2 In EvivENce,

MS. JAFFE: ALL RIGHT. | OBYVEST TO THEIR ADMISSION ON

THE GROUND THAT THEY'RE IMMATERIAL ANID IRRELEVANT INSOFAR AS

THEY DO NOT DEPICT PERFORMANCES IN A PUBLIC PREMISES, A TAVERN

OR A BAR, LUT DEPICT BALLET Grours wHten ARC OLrFERENT Ato

DISTINGT FROM WHAT TS MENTIONcO In TH LA PuE DECISION,

LA RUE OPAWS THE LINE BETWEEN SCANTILY=CLAD BALLET

TROUPES. COUNSEL IS OFFERING THESE TO PROVE WHAT GOES on IN

THEATERS ANY OTHE® SUE PERFORMANCES, ANIO 1 SUCMIT THAT THEY'RE!

IMMATCRIAL ANU IRPELEVAUT Of THAT BASIS.

THE WITHESS: ARE TOU FAMILIAR «-

MS. JAFFE: yuST A moment,

MR. WOR TZUENG: PLEASE.

THE HOARING OFF TOERS ET THe ATTORNEYS ARGUE.

mie wihorss: F'n soRRe, |

MR. HERTZBERG: 1'M OFFERING THESE To sHow THAT THE

COHOUCT BEING COMPLAINED OF IN THIS DISCIPLINARY PROCECOING 1s

NO OIFFERCIHT THAN THE CONDUCT 111 THD SCANTILY=CLAD BALLETS,

RIGHE GOW THE Mitwee tt oA RUL, Al THIS TS DIRECT EVIiOLUGE oF

feeerseee es teem ae OOOO tee ne ‘ eee we soe

— ae ae 2 a me

THE SU=CALLI.D SCANTILY<CLAD BALLETS.

THIS

ANL MADE AL! THC COMPAR ISOIS, AND NOW we 'vE

1 CAN'T SCC WHAT THE OMYVECTION IS,

MS. JAFFE:

7 ‘4 HOT GOING TO REPCAT IT AS TO WHAT INTERPRETATION SHOULD OF

GIVEN TO THE FINDINGS Itt LA RUE On rns PONT,

DISTINCTION BETWEEN THE TWO, ANO HE'S ATTEMPTING TO OFFER THESE

PHOTOGRAPHS OF CALLET GROUPS wHICH ARC, BY THE FACT THAT THEY

ARE BALLET GROUPS AND NOT PERFORMATICES It A PUCLIC PREMISES,

IMMATERIAL AHO IRRELCVANT ANID OO NOT TEND TO PROVE OR DISPROVE

ANY OF THE IS5SUCS In THe ACCUSATION,

MAKE REFERENCE TO MY PREVIOUS ARGUMENT.

THE HEARING OFFICER:

BACK TO THLE RESPECTIVE OPINIONS OF LA RUE AND GOLS BACK TO MY

ORIGINAL RULING,

1 WILL MARK THEM FOR TOENTIFICATION,

ING THEM FOR EVIOCNCE. I WILL MARK THEM FOR

AUD RESERVE RULING OCPENOING OM <= UWITIL APTOR ALL

MS. JAETIDS ALL RIGHT. THAIK YoU,

THE WEARING OFFICER: THEY WILL BE RECEIVED

FOR IOCNTIFICATION AS B OR I-6.

CTHE SAID CE ZNIBIT WAS MARKED

'S CYMIBIT B

RESPOHDLT

FOR

THE WEINE SS: MAY T ADD A “ORD oF

GROUP OF PHOTOGRAPHS?

HY "IR, THRI/SBERE:

) WELL. TLE ASK YOU A Quistion,

PATTER ttm one Pe eee ee? ee ee

——+ = = =~. =

WETHESS HAS TESTIFILb

GOT THE PICTURES.

WELL, I HAVE PREVIOUSLY MADE MY ARGUMENT, ANO’

THAT THERE 1S A

ANID T'LL SUBMIT IT AND

THAT GOES BACK TO LA RUE AND GOES

IDCHTIFICATION

IOLNT IFICATION, >

LYULAHATION AGOUT THI.

MAY 1

}57

YOU ARC OFFER-

COLLCCTIVLULY

‘

THE TESTIMONI,

ha | cASr HAVEL A

‘

see eee

—_ = —— =

WORD OF Lin AUAT ION ABOUT Hts CROWD ..

A THAI. You,

MS. JAFFE: weLL,

1 OGVCCT, AND [I'm NOT EVEN GOING TO.

BOTHER TO STATE THE

GROUNOS oF OBJECTION,

1 THINK IT's Quite CLEAR ANDO APPARLHT,

THE WHINCSS: SOME OF THESE «.

WS, JAFFE: NO, JUST A MOMCNT,

THE NEARING OFFICER:

THE QUESTION 15 -. 7)

PLCASE,

THERE 1S AN OBUECTION,

LL SUSTAIN THE OBUCCTION.

AND I THINK

MR. HEETZ BERG:

I'LL ASK YoU ANOTHER QUESTION,

NS. JAFFE; RIGHT,

ALL.

BY MR. HERTZBERG:

) WITH REGARO TO THAT LAST Grou

P YOU REFERRED TO,

WOULD YOU Ly PLaAty A LITTLE ort FURTHER AUOUT WHAT THEY ARE

DOING?

MS. JAFFE: OBJECTION, BROAD AtIO ANBIGUOUS, | OGJCCT,

COULD wh WALT, MLULASE, roy THE “SEARIIG Uy ricer Ty RULE URFORE a

THE WAR Lhe WwRICKS: YES, Ut'ut. SUSTAIN THE OBJECTION,

MS. JARITE: MAG yey,

MR. HERTZBERG:

1'O LIKE To APPROACH THE WITNESS,

MS. JAPPRE: ARE WE GOING To 4

AVE All AFTERHOOH RECCSS5?

THE tw iis, one oe HOPE ULL,

WR, 20M, Hay 1 AUP ROACH THE Wi THCESS?

THE WLARING OFFICER: WELL, 09 YOU WANT A RECdSS NOW?

MS. JATFE: yes,

THE HEARING OFFICER:

RICLSS thw,

ALL RIGHT, LET'S TAKE a” TEN@Hitnunt

ee — en

Wrerereag tue Ly

“- =e «* —_—-

O00 08 Fee cee °° , debdhe -a@eOets wes es «

. 149

CWHEPEUPON A SHORT PITCESS WAS TAKCH, ACTOR wihtcw

THE FOLLOWING PROCEEDINGS WERE HAD:

THE HEARING OFFICER: YOU MAY PROCEED.:

CY MR. HEPT/uERG:

Q WISS CHASE, It THOSE VARIOUS PICTURES REFERRED To

AND MARKO 2 FOR IDENTIFICATION IN EVIDENCE, RESPONDENT'S 2,

THE ~~ |

THE HEARING OFFICER: 8,

CY MR. HERTYSOCRG:

Q RESPONOCNT'S G, WHERE DIO THOSE VARIOUS DANCES OR

_ BALLETS TAKE PLACE, IF YOU CAN TELL US?

A MOST OF THEM «= MOST OF THESE GROUPS AtiD GROUPS

‘SIMILAR TO THEM, MOOERH EXPERIMENTAL COMPAHIOS, MODERI DANCE

COMPAMLES, WAVE TAKEN PLACE CVERYWHERE, It! EUROPE, IN THE

VNTTED STATES, INhOORS, OUTDOORS, It CELLARS, IM ATTICS, IM

BARNS, IM FSTAGLISINGENTS WHICH = ACCORDING TO YOUR TASTL = YoU

COULD VARIONSLY CALL NIGHTCLUBS, BARE, [HIS, PLEASURE PALACES,

THCATERS, CUNCCHT HALLS, AVOITORIA, THEY HAVE TAKEN PLACE ALL

OVER.

THIS PARTICULAR GROUP THAT WAS RIGHT OK TOP TOOK

PLACE It

THESE PHO TOGRAPIIC AT THE VILLAGE GATE It ew YORK,

WHI TS AM LOTADLISHMCIE WHICH SERVES ALCOHOLIC GEVERAGES

DURING THE PCRFORMANCC,

MS. JAFFE: ALL RIGHT. ON THIS BASIS AND CONSIDERING THE

LAGE STATLILIIT OF THE WITHESS, | WOULO FURTHER OWULET TU THE

PHOTOGRAPIIG THAT WIL TELU UP AS BOING Tit ont RLLATIVE TO A

‘re cetetee te Fee +0 00 C0 Os toe te fe Ott le ew tee

160

Ly TO SELL ALCOHOLIC CEVERAGCS on ADDITIONAL,

GROUVIIOS AND THAT BEING THAT THIS

PREMISES LIchiys

IS WITHIN THE JURISDICTION OF

NEW YORK, AHD THEIR REGULATIONS AS TO WHAT IS PERMAITTEO IN

LICENSED PREMISES IS NOT CONTROLLING UPON THE CALIFORNIA REGU-

LATIONS AND, ALSO, THAT THERE 1S 10 SHOWING THAT THE LOCATION

IH EW YORK OPLRATLO 111 A MANILR SIMILAR TO THE BODY SHOP,

THE HCARING OFFICER: 1 THINK WC'RE COMPARING DANCE IN.

GENERAL TO THE Cony SHOP, AND WHILE SHE OIO MENTION IT WAS A

LICENSED ESTADLISHMENT, 1 THINK THAT I'M AWARE OF THE VARIOUS

VAST OIFFCRENCES BETWCEN OTHER VURISDICTION'S VERSIONS oF

LICENSCO ESTALLISHMENTS. In CALIFORNIA,

1 THINK WE ARE GASICALLY COMPARING DANCE, MOOCRN

DANCE, VERSUS THE DANCES AS PERFORMED AT THE GOODY SHOP. P'ue

OVERRULE Your GuuteETion,

YOUR

WR, HWERTZBERG: WITNESS.

CROSS EXAMINATION

BY HS. JAPEL:

0 ALL tee,

RELATIVE TO THE PEM PoORMAICE

In NCW YORK

Ali) OW TELEVIGIGH, WAS THAT ON & CLOSCO-CIRCUIT TELEVISION

CHANNEL, OF WAS IT Ol AN COUCATIONAL TELEVISION CHAMICL, OR WAS

IT OM THE PUBLIC, FEORRALLY-LICCHSED COnMUNICATION CHANCEL?

A P.B.S., PUULIC BROADCASTING SYSTEM,

Q AHO VO TOU Khiew WHETHER OR HOt THERE WAS All ADMOIII}-

THON AT THE BEGINNING OF THE PERFORMANCE THAT THE DANCERS WOULD

BE DANCING IM THE NUDE?

A 1 DON'T KiOW THAT. | CAL GCHier THE ARTICLE TO Fitw

Tit ALISWER FO THAT,

ne ~~

ALAA. i | ee

—_-_—_ ————_— -

"O08 08 + 008 te tee e tebe ane i

‘ —- -«

ee ee ee ee eee - ‘ i ow@ip G0 @ -+ 6 die,

e | inn | @ . — | “152 |

: 9 AT THIS FINE, YoU DO HOt KHOW MI THER OR NOT TH ' | GALLET. WERE Pik COMMUNICATIVE ASPECTS OF THESE DANCES BEING

7°] AUDIENCE WAS FORCWARHEO AS To THIS IN THE EVENT THAT SOME . BASED UPON THE PERSONAL REACTION OF THE PATRON-OGSERVER?

. PERSONS MAY DC OFFCNOECD CY THE PERFORMANCE? | Jee 3 ° A 1 DON'T UNDERSTAND. .

e A 1 THINK THE ANSWER 1S IM THE ARTICLE, If. You'o Line ’ = ALL RIGHT. IS IT TRUE THAT WHETHER OR NOT As PERSOH

' ME TO CHECK. ey ere ® | DETERMINES THE ComMUMICATION VALUE OF A DANCE BASED UPCHY THEIR

- Q I'M ASKING YOUR KNOWLEDGE. Ry 8 . PCRSONAL PREFCRENCES AMD YALUES?

é A | OOH'T OFFHAND KNOW. 1'O HAVE TO REFRESH MY Memory, @ | A COMMUNICATION 1S SOMETHING THAT TAKES PLACE BCTWCLIN

. Q HAVE YOU AT ANY TIME EVER COME ACROSS ANY PERSONS e TWO PCOPLE. IT CAN'T ALL SE WITHIN ONE PERSON OR THE OTHER.

4 WHO WERE OFFCHOCD BY THE DISPLAY OF PRIVATE PARTS IN PUBLIC? _ de | Q CAM YOU ANSWER THE QUESTION? |

” A I'M HOT SURE 1 UNDERSTANIO WHAT ~~ 1o A WELL, MY ANSWER -- WOULD YOU REPHRASEC IT?

@ Q WAVE YOU EVCR COME ACROSS PCRSONS WHO WERE OF FENOCU b- ? MS. JAFFE: ALL RIGHT. couLo { REQUEST THAT THE QUESTION

ad A YOU MEAN IN PUBLIC, OUTDOORS, OR IN A ~~ 2 | BE READ BACK TO THE WITNESS? |

3 Q WELL, LET'S LIMIT IT THEM TO DANCES. HAVE You EVER Bb THE HEARING OFFICER: WOULD YOU PLEASE RE-READ THE QUES-

e COME ACROSS PLESONS WHO WEEE OF FENDED BY THE DISPLAY or PRIVATE r TION?

a PARTS It) DAIICES? s CfHE QUESTION WAS READ GY THE REPORTER.)

“ A THEY WOULON'T HAVE GBCEN TO THC DANCE IF THEY weRe. “ THE WITHESS: 1 DON'T UNDERSTAND THE QUESTION.

od Q I'M ASKING == "

¢ h I'M SAYING HO, 1 HAVEIITT, @ | cy ws. JAFFE:

» Q (OU HAVE HEVE® COME ACKUS® ATONE WHO WAS OFFENOtN ” Q 1S IT TRYE THAT A PCRSON WILL DETERMINE WHETHER OR

. CY THIS? ™” NOT A DANCE TAS A COMMUNICATIVE VALUE GBASCO Urol THE OLSERVER'S

n A AT A CANCE PERFORMANCE? ; é PERSONAL PREFERENCES AND VALUES?

®. Q AT A DANCE PERFORMATICC. mn A 1 STILL DO'T UNOLRSTAND IT. %&t COULD CAPLAII WHAG

a A Ho. } a” iT 15 SPECIFICALLY THAT 1 DON'T UNDERSTAMD.

oe ALL HIGH. MAY YEU QUESTIONED THE AUDIENEE TO 2 Q ALL RIGHT, YOU TESTIFICD RELATIVE TO THE CSTHETIC

™ A | HAVE HOT. . ™ A 1 DID NOT MAKE ANY ESTHETIC JUDGMENTS.

7 ) OU RIGHT. iow, You Test Ir ity RELATIVE TO THE an Q | ALL RIGHT. BIT YOU TESTIFY THAT CERTAIN DAIICES HAVE

™ CUMANIICATIVE ASPLETS OF FIC DANCE AT THE BODY SUF AND THAI OF; om ESTHETIC VALUES? |

e tries ee be

@ F bs

' h YS.

2 Q ALL RIGHT. 01D YOU MAKE THE CotcLUSION BASED UPON

3 | YOUR PERSONAL VALUES AND EXPERIENCES? . .

S , |

“YOU ALREADY ASKED ME THAT QUESTION, AND | ANSWERED

s IT CARLIER. |

ad Se DID YOU -- WELL, THIS IS CROSS EXAMINATION. I WILL

é PUT THE QUESTION TO YOU AGAIN. DID YOU TESTIFY THAT DANCES HAD

AN ESTHETIC VALUE GASED UPON YOUR PERSONAL EXPERIENCES AND

9 VALUES?

a A C8 THAT AND, IM AODITION, THE EXPERIENCES AND VALUCS

% OF THE THEATCR COMMUNITY WHICH I HAVE SUPVEYED ANO RESEARCHED.

12 Q ALL’: RIGHT. WOULD YOU SAY IT IS CORRECT THAT A PER-

SON WHO OBSERVES A DANCE EVALUATES ITS COMMUNICATIVE VALUE

é CALED UPON THE GRSERVER'S PERSONAL C¥PERICHCE AKO VALUES?

a Q ves.

a. A Ycs.

@. Q THAHK YOU.

A IF | UNDERSTOOD THAT.

™ Q ALL RIGHT. tow, PLEASC IMDICATC IF YOU DON'T UNDER-

e STANIO THE QUESTION.

2 NOW, IT 1S TRUE THAT MOST OF THE THEATERS THAT You

HAVC THE ILLUSTRATIONS FROM, WHICH ZR MARKED FOR IOCHTIFICATIO

sd] AS RESPONLEIT'S CXUIBIT &, ARE OPERATED PRIBARILY AS THCATCRS

e {0 NOT AS BARS AND TAVERIIS? ra |

*" A THESE ARE NOT THEATERS. THEY ARE THEATRICAL GRours

7 | WHICH PERFORIS Im VARIOUS ESTABLISHECHTS.

r 0 ALD THU PRIMARY PURPOSE OF TH SE ESTABLISHMENTS IS Th

164

PRESENT THEATRICAL PERFoRAcEs?

A NOT ALL OF THEM. SOME OF THEM. FOR EXAMPLE, THEY

HAVE PERFORMCO IN LECTURE HALLS.

Q 2 ALL RIGHT.

A THE PRIMARY PURPOSC OF THE LECTURE HALL IS To

PRESENT LECTURES. | |

Q ALL RIGHT. WOULD YOU SAY IT IS TRUE THAT THE

MAJORITY OF THE LOCATIONS FROM WHICH THESE ILLUSTRATIONS WERE

TAKEN WERE OPERATED AS A PLACE WHEREIN AT THE TIME OF THEIR

PERFORMANCE THE PRIMARY FUrCT ION WAS, It FACT, TO PRESENT THIS

PERFORMAIICE AND NOTHING ELSE? :

A No.

Q ALL RIGHT. OO YOU KNOW WHETHER OR NOT THERE IS

DIFFERENT LICLUSING REQUIREMENTS FOR A THCATER &S OPPOSED Te A

TAVERN?

‘

A nO, I DO NOT.

Q DID YOU ASK ANY OF THE PERFORMERS THAT YOU OBSERVED

1) THE BOOY Sitor VHETHER OR HOT THEY HAO AnY FORMAL TRAINING

IM DANCE?

A eAS TOLD THE CACKGROWIVD Or Some OF fHE PERFORMC'S.

1 THINK THAT WAS IN RESPONSE TO A QUESTION OF MINE, BUT IT MAY

HAYE JUST GLEN VOLUNTEERED. Ae

! pon'sr PFMNECBBER. 1T ws GVER A YEAR AGO.

Q ALL REGHIT. peri ron, 3

plo You see ant MovenenT -- sraine THAT | ARE YOU

FAMILIAR WITH THE TERM "BUMP AID GRIND"?

A ws, 1 AM,

0 AND DUIS THAT 81° OME ASSUCIATED PRIMARILY with $0-

iP)

: 16s

CALLED BURLESON LHTER TALE?

A It COMMON PAPLA: ICE, YES.

Q AND YO" ARE FAMILIAR WITH THE MOVEMENTS THAT GO IM

TC MAKE UP THE SO-CALLED BUMP AND GRIND?

A 12S, 1 ARS ee

Q pip 70°) SEE Atty MOVEMCHTS THAT WERE THE SAME AS oR

SIMILAR TO THE CUIiP ANID GRIND IN THE PERFORMANCES THAT You

OBSERVED AT THE BODY SHOP? |

A Yes. 3 |

Q AND DID ALL THE PERFORMERS AT ONE-TIME OR ANOTHER

IN THE CODY SHOP DEMONSTRATE A CUMP AND GRIND?

A MAY | GE ALLOWED TO DEFINE -- GIVE MY DEFINITION so

WE KNOW WE ARE SPEAKING OF THE SAME THING?

@ YES. WOULD YOU ANSKER NY QUESTION FIEST?

h WOULD YOU REPEAT THE Question?

Q DID ALL THE DANCERS THAT You OBSERVED IN THE BoDY -

SHOP AT ONE TIME oR AHOTHER OEMONSTRATE 8Y THEIR MOVEMENTS wnat

IS SO-CALLED AS A BUMP AUD GRIND? -

A TO SOME DEGREE, BORE OR LESS, YES AD HO.

Q COULD TOU WISWER THE Question?

1 CAN'T ANSWER IT WITH A SIMPLE YES OR NO.

WR. HERTZBERG: THE WITNESS WANTS TO EXPLAIN HER AtiSwer.

t T:ism --

WS. MAF ED ALL KIOGME.

THE WITHESS: WECAUSE OF THE NATURE OF THE DEFINITION --

BY "SS. JAFIL:

Q ALL PIIT. JUST A MOMENT, PEt ASL. MEULD GU DLE IME

_—- —-= =

ee oe eee. eee —— + + -< ~eeree. « > ee ome ae + ce ee «oe ae +s

HOW BUMP AND GR Iti?

IT!

IN THE BODY SHOP, FOR EXAMPLE.

THRUST OF THE PELVIS.

THOSE MOVEMENTS?

A HOT CONSECUTIVCLY AS You DESCRIVED, no.

THE COURSE OF DANCING,

THEIR MOTIONS THEY HAPPENED TO HAVE THEI2

UNDER SUBSTANTIALLY DIMMED LIGHTS?

A Hf),

y DID te SLE ALL OLeronwacns ot "ATE?

DID YOU SEE THE DANCERS IN THE BODY SHOP PERFORM

JUST If

‘

THEY ROTATED THEIR HIPS AND SOME OF

> =,

1L6

A GRIND IS SIMPLY A CIRCULAR ROTATION OF THE HIPS,

S FOUND Ili ALL OF THESE DANCE GROUPS AS WELL AS, THE DANCERS |

NOW, BUMP IS SIMPLY A FORWARD

PELVIS THRUST FOR-

WARD.

| Q ALL RIGHT. “at's TRUE THAT “ott, CALCUTTA", TG YOUR

KHOWLCOGE, WAS NOL PERFURNTO In A EnR?

h 1 DON'T KHOW THAT THAT'S TRUc.

Q ALL RIGHT. IS IT TRUE THAT Tite NUDE SCCHE It "HAIR"

LASTILG APPHOZIMATLLY THENTY SeconDs?

h ny. ,

Q 13 JT TRUE THAT THE tiuDc scien "HAIR WAS DONE

Q HOW, ARE THESE TWO MOvVENCHTS SOMETIMES DONE ONE

RIGHT AFTER THE OTHER?

A ——sE_:*DON'T KHOW. ;

q ARE THEY SOMETIMES?

A THEY COULD BE. THEY COULD ac.

Q ARE THEY DONE THAT WAY IN BURLESQUE?

A 1 DON'T KNOW THAT I've EVER sceN CLASSICAL BURLESQUE].

oe tel

AQUARIUS THEATER?

JOFFREY BALLET PEPFORMED IN! ANY CARS?

th7

A mo.

Q DIO YOU SEC THE PERFORMANCE It! LOS ANGELES AT THE

A HO. ; em, ts:

Q “THEN YOU. DON'T KHOW WHETHER OR HOT THOSE PERFORMANCES

INCLUDED A VERY DIMLY LIGHTED STAGE ANID A TWENTY-SECOND, OR

APPROXIMATELY TWENTY-SECOND, MUDE SCENE?

A I SAW SPOTS FROM THE PERFORMANCES ON TELEVISION.

Q AND -- ALL RIGHT. FINE. THANK YOU. WOW, WAS THIS

A 1 OON'T KHOW THE ANSWER TO THAT.

Q HOw, You STATED CERTAIN REMARKS REGARDING A MR.

NIKOLAIS.

A HITKOLATS.

Q MIKGLAIS, THAME YOU. AMO YO") STATCD THAT MR.

WIKOLAIS SOMETIMCS USCO COSTUMES II! HIS PERFORMANCES. YOU MADE

REFERENCE TG COSTUMING A PERFORMER AS A BOTTLE, OR SOMETHING

OF THIS SorT? 7

A AU OBIDET.

Q OP AN GRIJECT, IF YOU PLEASE.

ALL RIGHT. ODIO THE COSTUMES THAT HE USED COVER THE

PRIVATE PARTS Ot THOSE OCCASIONS?

A SORE OF THE PEPFORMERS It THOSE OCCASIONS WORE NUDE.

OT AS VEEL COSTED AS OV IJCCTS.

Q DID MR. HIKOLAIS IN CALIFORNIA EVER PRESENT H1S

rel

PRODUCTIONS IN BARS?

A 1 DON'T KNOW THAT HE'S EVER PrrscntTty PRODUCTIONS

1th CAL TFORNIA,

i ee ee) ee | #8 08 08 + OF eee tee te Oe Ore eee tee. 68 ee pee *

-_— -—-+- -_- - ~-

pe lie a

TO REPHRASE.

ee ee oe ee ee te eee ee

_— “e+

Q 1S A rRUL THAT rE PERFORMANCES RELATIVE TO NUDITY

AND SEXUAL DISPLAYS IN EUROPE, AFRICA, AlID CERTAIN PARTS OF

ASIA, ARE DIFFERENT THAM WHAT IS GENERALLY PERFORMED IN THE

UNITED STATCS?

A WOULD YOU REPEAT THE QUESTION, PLEASE?

Q 1S IT TRUE THAT PERFORMANCES IN EUROPE, AFRICA, AND

CERTAIN PARTS OF ASIA, AtiD ALSO THE MIDDLE EAST, ARE DIFFERENT

FROM THE SEXUAL PERFORMANCES THAT ARE GIVCN IH THE UNITED STATES?

A WHAT IS A SEXUAL PERFORMANCE?

MS. JAFFE: MR. HEARING OFFICER, APPARENTLY THERE IS A

PROGLEM HERE WITH THE wITHESS. 1 WOULD REQUEST THAT IF SHE

DOCSN'T UNDERSTAND -THE QUESTION, SO INDICATE, AND I WILL ATTEMP

THE HLARING OFFICER:

IF YOU DON'T UNDERSTAND .THE QUEST‘ 3N

SAY -- ADVISE THI QUESTION THAT You 00 HGT YHOCRSTANO ALO WHAT

YOU LOH'T UNOERSTAND AGOUT IT.

—_——_— so wr

THE WITNESS: 1 DO NOT UNDERSTAID THE TERM “SEXUAL

PERFORMATCI" . IS THAT WMAT YOU SfAI1U?

CY M3. JARS:

Q ALL RIGHT. FINE.

YOU HAVE STUDIED IM THE SORBOIINIE, HAVE YOU NOT?

A wes.

iF NOW, O60 YOU FLD WT You wLeo in PARIS THAT THet.é

WAS A DIFFERENT STANDARD CF WHAT WAS ACCEPTACLE REUVATIVE TO

MUOITY If! PUBLIC IN PARIS AS OPPOSED TO WHAT YOU WOULD FINO IN,

LET'S SAY, ORANGE COUNTY?

A PRT (CO). TALKIN. ABOUT LEGAL DILi tieTiCNs?

dee. to ee

thy

0 1 MUST IN GEHRAL, 4n FE PERFORMANCE. 114 OTHER

WORDS, WOULD yyy SEC, FOR Exampre PISPLAYS IN PARIS Thay You

WOULD HOT SLE ty CALIFORNIA? ;

A 1 0ON'T THINK THe

PARIS THAT voy WOULD HoT ALSO Scr

ALSO SAY THAT THERE ARC

LIKE ORANGE COUNTY,

Q THEN IT 1S Your OP INTOr THAT WHAT 1S GENERALLY

ACCEPTEO It! PARIS Itt TCRMS oF ENTERTA Ihe T AllO THE DISPLAYS

ENTAILCO tl THe CUTERTAINMENT IN PARIS WOULD GE ACCOPTAGLE IN

CALIFORNIA»

A 1 DON'T KHOW, | HAVEN'T EXHAUSTIVELY RESEARCHED IT.

Q FINE, THEN You 09 NOT

KNOW IF THERE Is a DIFFERENT

STAHDARD IW CUuROPE RELATIVe TO PERFORMAIE ES AS OPPOSED TO

CALIFORNIA?

A I WOULD MAVE To

MR, HEPTZUERG:

SAY | OoN'T VHDOERSTAND THE QUESTION,

1 WAS GOING To OBvtcT, | DON'T UNDERSTAND

IT €ituer,

THE WITHESs;

ARE You TALKING AbOUT A

“OURTRILS OR MORALS

DIFFERENT LEVEL oF

TASTE UCTWhEY Fiat, On DIFP CkENT MORAL,

STRUCTURE OR WHAT?

BY Ms. VATE:

Q JUST WHAT Is ACCEPTARLE. y

A WCLL, LACH «- SOMETHING ACcEPTAgLE TO ME 1S NoT

ACCEPTABLE To You, , CAN'T ANSWER Thar. .

Q ALL RIGHT. 1 weoney PURSUE THAT ine FURTHER.

CONE ony . OVE TH ees ily Nori Aa Theis PON,

a eS ees ce

(CS, 1'M READY To PUT Typ NEXT QUESTION To THe

WITNESS. |

THE HARING OFFICER: CONTINUE,

BY MS, JAFFE;

Q HAVE You CVCR HAD Atiy EXPERIENCE IN PUTTING ON

PERFORMANCES IN BARS YOURSELF?

A YES, | Mave.

Q AND DID ANY OF THESE PCRFORMANCES INVOLVE NUDE

ENTERTAINMCHIT?

A YES,

Q ALL RIGHT. ANo ty WHAT BARS WERE THESE?

A | ACTED IN AN ADVISORY CAPACITY FOR PoTER Rooney IN

LOS ANGELES, WHO WAS DESIGHING ~ THEATER WHICH Some WOULD ALSO

CALL A BAR, BECAUSE HE WAS PLANNING TO SERVE ALCOHOLIC BEVERAGE

DURING Tie PERFORMANCE,

I AOVISED HIM AS To WHAT | THOUGHT WOULD GE any

APPROPR IAT) PIIYGTCAL STRUCTUPE FOR Tri

MIM AS

THEATER, 5 ALSO AVDVISED

TO Tie RULAT lOuSHIP

| APVisco Min THAT, tt my PERSONAL, OPO, TF VOULO ge BETTER

TO Serve ALCOHOL GETWECH THe PERFORMATICES RATHER THAN DURING

THE PERFORMATICES SHOW ING RESPCCT For THE

PERFORMANCE AND DEMONS TIAL Sa6 THAT te

SIMPLY AS A WAY OF

PERTORMANCE CAMC Fins

AWD VAS Tia FUNCTION oF “THE THEATER

PRIMARY SO AS HoT TO Dis.

TRACT ATTENTION FROM THE PERFORMANCE ,

bO You DISTINGUISH BETWELI A BAK AIO A THEATER?

bo | DISTINGUISH?

fe,

‘—. ce ee ome « ' + ee + .

—

OF THE ALCOHOL ANY THE ENTERTAINMENT),

1S A PLACE THAT SERVES ALCOHOLIC BEVERAGES.

A nO, HOT TH THE LARGE SENSE, HO.

Q IT'S TRUE THAT AT THE BODY SHOP ALCOHOLIC BEVERAGES

ARE SERVED CONTINUOUSLY?

A 1 == EXCUSE MC. I ANSWERED THAT LAST QUESTION

INCORRECTLY. TO MY UNDERSTAHOLIIG - ANIO 1 HAD TU GO TO

VICTIONARIES If ORDER TO FINO OUT. THE ANISWER TO THIS - A BAR

A BAR DOES NOT

NECESSARILY HAVE A STAGE.

Q 1S IT YOUR OPINION THAT THE MERE ADDITION OF A STAGE

TURNS A BAR INTO A THEATER?

A. NO.

Q IT 1S TRUE THAT AT THE BODY SHOP ALCOHOLIC BEVERAGES

TO YOUR KNOWLEDGE, ARE SERVED CONTINUOUSLY THROUGH THE PERFORM-

ANSE OF THE DANCERS?

A 1 BCLILVE 50,

Q DID YOU OBSERVE THIS WHEN YOU WERC THERE?

A ves.

Q WEPC YOU PAIO A FEC TO TESTIFY HERE TODAY?

A YUS.

Q AMO WEEE TOU PALO A FEE SOHTINGLHT UPON YOUR expert ik

In THC FIELD?

A { NOMN'T UNDERSTAND YOUR QUESTION.

iF] WELL, WAS YOUR FEC BASED It PART O11 TH FACT THAT

YOU HAVE A CLR TALL AMOUTT OF LYPLRTLCk Tb THE FILLO OF DATIC. ?

A. wes. ‘| :

Q AND WAS YOUR FLE IN CXCESS OF THE STATUTORY WITNESS

FC? |

A 1 PO Hof KHOW WHAT Tht SIATUTORY UITHLSS FLEE IS.

1/2

1 CAN'T Alrowiw THAT,

Q HAVE YOU APPEARED FOR THE RESPONDENT, PAUL RICHTER

AND ASSOCIATES, INC., IN OTHER CASES WHEREIN YOU TESTIFIED In ad

THE FIELO OF THEATER AND WERE == WAS PAID AN CXPERT WITNESS FEE

A 1 TESTIFICO CEFORE THE ALCOHOLIC BEVERAGE CONTROL

BOARD LAST EAR O1 DOECCMULR 20TH, RIGHT HERE IN THIS ROOM,

Q ‘ALL RIGHT. O10 YOU TESTIFY It FRONT OF ANY OTHER

TRIBUNALS FOR PAUL RICHTER ANID ASSOCIATES?

A "oO,

Q HAVE YOU EVER PERSONALLY OGSERVED AtIY NUDE DANCING

ON THE PUBLIC TELEVISION CHANNELS IN THC WHITED STATES?

A Ho.

Q 1S THC PICTURL WHICH 1S PART OF EXHIBIT C FCR

RESPONDENT FoR 1.0, RELATIVE TO THE TY SHOWING TIL ONLY [STANCE

THAT YOU KHOW OF THAT TIVOKE PERFORMERS APPEARKCO Of! AMERICAN

TELEVISION? )

A NO, | MAVE HCARO OF OTHER INSTANCES.

Q HOW MALY OTHER LHSTANCES HAVE YOU HEARD OF?

h VARIOUS STAGE PLAYS THAT HAVE WEKI REBROADCAST On

TELEVISION HAVE THVYOLYVED HUDITT. "MARAT-~SADE", FOR CAAMAPLE,

INVOLVES A PERFORMER GETTING UP «= I'M SORRY. VARIOUS STAGE

PLAYS THAT HAVE BEC REUROADCAST Ol TELEVISION FAVE INVOLVED

MUDITY, AMY IMESL «= “MARAT SADE" WAS <= YOU ASKLO ME FOR

IRSTANICLS. "MARAT «SADE™ £5 OFT TNSTAIICL ttl WitECH A PERFORMER,

1S TOTALLY fMOL,

IT WAS A MALE WALKING AWAY FROM THE CAMERA,

$O THERE WAS flO FRONTAL VICW, BUT YOU DID SEE TIC PERFORMER

rite, .

Q Ati) “ORAL «GADL”, TF GELILVE, MLELNS 10 A vlaTt

—

-——* = ee

se@nere fee we * a oe se ‘ee oot @

OC ees

, ~ __—

STRIKE THAT, , 1, 7"

«THE MMARAT=SADEL" PERFORMANCE WAS THI CLASSICAL Q NAVE You OLCSERVEO SO-CALLED ro

"MARAT=SADE" OF THE MARQUIS DE SADE THING? UNITED States? “ — sth

A OH, NO. IT'S THE FAMOUS STAGE PLAY BY BRITON'S A Yes,

PLAYWRIGHT PETE wise, 2 AND HAVE YOU ONstiveD AUY FOLK Banc iti

Q AUD THIS INVOLVED A PLAY ANID HOT A BAR? ‘nes STATES PeRFORNED I THE NUoE? mene

A PARDON ME? : A 10,

Q THES INVOLVED A PLAY AlID NOT A GAR? Q NAVE YOU OBStAVeD SQUARE DANCING IN

A YCS, IT WAS A PLAY, SrAres? ———

Q WOULD YOU SAY THAT HUDE DANICERS ARE UNUSUAL AS A ARE YOU REFERRING To AMERICAN FO

OPPOSED TO A COHMMUI! OCCURRENCE AMONG DANCE PERFORMANCES? Q Yes, “ne

A NO, 1 WOULD NOT. ‘ "ES, | HAVE OBSERVED squARE DANCING

Q WOULD YOU SAY THAT NUDE DAIICERS ARE COMMON 111 Q ALL RIGHT. HAVE yoy OBSERVED iicies DAI

eeneess Gtaneee YUITEO stares PERFORMED In THe Hun» 1CING IN THE

A YES, GUT HOT 11 THE CALLET OF THIS COUNTRY. A no,

Q ALL RIGHT. WELL, OKAY. LET ME QUALIFY THIS BY Q NAVE YOU OBSERVED Tap OANCING 11 THe

SAYING 1'M DIRECTING MY QUESTION TO THE UNITCO STATES. A VES, | ee

TH THE UNE TED STATES, WOULD YOU SAY THAT NUDE DANCERS Q NAVE YOU OBSERVED --

IM CLASSICAL BALLET ARE Common? A nu, |

A THERE 15 MOT TRADITION OF CLASSICAL BALLET It THE 0 WLC, UST THe FLCORO REFLECT THAT MY KEYT Our

UNITED STATES, WOULD HAVE BLEH HAYE YOU EVER OBSERVED Tap ean paliaice

Q ASSUMING THCRE WAS, TAKING 1IFO CONSTOCRATION THE IN THE VHIT ED STATES? — —

SAULER'S BALLET COMPALY ALU OTHERS << WELL, STRIKE THAT. A Tho, INE DAME Eg

’ ith ‘ SATISVIE UTIGI, ‘

MR. HERE ZOLRGS THANK YOU. YOU SATISFIED % Sc pediny ‘ MC RIGHT. 1 wouty ASK THe Next QUESTION,

ALL RIGHT, HOW, LET's SEC. oft ye COVERED so FA

BY MS. JAFTE: FOLK, SQUARE, BALLET ANO TAP DANCING. wuat ane *

Q OF .THE CLASSICAL BALLET PERFORMANCES THAT YOU HAVE CATEGORIES AP tps or DANCING ARC THiERE > —

SEU TH TH UIETED STATICS, DID TOU USGL, HYDE BALLET ns A COPEL DOT vig WELL. ean veus cites

bi eS one HIST Col PUL

e 23 2 e., > Cad

175

"y WELL, CAN YOU ANSWER?

I'M ASK, TI OULO FLOM tow,

A NO,

Q ALL RIGHT. NOW, LET ME AGAIN ASK YOU 15 IT TRUC

THAT IM THK UNITED STATES, EXCLUDINIG SO-CALLED MOVER DANCING,

THAT HUDE DANCING 16 UNUSUAL OR RARE AS OPPOSED TO COMMON? |

A HODDER DANCING 1S THE MAYOR FORM OF LDAHEL IN THE

UMITEO STATES, $0 1 COULON'T, UNDER ANIY CIRCUMSTANCES, CALL IT

UNUSUAL OR RARC.,

Q WELL, INCLUDING MODERN DANCING, THEI, AND OLRECTING

YOUR ATTENTION TO THE OTHER FORMS OF DATICING, COULD YOU TELL

US WHETHER OR HOT HUOE DATICING 15 RARE AS OPPOSED TO A COMMOI

OCCURRENCE?

A ARE YOU REFERRING TO COUNTRY-WIDE, INCLUDING

MIGKHSVILLE, IG CITIES?

Q ALL RIGHT. LET'S LIMIT THE QUESTION THEN TO

CALIFORNIA, ,

| A AT'S HOT AN UNUSUAL OCCURRENCE IN CALIFORNIA, NO.

0 ALL RIGHT. MY QUESTION 1S WOULD YOU TELL US,

CUSIOERING THE OLFFERENT FORMS OF OAUICIG, WHETHER OR HOT

NUDITY IH OACING 1S RARE AS OPPESED TO A COMMOT OCCURRCICE?

A | DOM'T UNOCRSTANO THE TERMS YOU'RE USING.

Q ALL RIGHT. 00 YOU KIHIOW WHAT THE MEATIING OF "RARE"

1s?

h YES. .

Q ALL RIGHT. 00 YOU KNOW WHAT THC MEANING OF "COMMON

OCCURRENCE” 1S?

A Us.

") ALL Rien, to «-

176

A 1 DON'T MOW YOUR FRAME OF REFERENCE AT ALL.

Q WELL, AGAIN, WE'RE IN AN UNUSUAL SITUATION WHERE I

FIND THE WITNESS QUESTIONING THE EXAMINER.

HOWEVER, ['LL TRY TO BE PATICHT.

THE HWLARING OFFICER: HO, SHE --- SHE INDICATCO SHE OILON'T

UNDERSTAND.

BY WS. JAFFE:

Q ALL RIGHT. WELL, LET ME TRY AGAIN. IN CALIFORNIA,

CONSIDERING ALL THE DIFFEREMT TYPES OF DATICING, IS IT TRUE THAT

NUOITY IN THE DANCE 1S RARE AS OPPOSED TO COMMON OR ORDINARY?

A IF YOU ARE REFERRING TO DANCES IN PUBLIC ESTABLISH-

MENTS --

Q YES, LET'S LIMIT IT TO PUBLIC ESTACLISHMENTS.

AD ‘AT HOMC, I DANCE AROUND iUDE A LOT, AID I ASSUME

MAYGE THE MAJORITY OF THE POPULATION DOES AT ONE TIME OR

ANOTHER. IT MAY SC EXTREMELY COMMON.

Q THIS IS ALL VERY

INTERESTING, GUT THE HOUR

[S GROW-

ING LATE.

WOULP YOU LIKE MY QUESTION REPVLCATED TO YOU?

A. YES. |

MS. JAFFE: COULD WE +HAVE THF REPORTCR READ RACK THE

QuL TT 1OI?

THE HEARING OFFICER: WOULD YO) READ THE QUESTION, PLEASE?

. , . 4 .

CTHE QUESTION WAS READ CY THE REPORTER.)

MR. HERTZBERG: I WILL OBVECT TO THE QUESTION ON THE

GROUNOS THAT IT'S AMBIGUOUS

“ade

TH, UM ARE THEE ECERS «WASH T Tit QUESTLON Et CALITEORUIA?

MS. JAFFE: yes.

THE HEARING OFFICER: | DION'T HEAR IT. READ BACK, BUT my

NOTES -- AS I UNDERSTAND 17 YOU WERE CONFINING if To CALI FORN

- MS. varre- YES

THE HEARING OFFICER: at RIGHT. You ogyecr>

MR. WERTZGERG: 1 oguecr.

IT'S AN AMBIGUOUS QUESTION.

OVERRULED. .

ALL RIGHT.

ANSWER IT, ANDO THat WOULD BE To

THE HEARING OFFICER:

THE WITNESS: THERE Is ONLY ONE way I CAN

IN PUBLIC PLACES,

CALIFORNIA, NUDE DANCING.

BY MS. yAFrcA

WOULD You TELL US How MANY Times YOU WERE aT THE

BODY SHOP?

A I WAS AT THE . BODY SHOP on ONE OCCASION.

Q ALL RIGHT. wow LONG DID YOU SPEND at THE BODY ata

A [ STAYEO FOR THREE DANCERS, TO ROUNDS EACH. How

LONG wouLD THAT BE?

Q LET US HAVE Your KNOWLEDGE, PLEASE.

A I WOULD GUESS Agour HALF AN HOUR TO FORTY-Five

Mitiutcs,

ANO OID YoU sce ALL THE GIRLS ScHEOULED TO DANCE

THAT MIGHT? .

A NO.

Q DID You CONTACT AHYONE CONNECTED wi

TH THE PREMISES

WHEN YOU APR IY. D Aq

Mil LOCAT 10?

177 |

YOU WERE THERE?

A NOT THAT I KHow OF,

Q O10 YOU HAVE any CONVERSAT O1, WHATSOEVER WITH THe

DANCERS?

A 1 DON'T RECALL

Q OID You Ask any of THEM WHE

ON THE OCCASION YOu WATCHED TH

PERFORMED OW OTHER OCCAS IONS IN THE PREMISES?

A | NO, I'm SURE | Oiscussep THAT WIth MR, RiduTeR

LATER.

Q ARE ALL GALLET PERFORMANCES IN THE NUDE?

A WHAT ?

A NO.

Q ALL RIGHT. O10 You SAY "HELLO" OR GREET ANYONE ar

THE PREMISES WHEN Yoy ARRIVED THERE? m4

Q ALL RIGHT. pip YOU MAKE your PRESENCE KNown WHEN

YOU ENTERED tue PREMISES?

A NO ae

Q ALL RIGHT. WERE YOU THERE py PREARRANGED APPOINT-~

MENT?

A 1 CELIEVE THe ESTABLISHMENT knew | WAS GOING To ge

THERE, sur | OON'T KNOW THA} THEY KNEW WHAT NIGHT OR WHAT Time

Q ALL RIGHT.

ys)

P.°)

= |

__—_—

178

(re re ee

A Ho.

Q THIS IS

PROPORTION OF BALLET PERFORMANCES WOULD YOU SAY, - periemeniens

CONSIDERING ALL FORMS OF CAST WHAT

ALL TYPES OF BALLET, ARE PERFORMED IN THE NUDE?

A [ CAM'T ANSWER THAT SPECIFICALLY. I'VE ALREADY

SAIO THAT 1 GELIE

Q THANK

VE THE MAJORITY OF DANCE PERFORMANCES ARE

. PERFORMED CLOTHED.

YOU. WERE ALL THE DANCERS THAT YOU OBSERVED

IN THE PREMISES CALLED THE BODY SHOP NUDE?

A Yes.

Q WHAT WAS THAT QUESTION AGAIN?

MS. JAFFE: WERE ALL DANCERS IN THE PREMISES THAT YOu

OBSERVED IN THE BODY SHOP IN THE NUDE?

THE HEARING

BY MS. JAFFE:

Q WHAT PARTICULAR COMMUNICATION

THAT THE DAICERS

A | DOr

MR. HWCORTZBERG:

READ? I DON'T T

THE HEARING

PLEASE?

CTHE

THE WITNESS:

NIKOLAIS AGAIN,

OFFICER: THE ANSWER WAS YES.

WERE NUOE IN THE BODY SHOP?

*T THINK --

HINK I UNDERSTAND.

OFFICER: WOULD YOU RE-READ THE QUESTION,

QUESTIOH WAS READ BY THE REPORTER.)

THE FAMOUS CHOREOGRAPHER, BECAUSE HE WAS ASKED

THC SAME QUESTION.

NL SAID WHY OM YOU WAIIT YOUR DANCERS TO BE NuUDe?

IS MEANT BY THE FACT

WHAT -- COULD WE HAVE THAT QUESTION RE-

I CAM ANSWER THAT WITH REFERENCE TO ALWIN

179

BEST COPY AVAILABLE §

IN AN

’ UNESTHETIC way. é; '

BY MS. JAFFE:

Q IS THAT THE ONLY COMMUNICATIVE VALUE, IN YouR

180

HIS ANSWER YAS THAT HE FELT THAT CLOTHLS, PARTICULARLY SEEN

FROM UP CLOSE, WERE YVARRING AND DISJUNCTIVE IN THE OBSERVANCE

OF THE HUMAN BODY; THEY CUT THE LINES OF THE BODY.

OPINION, IN THE NUDITY OF THE DANCERS?

A NOT AT ALL, NO.

MR. HERTZBERG: DO You WANT TO FINISH THE ANSWER?

BY MS. JAFFE:

Q DOES THE DISPLAYING OF PUBIC HAIR, PER SE, ENHANCE

THE DANCE AS YOU OBSERVED PERFORMED It THE BODY SHOP?

A «NO HORE OR LESS THAN THE DISPLAYING OF THE FACE.

Q ALL RIGHT, AND, IN YouR OPINION, THE ESTHETIC VALUE

OF NUDITY IS THE FACT THAT THE HUMAM FORM Is NOT SO-CALLED,

AS YOU PUT IT, CUT BY THE LINCS OF CLOTHING?

A I, SAID THAT WAS ONE OF THE THINGS, AND YOU DIDN'T

ALLOW ME TO CoriTINUE.

Q . ALL RIGHT. PLEASE LET US HAVE THE OTHER THINGS.

A ONLY IF YOU REALLY WANT IT. I JUST SAID THAT WAS

HOT THE ONLY VALUE.

Q LET US HAVE THE OTHER VALUES, PLEASE.

IM Mf OPINION, THERE ARE OTHER VALUES TO NUDITY

RATHER THAN COSTUMING..

ONC IS THE FREEDOM THE DANCER FCCLS UNECKCUMBERED BY

CLOTTING, VAR 1OUL KINDS OF ELASTIC OK SIPRAI’S OR CONUTRAVT LOS

Q iS IT TRUE, MISs CHASE

| OVEMENT?

au!

d A YCs.

° Q AND

a 1S IT ALSO True THAT SOME of THE MOST ACCLAIMED

ANO TALENTED DANCERS PERFORM IN LEOTARDS>

| ?

€ A YES, THEY aLso

_ PERFOR».

4 ORM NUDE, THose SAME DANCERS

I'VE woen LEOTARDS -.

3 Q Io

4 : ELIEVE THERE Is NO QUESTION PENDING. THANK YOu

VERY muUCcH.

e MR. HERTZBERC- DID You

4 OU WANT j

‘ TO EXPLAIN Your ANSWER, MISs

CHASE?

» BAND. IT's

@) ay MS. JAFFE:

Q COULD Tye

UNCOMFORTABLE?

MR. HERTZBERG: WE '

OBJECT on THAT BASIS.

THE HCARING OFFICER:

MS. JAFFE: OKAY.

THE WITNCSs: I'M SAYING

ELASTIC we RELVES ICnED TO BE NOT AS

Pie SUSTAIN THAT OBVECTION,

‘

Fo EVEN A LEOTARD, AS mucK AS IT

e. REVEAL THE LINES of THE Boor,

1”?

STILL 15 A GARMENT WHI

ENCUMCERS THE DANCER BECAUSE o

F THE ELASTIC AROUND THE WAIST-~-

VERY UNCOMFORTACLE.

T*uer

THE SO-CALLED RULES HEARING THAT WAS ENACTED IN SACRAMENTO

PRIOR TO THE INITIATION OF RULE 143?

I WAS PRESUNT AT ANY SUCH MCCTING.

QUALIFIED WITNESSES IN THE FIELD OF LAW ENFORCEMENT REGARDING

THE NECESSITY FOR THE ENACTMENT OF THESE RULES?

"QUALIFIED". 1 WAS PRESENT. & WOULD oBuccT TO THE USE OF THE

WORD "QUALIFIED".

UNLESS YOU WANT TO DISQUALIFY CHIEFS oF POLICE ANO OTHER SUCH

182

Q WERE YOU PRESENT AT AMY OF THE TESTIMONY GIVEN AT

A I DON'T KNOW WHAT RULE THAT WAS, BUT I DON'T BELIEVE

Q ‘THEN YOU DID NOT HEAR THE TESTIMONY GIVEN BY VARIOUS

MR. HERTZBERG: I'LL OGJECT TO THE USE OF THE WORD

MS. JAFFE: 1 BELIEVE THEY WERE ACCEPTED AS BEING QUALIFIED,

PERSONS. l

THE HEARING OFFICER: ARE You OBuECT ING?

MR. HERTZGERG: I'M OBYECTING TO THE QUESTION ON THE

GROUND THAT IT'S AMBIGUOUS.

MS. JAFFE: SUBMITTED.

THE WITNESS: 1 HAVE ALREADY SAID 1 WASM'T THERE.

MS. JAFFE: JUST A MOMENT HERE.

THE HEARING OFFICER: 1 DON'T KNOW WHAT TO RULE ON. THE

ORIGINAL QUESTION AS TO QUALIFIED, WE MIGHT ASSUME THERE'S NO

EVILCHCE THAT ViY WERE QUALIFIED. of THM suc COULD ASK THE

PEOPLE WHO FESTIFIED. AT LEAST, tt THE OPINION, 1 ASSUME, OF

THE PRESIDING HEARING OFFICER, THEY WERE QUALIFIED.

SO IF YOU WILL REPHRASC YOUR QUESTION, YUST AS A

PERSON APPTARING BEFORE THE COMMITTCE, I!) LIGHT OF HIS OBJECTIC

INGS PRIOR TO THE CNACTMENT OF RULE 143?

133

CY WS. JAFFE:

Q ALL RIGHT. WERE YOU PRESENT AT ANY TIME OURING THE

TESTIMONY OF ANY PERSONS WHO GAVE EVIDENCE AT THE RULES HEAR-

A IS THAT THE HEARING YOU'VE ALREADY REFERRED TO?

Q YES. : .

A | ALREADY SAID I WAS NOT THERE.

Q ALL RIGHT. THANK You.

HAVE YOU ANY EXPERIENCE RELATIVE TO VIOLATIONS OF

CRIMINAL LAWS WHICH OCCUR ON OR ABOUT PREMISES LICENSED TO

SELL ALCOHOLIC BEVERAGES WHICH HAVE NUDE PERFORMANCES?

MR. HERTZGERG:

1 OBJECT ON THE GROUNDS OF IRRELEVANC:.

MS. JAFFE:

WITHESS'S TESTIMONY.

MR. HERTZBERG: HER TESTIMONY HAS NOTHING TO DO WITH ANY

RATIONALE BEHIND THE ENACTING OF RULE 143 AND WHY THEY WERE

ENACTED. |

SHE HAS TESTIFIED AS Atl EXPERT IN THE FIELD OF DANCE

MS. JAPFE: ALL RIGHT. I'M ATTEMPTING TO DRAW THE

DISTINCTION CY THIS LINE OF QUESTIONING THAT THERE 1S A

DIFFERENCE BETWEEN SO-CALLED THEATER ARTS AND A TAVERN.

MR. HERTZBERG:

DIFFERENCE GETWEEN THEATER ARTS AND A

TAVERN?

MS. JAFFE: WELL, IF YOU DOT'T YlibcRsSTANO MY STATEMENT,

PLEASE SO INDICATE, AND I'LL ATTEMPT TO RKEPHRASE IT, MR.

HERTZGERG.

WR, HERTZBERG 1 WOULD ASSUME THERE IS A OIFFERENCE.

MS. JAFFE: OH, YOU /SSUMEC THERE 15 A OIFFERENCE? FINC,

1 SUBMIT IT GOES TO THE WEIGHT TO BE GIVEN voy

BY RESPONOCIIT'S COUNSEL TO YOUR QUESTION REGARDING THE

—

SO STIPULATED.

THE HEARING OFFICER: NOW, WHERE ARE WE?

MS. JAFFE: 1 FORGOT. I'M SORRY.

THE HEARING OFFICER: WELL, I BELIEVE YOU HAD AN OBVECTIO?

ACQUAINTANCE WITH THE PENAL ACTIVITIES OR PENAL VIOLATIONS

GOING ON IN A BAR THAT --

MS. JAFFE:

OFFERS NUDE ENTERTAINMENT.

THE HEARING OFFICER: -= OFFERS NUDE ENTERTAINMENT,

MS. JAFFE: YES.

THE HEARING OFFICER: I'LL OVERRULE THE OBUYECTION. SHE

CAN ANSWER IF SHE KNOWS.

THE WITNESS: I HAVE TO HAVE THE QUESTION REPEATED.

MS. JAFFE: ALL RIGHT. PERHAPS I CAN REPHRASE IT IT

MIGHT SAVE A LITTLE TIME HERE.

Q HAVE YOU HAD ANY EXPERIENCE RELATIVE TO VIOLATIONS

OF THE CRIMINAL LAWS WHICH OCCURRED AT PREMISES LICENSED TO

SELL ALCOHOLIC BEVERAGES WHICH OFFER NUDE PERFORMANCES?

MR. HERTZOLRG:

OBJECT ON THE GROUIIDS IT ASSUMES A FACT

NOT It) EVICEMCEL.

THE HEARING OFFICER: OVERRULED. ANSWER IF SHE KNOWS.

THE WITNESS: I DON'T UNDERSTAND THE QUESTION AT ALL.

BY MS. JAFFE:

Q ALL RIGHT. HAVE YOU ANY EXPERIENCE WITH AKY

INFRACTIONS OR MISCONDUCT OR VIOLATIONS OF THE LAWS IN BARS

WHICHE HAVE HUDK DATIC IG?

A WHAT | DON'T UNDERSTAND 1S THE TERM "EXPERIENCE witTr

eer areerase ta. lee eee ee ee) ee |

BALLET? :

A WHILE WATCHING THE BALLET?

Q Yes.

~ , S E 4

AHIMA SON

» AHY OF THE mayor THEATER CUILOINGS In Los ANGELES

Q H )

AVE You Ever DANCED NuDE BEFORE A Live AUDIENCE?

A NO.

Q WOUID YOU ‘UnNEr HWUDE ~~ stpiye IMAT

? rs Se «

INFRACT Lots". ("VE READ ¢s

OH, NO, NEVER.

Q ALL RIGHT.

TYPICAL AUDIENCE, °

A MAY ] CHOOSE my THEATER?

SAY THE AHMANSON

T THE QUESTION?

LL WITHORAW THE QUESTION.

THEATER AS Opposep __ WOULD You repea

Q ALL RIGHT. 1:

HAVE yo:

OU EVER BEEN art BALLET PERFORMANCES ano SEEN

—e

E 5

CONsumeE ALCOHOLIC BEVERAGES WHILE WATCHING THE

ARE Y : i

‘ Ou REFERRING TO CLASSICAL GALLET? YOU WERE IN

TON HARTFORD oR

a |

— «. 77 ee |

- — oo ‘ai pation

186

A PLEASC.

THE HEARING OFFICER: LET HER ASK YOU THAT QUESTION.

BY MS. JAFFC:

Q DO YOU -- TO vour KNOWLEDGE, DO YOU KNOW IF NIGHT-

CLUB PERFORMERS HAVE DIFFICULTIES WITH PATRONS WHO ARE UNDER

THE INFLUENCE OF ALCOHOLIC BEVERAGES DURING THEIR PERFORMANCE?

; A I'VE NEVER OBSERVED ANY SUCH OIFFICULTICS.

Q _ALL RIGHT. ARE You AWARE THAT PERFORMERS DO HAVE

DIFFICULTICS [MN NIGHTCLUBS WITH AUDIENCES ON OCCASIONS?

MR. HERTZGERG: I OBJECT on THE GROUNDS IT'S ASSUMING A

FACT NOT IN EVIDENCE.

WS. JAFFE: I'M ASKING HER IF SHE'S AWARE OF IT. |

MR. HERTZBERG: IT'S ASSUMING THAT IT'S TRUE, AMO IT'S

NOT IN EVIDENCE.

MS. JAFFE: -I WITHORAW THE QUESTION.

Q ALL RIGHT. HAVE YOU EVER OBSERVED OR HEARD OF A

PERFORMER HAVINIG A PROBLEM WITH A PARTICULAR PATRON OR PATRONS

IN HIS AUDIENCE?

MR. HERTZBERG: TO WHICH | OGUECT AS IRPELEVANT TO Ally

ISSUE IN THIS CASE.

IT UP.

MS. JAFFE: 1 WILL ATTEMPT TO CONNECT

THE HEARING OFFICER: THE AtiswoeRr -- OSJCCTION 1S OVER-

RULED. ANSWER THE QUESTION.

THE WITNESS: WOULD YOU REPEAT THE QUESTION?

MS. JAFFE: WOULD YOU READ THE QUESTION BACK, PLEASE? I'H

SOPRY.

CTHE QUESTION WAS READ CY IML REPORTER. >

CO ee ee ee cee - ‘

—

THE FEMALE

THE FEMALE DANCERS ARCH THEIR BODIES IN SUC

EMPHASIZE AND EXPOSE THEIR VAGINAL AREAS?

WOULD You ¢

ESTHETIC aw

OGSERVED ar THE ey

oF 1 OBJECT on THE GROUNDS IT'S NOT A PROPER

OTHETICAL QUESTION AND DOESN'T STATE ALL THE F

ACTS.

AS. JAFFE: 1 THIEK IT's 4

4 FOR A CONCLUSION.

CVIDENCE as TO --

THE WIT SS: pie

no,

BY MS. JAFFE:

Q HAV *

| E YOU EVER SEEN OR HEARD oF A PERFORMER HAVING

~~ STRIKE THAT -. pg "a

AT ~~ BEING HECKLED oy a MEMBER OF THE AUDIENCE?

A I'VE opsery :

| ED THAT IN THE

~~ IN ALL FoRMS oF fT

Q ALL RIGHT. “~.

Q WHEN YOu WERE It THE COCY sHoP

DANCERS Rue THEIR HANDS OVER THE

A NO.

Q .

IR VAGINAS?

WH _

EN YOu WERE IN THE BODY SHOP, DID YOU SEE Any OF |

H A MANNER 43 TO

A HO,

Q IF YOU HAD OBSERVED THOSE ar

OREMENTIONED FACTS,

HAHGE Your OPINION Iry ANY Way RELATIVE TO THE

0 COMMUNICATIVE VAL'SE OF THE PERFORMANCES YOu

DY SHOP?

MR, HERTZBERG:

PROPER HYPOTHETICAL QUESTION.

** C 20k. . . Ss V D 7 T Cc LL

MS. JAFFE: ALL RIGHT,

IT DOES Nort ASSUME FACTS NOT IN

Tic HEAR Ltn; OVF TCce: |

OCVECTION OVERRULED. AUSWER THE | ,

38 |

QUESTION.

THE WITNESS: LET'S HAVE THE QUESTION AGAIN.

MS. JAFFE: ALL RIGHT. PERHAPS I CAN REPEAT THE QUESTION

é *

AND SAVE A LITTLE TIME.

Q ALL RIGHT. IF -YOU HAD OBSERVED FEMALE DANCERS IN

THE COO’ SHOP ARCHING THEIR BODIES It! SUCH A MANHER AS TO

EXPOSE AND EMPHASIZE THCIR VAGINAS AND RUBGING THEIR HANDS OVER

THEIR VAGINAS, WOULD YOUR OPINIOT! CHANGE IN ANY WAY AS TO THE

COMMUNICATIVE AND ESTHETIC VALUE OF THE DANCING YOU OBSERVED

AT THE BODY SHOP? .

MR. HERTZBERG: WELL, THAT'S COMPOUND. I WILL OBYECT Or

‘THOSE GROuUtIOS.

MS. JAFFE: I BELIEVE YOU CAN ASK AN EXPERT COMPOUND

QUESTIONS.

THE HEARING OFFICER: ANSWER THE QUESTION. OVERRULED.

THE WITNESS: 1 OON'T BELIEVE AT Atly TIME THAT | GAVE ANY

PERSONAL OPINIOH AS TO THE VALUE OR DEGREE OF TASTE OF THE

PERFORMAIICE AT THE BODY SHOP. GIHIE OF THE PHOTOGRAPHS I SUB-

MITTED IS A PERFORMER WITH HER VAGINA EXPOSED. 1 DON'T REALLY

KNOW WHAT YOU ARE ASKING.

. BY WAS. JAFFE:

Q - ALL RIGHT. LET ME TRY AGAIN.

IF YOU HAD OBSERVED

THE DANGERS I Tilk BOLY SHOP RUBBING THEIR HANDS OVER THEIR

VAGINAS, WOULD YOUR OPINION CHANGE It ANY WAY AS To THE ESTHETI

AND COMMUNICATIVE VALUES OF THE DANCING YOU OBSERVED IN THE

BOY SHOP?

A 1 CAN'T ANSWER THAT AS A HYPOTHESIS.

MO YOU KiGw wr

A 1 OLDIE T bay

Q CAN yoy IMAG INE SUCH A

A Yes, | CAN,

Q WOULD THAT

+a FINE. Tiare YOU. weir

: ,

APPEN, 14 ASKING You fo ASSUME

A ''M TELLING

DON '

T Ktiow IF WATCHING A PERSON

YOU very MUCH,

—

A IM

-- IF

I WERE a MEMBER OF THe AUDIENCE?

TO Your PERSONAL OBSERVAT I On

1 FIND IT very DIFFiIcy

THE PERFORMANCE ?

E . ° °

Al CSTHETI¢ YUOGME TT ABOUT Tz

THER

OR NOT WATCH thiIG A PCRFORMEPp WHID

A DANCER DANCE Is All

199

ARCHES HER tony tn SUCH A WAY AS TO ExPOSr oR CMPHASIZE HER

VAGINA WOULD BE AN ESTHETIC EXPERIENCE?

. ARE YOU SAYING THAT THAT'S THe PURPOSE OF THE |

ARCHING OF THE BACK, OR IS IT AN ACCIDENTAL EXPOSURE OF THE

VAGINA? | ,

Q WELL, EITHER ONE, AND I'M RESPONDING TO YOUR QUES-

- TION. |

A MY AHSWER COULD ONLY BE THAT IF I OBSERVED A DANCER

IM THE COURSE OF THE DAIICE MOVE HER LEGS IN SUCH A WAY THAT |]

GOT A GLIMPSE OF HER VAGINA, 1 WOULD NOT BE PERSOTALLY OF FENDEG

BY THAT.

ARCHES HER BODY TO EXPOSE AND EMPHASIZE HER VAGINA.

D COMMUNICATIVE

LET'S ASSUME FOR A MOMENT THAT THE DANCER DELIGERATELY

WOULD THAT

AFFECT YOUR DETERMINATION OF THE CSTHETIC AN

VALUE OF THE PERFORMANCE?

- HOW WOULD I KNOW SHE WAS DOING IT DELIBERATELY?

Q ALL RIGHT. ASSUMING SHE WAS.

A 1 CAN'T ANSWER THAT. we're TALKING ACOUT WHAT'S IN

THE INTENTION OF THE ARTIST.

. Q SO YOU ARE BASING YouR ENTIer TESTIMONY RELATIVE TO

THE COMMUIIICATIVE VALUE AND ESTHETIC VALUC OF THE PERFORMANCES

YOU OGSERVED It THE CODY SHOP BASED UPON WHAT YOU PERSONALLY

OBSERVED THERC?

A ABSOLUTELY, YES.

Q WERC YOU BASING IT BASED uUPor OBSERVATIONS IN OTHER

-- STRIKE THAT.

1 WILL WITHORAW THAT QUESTION,

09 YOU-FELL TWRE 15 aut PARTICULAR COMMUNICATILOUT

THAT 15 MADE BY THC CXPUSURE oF PUBIC HAIRS?

THANK YOU. 1 Have NOTHING |

FURTHER,

WR, HERTZBERG: NOTHING FURTHER, ,

THE HEARING OFFICER: YOU HAVE NO FURTHER QUESTIONS?

MR, HERTZBERG: NO.

THE HEARING OFFICER: 1 HAVE ONE QUESTION,

You TESTIFIED REGARDING THE ARTICLES IN THE ONE

_ PICTURE -. RATHER, ARTICLES In 1-8.

ACTUALLY SEEN?

THE WITNESS: OF THE PERFORMANCES 1 OISCUSSED OR THE

PERFORMANCES PICTURED?

THE HCARING OFFICER: PERFORMANCES PICTURED,

THE WITNESS: I'VE SEEN PORTIONS oF

TELEVISION ANDO PORTIONS oF ERICK HAWKINS,

"OH, CALCUTTA" on

TO REMEMBER WHAT THE OTHERS WERE.

I'VE Scr THE JOFFREY —_ I'VE Sten THE JOFFREY

BALLET. CREFERS To PICTuRES,.)

I'VE SEEN THE JOFFREY BALLET, Atip ,*

HAWKINS, Atip PORTIONS oF "OH, CALCUTTA" Ano "HAIR",

iT.

THE HEARING OFFICER: OKAY. any FURTHER QUESTIONS?

MS. NO FURTHER QUESTIONS,

JAFFE: [ HAVE A MOTION,

is THOUGH.

THE

HEARING OrVicer: ALL RiGgur,

MP. URE BLEG : WO FOR THER QUESTIONS.

_—

—_—— ee

» INCLUDING ‘THE Facc.

HOW MANY OF THOSE HAVE You

I'LL HAVE TO LOOK

VE SEEN ERICK

AND THAT'S

YOurR MOTION?

ee as) RENCWINc

S AND SEVERAL mor;

ONS.

by the Hearing Officer; also

thereto 4nd alj Matters to w

1975

af sf tomy Po a a

8. LUIS HUGHES, CSR” 375) ia

Otary Public

~~ OFFICIAL SEAL |

Jz 8. Los HUGHFS

tS, -* WUIAME ChE CALifuaNA

ma ey 5 PPT OOICE am

‘447 46 WCU Comey

ze famenanten Cones Onc. 77, 1977 }

: |

BEST COPY AVAILABLE |

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.