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MODEL ANTIPORNOGRAPHY CIVIL-RIGHTS ORDINANCE
Section 1. STATEMENT OF POLICY
1. Pornography is a practice of sex discrimination. It exists in [place], threatening the health, safety, peace, welfare, and equality of citizens in our community. Existing laws are inadequate to solve these problems in [place].
2. Pornography is a systematic practice of exploitation and subordination based on sex that differentially harms and disadvantages women. The harm of pornography includes dehumanization, psychic assault, sexual exploitation, forced sex, forced prostitution, physical injury, and social and sexual terrorism and inferiority presented as entertainment. The bigotry and contempt pornography promotes, with the acts of aggression it fosters, diminish opportunities for equality of rights in employment, education, property, public accommodations, and public services; create public and private harassment, persecution, and denigration; promote injury and degradation such as rape, battery, sexual abuse of children, and prostitution, and inhibit just enforcement of laws against these acts; expose individuals who appear in pornography against their will to contempt, ridicule, hatred, humiliation, and embarrassment and target such women in particular for abuse and physical aggression; demean the reputations and diminish the occupational opportunities of individuals and groups on the basis of sex; contribute significantly to restricting women in particular from full exercise of citizenship and participation in the life of the community; lower the human dignity, worth, and civil status of women and damage mutual respect between the sexes; and undermine women's equal exercise of rights to speech and action guaranteed to all citizens under the [Constitutions] and [laws] of [place].
Section 2. DEFINITIONS
1. "Pornography" means the graphic sexually explicit subordination of women through pictures and/or words that also includes one or more of the following:
a. women are presented dehumanized as sexual objects, things or commodities; or
b. women are presented as sexual objects who enjoy humiliation or pain; or
c. women are presented as sexual objects experiencing sexual pleasure in rape, incest, or other sexual assault; or
d. women are presented as sexual objects tied up or cut up or mutilated or bruised or physically hurt; or
e. women are presented in postures or positions of sexual submission, servility, or display; or
f. women's body parts-including but not limited to vaginas, breasts, or buttocks-are exhibited such that women are reduced to those parts; or
g. women are presented being penetrated by objects or animals; or
h. women are presented in scenarios of degradation, humiliation, injury, torture, shown as filthy or inferior, bleeding, bruised or hurt in a context that makes these conditions sexual.
2. The use of men, children, or transsexuals in the place of women in (a) of this definition is also pornography for purposes of this law.
3. "Person" shall include child or transsexual.
Section 3. CAUSES OF ACTION
1. Coercion into pornography. It is sex discrimination to coerce, intimidate, or fraudulently induce (hereafter, "coerce") any person into performing for pornography, which injury may date from any appearance or sale of any product(s) of such performance(s). The maker(s), seller(s), exhibitor(s) and/or distributor(s) of said pornography may be sued for damages and for an injunction, including to eliminate the product(s) of the performance(s) from the public view.
Proof of one or more of the following facts or conditions shall not, without more, preclude a finding of coercion:
a. that the person is a woman; or
b. that the person is or has been a prostitute; or
c. that the person has attained the age of majority; or
d. that the person is connected by blood or marriage to anyone involved in or related to the making of the pornography; or
e. that the person has previously had, or been thought to have had, sexual relations with anyone, including anyone involved in or related to the making of the pornography; or
f. that the person has previously posed for sexually explicit pictures with or for anyone, including anyone involved in or related to the making of the pornography; or
g. that anyone else, including a spouse or other relative, has given permission on the person's behalf; or
h. that the person actually consented to a use of a performance that is then changed into pornography; or
i. that the person knew that the purpose of the acts or events in question was to make pornography; or
j. that the person showed no resistance or appeared to cooperate actively in the photographic sessions or events that produced the pornography; or
k. that the person signed a contract, or made statements affirming a willingness to cooperate in the production of the pornography; or
l. that no physical force, threats, or weapons were used in the making of the pornography; or
m. that the person was paid or otherwise compensated.
2. Forcing pornography on a person. It is sex discrimination to force pornography on a person in any place of employment, education, home, or any public place. Complaints may be brought only against the perpetrator of the force and/or the entity or institution responsible for the force.
3. Assault or physical attack due to pornography. It is sex discrimination to assault, physically attack, or injure any person in a way that is directly caused by specific pornography. Complaints may be brought against the perpetrator of the assault or attack, and/or against the maker(s), distributor(s), seller(s), and/or exhibitor(s) of the specific pornography.
4. Defamation through pornography. It is sex discrimination to defame any person through the unauthorized use in pornography of their proper name, image, and/or recognizable personal likeness. For purposes of this section, public figures shall be treated as private persons. Authorization once given can be revoked in writing any time prior to any publication.
5. Trafficking in pornography. It is sex discrimination to produce, sell, exhibit, or distribute pornography, including through private clubs.
a. Municipal, state, and federally funded public libraries or private and public university and college libraries in which pornography is available for study, including on open shelves but excluding special display presentations, shall not be construed to be trafficking in pornography.
b. Isolated passages or isolated parts shall not be the sole basis for complaints under this section.
c. Any woman may bring a complaint hereunder as a woman acting against the subordination of women. Any man, child, or transsexual who alleges injury by pornography in the way women are injured by it may also complain.
Section 4. DEFENSES
1. It shall not be a defense to a complaint under this law that the respondent did not know or intend that the materials at issue were pornography or sex discrimination.
2. No damages or compensation for losses shall be recoverable under Sec. 3(5) or other than against the perpetrator of the assault or attack in Sec. 3(3) unless the defendant knew or had reason to know that the materials were pornography.
3. In actions under Sec. 3(5) or other than against the perpetrator of the assault or attack in Sec. 3(3), no damages or compensation for losses shall be recoverable against maker(s) for pornography made, against distributor(s) for pornography distributed, against seller(s) for pornography sold, or against exhibitor(s) for pornography exhibited, prior to the effective date of this law.
Section 5. ENFORCEMENT
1. Civil Action. Any person who has a cause of action under this law may complain directly to a court of competent jurisdiction for relief.
2. Damages.
a. Any person who has a cause of action under this law, or their estate, may seek nominal, compensatory, and/or punitive damages without limitation, including for loss, pain, suffering, reduced enjoyment of life, and special damages, as well as for reasonable costs, including attorneys' fees and costs of investigation.
b. In claims under Sec. 3(5), or other than against the perpetrator of the assault or attack under Sec. 3(3), no damages or compensation for losses shall be recoverable against maker(s) for pornography made, against distributor(s) for pornography distributed, against seller(s) for pornography sold, or against exhibitor(s) for pornography exhibited, prior to the effective date of this law.
3. Injunctions. Any person who violates this law may be enjoined except that:
a. In actions under Sec. 3(5), and other than against the perpetrator of the assault or attack under Sec. 3(3), no temporary or permanent injunction shall issue prior to a final judicial determination that the challenged activities constitute a violation of this law.
b. No temporary or permanent injunction shall extend beyond such pornography that, having been described with reasonable specificity by said order(s), is determined to be validly proscribed under this law.
5. Other Remedies. The availability of relief under this law is not intended to be exclusive and shall not preclude, or be precluded by, the seeking of any other relief, whether civil or criminal.
6. Limitation of Action. Complaints under this law shall be brought within six years of the accrual of the cause of action or from when the complainant reaches the age of majority, whichever is later.
7. Severability. Should any part(s) of this law be found legally invalid, the remaining part(s) remain valid. A judicial declaration that any part(s) of this law cannot be applied validly in a particular manner or to a particular case or category of cases shall not affect the validity of that part or parts as otherwise applied, unless such other application would clearly frustrate the [legislative body's] intent in adopting this law.
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