Wednesday, September 2, 2009
My colleague, Shaun Martin, has an interesting post over at his California Appellate Report blog on a case out of the Ninth Circuit today involving alleged bribery of San Diego city councilmen which came to be called "Strippergate" locally. (For the record, that's Shaun pictured on the right, not (1) one of our councilmen or (2) a stripper.) Shaun gives Judge Canby credit for his sense of humor, noting that the second paragraph of the opinion begins:
"In 2000, the San Diego City Council enacted an ordinance banning touching between exotic dancers and patrons: the so-called No-Touch ordinance. This ordinance replaced another provision banning only “lewd and lascivious” conduct at clubs. The bright line aspect of the No-Touch ordinance made for easier law enforcement and eliminated the need to spend public funds on lap dances for undercover police officers."
Shaun also notes that the court identifies "a lingering issue about the legal requirements for 'honest services' fraud that's at issue in the trial as well as in a pending Supreme Court case, so the Ninth Circuit stays the mandate to see how that all plays out." The opinion is here.