SENATE, HOUSE FILE MIRROR
PUBLIC PROTECTION LEGISLATION
Sen. Lindsey Tichenor, R-Smithfield, and Rep. Nancy Tate, R-Brandenburg, to file bills regulating adult-oriented businesses
FRANKFORT, KY (January 30, 2024) – Sen. Lindsey Tichenor, R-Smithfield, will file public protection legislation that will create regulations for adult-oriented businesses later today. Senate Bill 147 (SB 147) mirrors legislation filed by Rep. Nancy Tate, R-Brandenburg, who also announced her intent to file the same legislation in the House, House Bill 402 (HB 402). Tichenor and Tate made the announcement at a press event today.
“The commonwealth regulates nearly every other industry to create protections for the safety, health, and welfare of all Kentuckians,” said Tate. “Notably absent from the current list of regulated industries is the adult entertainment industry which without proper regulations can pose a threat to public protection, specifically minors in our communities.”
Both bills avoid infringing on First Amendment rights while addressing adverse secondary effects associated with these businesses.
“The primary purpose of the bill is to establish a state-wide standard for adult-oriented businesses,” said Tichenor. “Counties have the ability to establish ordinances, but often may not have any in place when an adult-oriented business wants to open in their area. This bill will provide counties with a minimum standard yet retain the authority to set a higher standard around businesses in their communities.”
Adult-oriented businesses present a wide variety of adverse secondary effects, including an increase in crime, human trafficking, prostitution, exploitation, general erosion of the communities they open in, lewdness, public indecency, vulgarity, illicit drug use and drug trafficking, and negative impacts on surrounding properties and their value.
Tichenor’s legislation aims to protect those in society who are most vulnerable and susceptible to the adverse effects of the adult entertainment industry, primarily children.
“Families and the government hold a great responsibility to protect minors from obscene content and to protect the innocence of children,” Tichenor said.
To do that, the act would create zoning regulations on adult-oriented businesses, regarding how close they can be to children’s amusement establishments, educational buildings, places of worship, parks, and recreational areas.
In addition to this, adult-oriented businesses would be required to ensure minors will not gain access to their place of business. The legislation would prohibit outside displays of nudity, sexual conduct, and obscenity.
The legislation provides a definition of children’s amusement establishment to mean an amusement park, trampoline park, inflatable play facility, laser tag facility, go-kart track, skating park or skating rink, video game arcade, or any commercial establishment primarily dedicated to providing entertainment activities that cater to minors.
It also defines a drag performance to mean one in which a performer sings, lip syncs, dances, reads, or otherwise performs before an audience for entertainment while exhibiting exaggerated gender expression that is inconsistent with the biological sex of the performer using clothing, makeup, or other physical markers, and this expression is a caricatured, advertised, or featured aspect of the performance.
As an adult-oriented entertainment act, sexually explicit drag performances would also face stricter scrutiny, including a prohibition of them on state and local government properties like public libraries and other locations that cater to minors.
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Sen. Lindsey Tichenor, R-Smithfield, represents the 6th Senate District, including Oldham and Trimble Counties and part of Jefferson County. She serves as a Senate Education; Families and Children; and Health Services committee member. Tichenor is also a Budget Review Subcommittee on Human Resources Committee member.
Rep. Nancy Tate, R-Brandenburg, represents the 27th House District, including Meade County and a portion of Hardin. Tate serves as a member on the House Committees on Small Business and Information Technology, State Government, and Agriculture, and serves as the co-chair of the Capital Planning Advisory Board.