Is it 'lewd' to show your nipple or wear a jockstrap at a gay bar?
Over the weekend city and state enforcement teams inspected four Seattle gay bars. Three of those bars — The Cuff Complex, Neighbors, and The Seattle Eagle — were found to be in violation of “lewd conduct” laws.
In a city where nude beaches and jockstrap kickball are acceptable, why is it lewd to bartend with your nipple showing?
"The consequences for the bar can be a citation," explained Vivian McCall. "In this case, no citation has been issued — one still could be issued."
McCall is a staff reporter with The Stranger, and reported on this story. She says those potential citations would be for a bartender that had a nipple showing, and a few people wearing jockstraps.
But the impact of these investigations goes far beyond a simple citation.
"There is also this very real history of law enforcement cracking down on queer bars," McCall explained. "The owners here feel like they've been unfairly singled out for a law that they're questioning the validity of in the first place."
McCall also noted that, of the 15 bars that were investigated over the weekend, four were gay bars. That's a high ratio when compared with the percentage of gay bars that exist in the city overall.
A letter signed by business owners, including the owners of The Cuff Complex and Seattle Eagle bar, calls for an investigation into why the weekend raids happened.
"And why it was so important to enforce a lewd conduct law over something that they see as really minor," McCall explained.
McCall also noted that David Postman, the chair of the Washington state Liquor and Cannabis Board, has said that the lewd conduct law may be out of step with the times, and that it's something that should be looked into.
Washington state Sen. Jamie Pedersen (D-Seattle), the majority floor leader for the Washington Senate Legislative LGBTW Caucus, also told McCall that the caucus is "going to do something about this."
McCall also said that Washington has a reputation for being a free and open state. It's legal to wear a jockstrap in a park, or bike naked in the annual solstice parade.
But these, sometimes draconian feeling restrictions, remain.
"You know, we're not talking about people who are walking to a bar completely naked, like we're talking about a nipple. We're talking about a jockstrap," McCall said. "We're talking about things that I think on the street, we don't consider lewd, but in this state enforcement context, we do."