COLUMBUS — The Columbus city attorney has recommended that the state law police cited to arrest porn actress Stormy Daniels should not be enforced.
In a memo to the city’s police chief, Columbus City Attorney Zach Klein says Wednesday that future charges filed under that law will not be prosecuted. Klein has also dismissed charges brought against two other employees arrested with Daniels.
We did have a productive discussion with Mr. Avenatti here in Columbus, and he is correct that there will be a thorough investigation by the Columbus Division Police. https://t.co/vYUAfqZVOd
— Columbus City Attorney Zach Klein (@CityAttyKlein) July 18, 2018
The law states dancers at “sexually oriented” businesses are prohibited from touching customers and vice versa.
Klein says the law is “glaringly inequitable” because its applicability depends on how regularly the employee performs. He also says employees who touch police are not in violation because on-duty public officials are not legally considered patrons.
“In light of the recent charges filed under this statute, we have recognized there is a glaring inequitable application of the law, which treats people differently for the same conduct based on the frequency of their appearances at sexually oriented businesses,” said Columbus City Attorney Zach Klein. “For this reason, and for the concern over the definition of ‘patron’ as applied to law enforcement, we have issued a directive to the Columbus Division of Police to notify them that we will no longer be prosecuting these charges.” -Statement from Columbus City Attorney Zach Klein
Daniels’ lawyer says he applauds Klein’s decision.
Klein cited similar concerns in his decision not to prosecute Miranda Panda, of Marion, and Brittany Walters, of Pickerington, who had both been charged with the same offense as Daniels.
“After reviewing the charges for each of these cases closely, I’ve determined that the facts of these cases do not meet the elements required to prosecute under this law,” Klein said.
Klein said Walters did not meet the law’s requirement of “touching a ‘patron’,” and Miranda Panda did not meet the requirements of appearing “nude or semi-nude” while working as a server and was working only her third shift at the club on the night of the arrests.
Messages seeking comment were left Wednesday for Columbus police.