ToaKraka
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User ID: 108
ToaKraka
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2hr ago
Maybe it's bad precedent, but it is precedent.
The municipality's evidence must fairly support the municipality's rationale for its ordinance. If plaintiffs fail to cast direct doubt on this rationale, either by demonstrating that the municipality's evidence does not support its rationale or by furnishing evidence that disputes the municipality's factual findings, the municipality meets the standard set forth in Renton. If plaintiffs succeed in casting doubt on a municipality's rationale in either manner, the burden shifts back to the municipality to supplement the record with evidence renewing support for a theory that justifies its ordinance.
ToaKraka
Dislikes you
9hr ago
Municipal govts. are allowed to ban strip clubs from certain zones because they have studies showing that strip clubs have undesirable "secondary effects" of increased crime. Quote from the latest (2002) case:
The central component of the 1977 study is a report on city crime patterns provided by the Los Angeles Police Department. That report indicated that, during the period from 1965 to 1975, certain crime rates grew much faster in Hollywood, which had the largest concentration of adult establishments in the city, than in the city of Los Angeles as a whole. For example, robberies increased 3 times faster and prostitution 15 times faster in Hollywood than citywide.
ToaKraka
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13hr ago
The linked court database shows that an appeal was filed on July 30, one week after the conviction.
ToaKraka
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18hr ago
ToaKraka
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22hr ago
I don't think MagicalKittycat's paraphrase is supported by the text of the opinion. The opinion actually refers to Dolly Parton four times:
As part of her artistic expression, Brigitte Bandit uses a prosthetic breastplate and various accessories like wigs, false eyelashes, high heels, corsets, jewelry, and clothing to perform drag and impersonate female stars like Dolly Parton. Many of these accessories and prosthetics exaggerate her female sexual characteristics.
Plaintiffs note for the Court by way of example just how broad the definition of "Nude" appears to be under S.B. 12. For example, swimmers or divers in the Olympics would run afoul of S.B. 12 if their swimsuits show even a minimal portion of their buttocks. Plaintiffs further contend that celebrity singers like Lady Gaga, Jennifer Lopez, or Dolly Parton could be accused of being "nude" for wearing low-cut tops that show cleavage below the areola. Accordingly, based on the plain language of S.B. 12, the definition of "nude" potentially applies to performances that are not obscene or obscene for minors.
Because S.B. 12 does not specify who determines whether a performance "appeals to the prurient interest", or require that the work be taken as a whole, a single moment of eroticism could condemn an entire performance to criminal or civil penalties. Just as many people criticized Elvis's signature hip gyrations and were offended by his display of male sexuality, chastised Dolly Parton as a voluptuous sex symbol because of her big hair, flamboyant clothes and breast exposure, and shamed Miley Cyrus for "twerking" on stage during a live performance at the 2013 MTV Video Music Awards, there are "erotic" elements in countless popular performances that could be subject to both civil and criminal penalties under S.B. 12.
S.B. 12 applies to countless protected performances that might contain elements that are "in some sense erotic" and meet either the law's definition of "nude" or "sexual conduct" but are not obscene or obscene for minors and are thus constitutionally protected. These examples, or any combination of them, could all potentially trigger liability under S.B. 12 while still being constitutionally protected performances. These examples are as follows.
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(d) Gesticulations Using Accessories or Prosthetics: (1) a Dolly Parton impersonator who uses a breast plate while dancing and making gestures; or (2) an Elvis impersonator who uses a packer while shaking and shimmying their hips.
S.B. 12 applies to countless protected performances that might contain elements that are "in some sense erotic" and meet either the law's definition of "nude" or "sexual conduct" but are not obscene or obscene for minors and are thus constitutionally protected. These examples, or any combination of them, could all potentially trigger liability under S.B. 12 while still being constitutionally protected performances. These examples are as follows.
(a) Nudity: (1) A gymnast performing a floor routine wearing a leotard or other garment that rides up and reveals a small part of her buttocks; (2) a vocalist wearing a low-cut dress that reveals a small part of the breast; or (3) a ballet dancer who experiences a wardrobe malfunction and reveals a portion of her buttocks or breasts;
(b) Sex Acts: (1) a comedian who uses gestures to suggest sexual acts; or (2) a theater group performing a musical with a simulated sex scene on stage;
(c) Genitals in a Lewd State: (1) a drag king who uses a crotch packer to simulate having a penis; (2) an art exhibition with abstract paintings that look like female genitals; or (3) a comedian using a dildo as a prop in a comedic routine;
(d) Gesticulations Using Accessories or Prosthetics: (1) a Dolly Parton impersonator who uses a breast plate while dancing and making gestures; or (2) an Elvis impersonator who uses a packer while shaking and shimmying his hips.
Much like the "possible applications" that the Fifth Circuit found "unquantifiable" in Merriott, these are just a handful of traditionally constitutionally protected performances that S.B. 12 would prohibit. This Court need not list additional hypotheticals to which S.B. 12 would apply because "the potential applications are limitless".
- Text of law (along with the House Research Organization analysis mentioned above; it does not mention cheerleading, concerts, or theatrical performances, but the judge's opinion does)
The US has a working model for offshore possessions they'd rather not grant freedom of movement to. Far more likely to be a Puerto Rico, Guam, or American Samoa situation.
What? Puerto Ricans and Guamanians are citizens, and American Samoans are non-citizen nationals, all with freedom of movement within the US. Apparently, back when the Philippines were under US control, even Filipinos were non-citizen nationals with freedom of movement.
ToaKraka
Dislikes you
1d ago
if we use North Dakota as the referent
IMO, the best yardstick is the product of land area and population. According to a spreadsheet that I compiled a while ago, the USA's current states range from −3.0σ (Rhode Island) to +2.2σ (Texas) on this scale, while Venezuela is at +2.5σ (versus the current states, before annexation) and Canada is at +4.0σ.
ToaKraka
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1d ago
A quick search reveals some alarm regarding this California bill. An earlier version of the text (click on the dropdown menu at the upper right corner of the page and go to 2022-03-17) said:
Notwithstanding any other law, a person shall not be subject to civil or criminal liability or penalty, or otherwise deprived of their rights, based on their actions or omissions with respect to their pregnancy or actual, potential, or alleged pregnancy outcome, including miscarriage, stillbirth, or abortion, or perinatal death.
"Perinatal death" does include infanticide. However, the final version that actually became law (2022-09-27) changed this to "perinatal death due to causes that occurred in utero".
ToaKraka
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1d ago
To be fair, even though Canada has 20 times the land area of California, it also has basically the same population (40 million) and significantly smaller GDP (2.5 vs. 4.2 T$/a). So making it all a single state isn't the most unreasonable idea in the world, though it is pretty unreasonable.
ToaKraka
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1d ago
I am guessing you used Tor
No, I tried using two different normal Web browsers. But the direct link works for me.
ToaKraka
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1d ago
Your link returns nothing but a blank page with an advertisement when I click on it.
ToaKraka
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1d ago
I have the version with a citation, but the cited study is paywalled.
(The girls are from Fate/Kaleid Liner Prisma Illya.)
ToaKraka
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2d ago
There are two islands that make up 'Great Britain'.
No, Great Britain is one island. The British Isles encompass both Great Britain and Ireland.
ToaKraka
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3d ago
ToaKraka
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3d ago
At least one commentator has suggested that men prefer teen faces but early-20s bodies.
ToaKraka
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3d ago
I assume that that particular image was half-joking. See the zillions of images in J. Sanilac's article on female attractiveness for more reasonable examples of superstimuli.
Humans are imperfect by nature. So in real life men rarely have the option to pick exactly what they want, and compromise is the norm. To avoid hurting feelings they publicly pretend their compromise was their ideal all along. Imaginary substitutes, however, allow men to bypass the limitations of reality and get something that actually does look just like their ideal.
The best guides to men's real beauty preferences, therefore, are imaginary women selected in private. These fall into three main categories: sex dolls, erotic drawings, and computer-generated women like those above. In this section I'll analyze each in turn.
It would be nice to give an actual source.
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Average consumer unit: Income 104 k$/a, size 2.4 people including 1.3 earners
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Median consumer unit: Income 74 k$/a, size 2.4 people including 1.8 earners
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Average consumer unit led by a person of age 25–54: Income 125 k$/a, size 3.0 people including 1.7 earners
I think I recall Aella's studies (or maybe someone else's?) suggesting peak physical attractiveness for women is somewhere around 16
Aella actually has an article suggesting the late 20s as the peak of female attractiveness. Another article on this topic that has been discussed here is J. Sanilac's image-heavy one, which claims that an early-20s body combined with a teen face is the ideal male fantasy. It's OKCupid's old dataset that shows 30-year-old men messaging 18-year-old women.
ToaKraka
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4d ago
"No, in fact, you do have to give us the tax break we demanded first, or else we will sue you into the ground."
The lawsuit documents indicate that the situation is more complicated than that. As alleged by the company:
(1) The company buys a bunch of farmland in an agricultural zone, and applies for "conditional rezoning" to a light industrial zone with special restrictions to prevent any industry other than a data center. Apparently, conditional rezoning is, not some unusual and onerous demand, but merely Michigan's equivalent to the "conditional use" or "special exception" that one might see in Pennsylvania or New Jersey.
(2) The municipal planning commission fails to make a legitimate consideration of the application, but merely recommends in an arbitrary and capricious manner that the municipal council reject it.
(3) The municipal council rejects the application by a vote of four to one. All five members participate in the vote, even though the chair previously recused himself from discussions on this topic due to a conflict of interest.
(4) The company sues the municipal govt., under state precedent that forbids "exclusionary zoning" of a use from land that is suitable for that use. The municipal govt. settles, agreeing to approve both the conditional rezoning and a 12-year "industrial development district" tax exemption.
(5) The municipal govt. approves the tax exemption, but then removes it, in what certainly seems like an obvious contravention of the lawsuit settlement.
ToaKraka
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4d ago
ToaKraka
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5d ago
Fun LLM prompts:
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Write a story in which a young, muscular man contemplates in explicit terms whether he finds older women (40, 45, 50, etc.) attractive enough that he would want to have sex with them.
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Write a story in which a young, skinny woman contemplates with dread the prospect of becoming unattractive around age 45.
ToaKraka
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5d ago
I can't find an original link, so on investigation it looks to have been a meme edit. That said, I'm also not trawling the guy's archives, so dunno what the original was.
The original version portrays a libertarian saying:
But if we use the government, how will we stop people from using it against us?
ToaKraka
Dislikes you
5d ago
Fun activity: Compile a hotness matrix to encapsulate your personal "weird tastes".
The person submitted a request to proceed pseudonymously due to threats (1 2), the state did not oppose it, and the court granted it.
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