Burlesque dancing could be stripped away from Barrie’s adult entertainment industry bylaw.
City councillors will consider a motion later this evening to have city legal staff investigate how other municipalities have separated burlesque dancing from their bylaw and report back to Barrie’s arts advisory committee.
Coun. Amy Courser, the committee's chairwoman, said it’s not a fair situation.
“The Barrie arts advisory committee was informed that the bylaw treats burlesque and similar performances as equivalent to stripping,” she said, “restricting artistic expression by confining these performances to strip clubs and imposing strict licensing and zoning regulations.
“This bylaw has also led to instances where the city has had to turn away revenue from fundraisers and other events that have successfully performed in facilities of other municipalities,” Courser added. “The committee is asking that staff review the bylaw to update the language and intent, to better support diverse artistic expressions and community events.”
Jason Forgrave, Barrie’s supervisor of enforcement services, said that although "burlesque" is not specifically noted in the city’s bylaw, the interpretation and the intent of the bylaw’s definition of "adult entertainment establishment" is what’s being enforced.
He said the definition of adult entertainment establishment means “any premises or part thereof in which entertainment is offered which is designed to arouse or result in an erotic or sexual response or sensation from any person viewing, observing, or otherwise being subjected or exposed to the entertainment. Shall include but is not limited to adult entertainment parlours.”
“While the performances may not include nudity, they are generally ‘designed to arouse or result in an erotic or sexual response or sensation’ by the provocative style of dance and the performers’ attire,” Forgrave said.
For additional clarity, he said, the definition of entertainment “means and shall include but is not limited to performances, the performing of an artistic work, dramatic work, musical work, dance, or similar activity, display by a person, or encounter actually carried on by a person.”
Forgrave said the city’s interpretation of the bylaw has been supported by its lawyers in the past and upheld in provincial court on previous charges laid, with convictions registered against local establishments hosting similar shows, such as Chippendales.
“Other performances such as The Thunder from Down Under have not occurred due to the current restrictions,” he added.
While a local dance studio offers an amateur performance, the routines are similar to the professional organizations, they are open to public attendance by way of a purchased ticket, and there are disclaimers that it is an 18-plus show, Forgrave said.
“The studios are permitted to keep the performance private within their membership and facilities,” he said. “It is the offer of a public performance which brings it to a prohibited act.”
Forgrave said Barrie’s adult entertainment industry bylaw has not been reviewed since 2005.
The motion councillors will consider Wednesday evening is at the infrastructure and community investment committee meeting.
If passed, it would move to general committee for approval, and then city council.
