a difficult time credibly denying that he knew or had reason
to know that he was in the pornography business. Often it is
so advertised. Plaintiffs could at empt to prove compensatory
damages against such big traf ickers for all the sexual assault,
forced prostitution, street harassment, and civil denigration
they arguably cause. Punitive damages (money paid to victims
to punish perpetrators) could be requested as well. But it
might wel be more difficult to show that a legitimate booksel er being sued for traf icking, or for assault due to specific pornography, knew or had reason to know he was selling pornography. This provision thus protects legitimate booksel ers from damages for truly inadvertent violations while retaining
the ability to stop all of them.
The Ordinance
53
Enforcement
Any person aggrieved by violations of this law may enforce its provisions by means of a civil action filed in a court of competent jurisdiction. No criminal penalties
shall attach for any violation of this law.
The evidence that supports the Ordinance might wel justify criminal penalties under existing legal standards, and some may be appropriate. In order to empower women,
however, the Ordinance as cur ently designed operates civil y.
This means that no police seize materials and impound them
while legal proceedings drag on. No prosecutors decide
whether or not a woman’s case is valid. While it might be
advantageous at some point to engage the help of the state apparatus against the pornographers, it is clear that the entire structure of state, federal, and local government, with al the
resources and power at its disposal, has not managed to do
anything significant about the pornography industry.
It is time to place the power to remedy the harm in the hands
of those who are hurt, rather than to enhance the power of those
who have done so little with so much for so long. Currently,
there are laws against rape, domestic battery, and sexual abuse
of children, and prosecutors and police do virtually nothing effective about these problems. Too, pornographers are in the pornography business largely to make money. After a rare conviction for obscenity, many continue to run their businesses from jail. They cannot, on our analysis, continue their business
without hurting women and children. Therefore, empowering
those that the pornographers must hurt to do business by
making it possible for their victims to target a reason the pornographers do that business seems like the most obvious, best, perhaps only chance of ultimately eliminating them.
Any person who has a cause of action, or their estate,
may seek nominal, compensatory and/or punitive
54
Pornography and Civil Rights
damages without limitation, including for loss, pain;
suf ering, reduced enjoyment of life, and special damages, as well as for reasonable costs, including at orneys’ fees and costs-of investigation.
In claims for traf icking or against traf ickers under
the assault provision, no damages or compensation for
losses shall be recoverable against maker(s) for pornography made, against distributor(s) for
