Pornography and Civil Rights: A New Day for Women's Equality

construed to be trafficking in pornography.

b. Isolated passages or isolated parts shal not be the sole basis

for complaints under this section.

c. Any woman may bring a complaint hereunder as a woman

acting against the subordination of women. Any man, child, or

transsexual who alleges injury by pornography in the way

women are injured by it may also complain.

Section 4. DEFENSES

1. It shall not be a defense to a complaint under this law that the

respondent did not know or intend that the materials at issue were

pornography or sex discrimination.

2. No damages or compensation for losses shal be recoverable

under Sec. 3(5) or other than against the perpetrator of the assault

or at ack in Sec. 3(3) unless the defendant knew or had reason to

know that the materials were pornography.

3. In actions under Sec. 3(5) or other than against the perpetrator

of the assault or at ack in Sec. 3(3), no damages or compensation

for losses shal be recoverable against maker(s) for pornography

made, against distributors) for pornography distributed, against

seller(s) for pornography sold, or against exhibitor(s) for

pornography exhibited, prior to the effective date of this law.

Section 5. ENFORCEMENT*

1. Civil Action. Any person who has a cause of action under this law may complain directly to a court of competent jurisdiction for

relief.

2. Damages.

a. Any person who has a cause of action under this law, or their

estate, may seek nominal, compensatory, and/or punitive

damages without limitation, including for loss, pain, suffering,

reduced enjoyment of life, and special damages, as well as for

reasonable costs, including attorneys’ fees and costs of

investigation.

b. In claims under Sec. 3(5), or other than against the

perpetrator of the assault or at ack under Sec. 3(3), no

* In the event that this law is amended to an existing human-rights law, the complaint would first be made to a Civil Rights Commission, or the complainant could choose whether to go to the Commission or directly to court. Any injunction issued by a Commission under Sec. 3(5), the trafficking provision, would require a trial de novo, that is, a full court trial after the administrative hearing. See the Indianapolis Ordinance for these provisions.

Appendix D: The Model Ordinance

141

damages or compensation for losses shal be recoverable against

maker(s) for pornography made, against distributor^) for

pornography distributed, against sel er(s) for pornography

sold, or against exhibitor(s) for pornography exhibited, prior

to the ef ective date of this law.

3. Injunctions. Any person who violates this law may be enjoined except that:

a. In actions under Sec. 3(5), and other than against the

perpetrator of the assault or at ack under Sec. 3(3), no