California Ordinance Bans “Boobie Pillows”

California law banning boobie pillows

Not a "boobie pillow" (Lawhaha.com is family friendly.)

Patrick Strader reports that he came upon this California ordinance banning “boobie pillows” accidentally, while searching under “B” in the code index for something more mundane–“Bills of Lading” or perhaps “Boards or Commissions.” Of course, he had to stop and look it up.

9.12.010 Public sales of articles depicting female breasts.

A. Finding of Fact Leading to Enactment.

Residents of the county have petitioned the board of supervisors of the county to prevent persons who display, sell or offer to sell upholstered or stuffed articles depicting, simulating or caricaturing female breasts from vending such articles at sites adjacent to and near county highways. …

The petitioners have represented, and the board of supervisors finds, that (unlike indecent and vulgar displays in movies, newspapers, television and other places, the offensiveness of which can be prevented or controlled by turning off the set, canceling a subscription, declining to purchase, or nonattendance) the hawking of those articles named by its vendor and sold as “boobies pillows” along the public highways is a species of indecency and vulgarity which cannot be ignored or controlled by passersby, which assails the eyes and minds of all who are required to use county highways, and which should be barred and controlled for the peace, safety and welfare of the unincorporated areas of the county.

B. Display and Sale Banned Within One Thousand (1,000) Feet of Highways.

No vendor shall vend stuffed articles depicting the female breasts (sold as “boobie pillows”) within one thousand (1,000) feet of any county highway.

C. Regulation of Display More Than One Thousand (1,000) Feet from Highways.

No vendor shall vend stuffed articles depicting the female breasts (sold as “boobie pillows”) anywhere in the unincorporated area of the county unless: [elaborate conditions are enumerated]

Violations are a misdemeanor punishable by a fine of not more than five hundred dollar ($500.00) or imprisonment in the county jail for not more than ninety (90) days, or both. Each day of violation constitutes a separate offense. Residents can now sleep easily.

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Andrew Jay McClurg is a law professor whose teaching and research interests include tort law, products liability, legal education, privacy law and firearms policy. He holds the Herbert Herff Chair of Excellence in Law at the University of Memphis Cecil C. Humphreys School of Law.
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