Rule No. 9 (also simply Rule 9) was a

city ordinance A local ordinance is a law issued by a local government. such as a municipality, county, parish, prefecture, or the like. China In Hong Kong, all laws enacted by the territory's Legislative Council remain to be known as ''Ordinances'' () af ...

Los Angeles Los Angeles ( ; es, Los Ángeles, link=no , ), often referred to by its initials L.A., is the List of municipalities in California, largest city in the U.S. state, state of California and the List of United States cities by population, sec ...

California California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...

, which made it illegal for performers to "impersonate by means of costume or dress a person of the opposite sex" without a special permit from the

Los Angeles Board of Police Commissioners The Los Angeles Board of Police Commissioners, also commonly known as the Los Angeles Police Commission, is a five-member body of civilian-only, appointed officials which oversees the Los Angeles Police Department. Organization The board is made ...

. Enforced in 1967, this outlawed cross-dressing and drag, and effectively criminalised

transgender A transgender (often abbreviated as trans) person is someone whose gender identity or gender expression does not correspond with their sex assigned at birth. Many transgender people experience dysphoria, which they seek to alleviate through ...

performers. It was notably used to prevent transgender dancer

Sir Lady Java Sir Lady Java, also known simply as Lady Java (born 1943) is an American transgender rights activist, exotic dancer, singer, comedian, and actress. Active on stage, television, radio and film from the mid-1960s to 1970s, she is a popular and inf ...

from performing.

Background

In Los Angeles, cross-dressing and any form of public

gender non-conformity Gender variance or gender nonconformity is behavior or gender expression by an individual that does not match masculine or feminine gender norms. A gender-nonconforming person may be variant in their gender identity, being transgender or non-bina ...

had been outlawed since 1898 under Municipal Ordinance 5022. The Ordinance was amended in 1922 to allow a fine of $500 and 6 months in jail to be given to those in violation of the order. In 1940, the Board of Police Commissioners developed what would later become Rule No. 9 by requiring bar owners to get written permission from the Commission in order to host cross-dressing performers. The text of Rule No. 9 stated: Performers had to be wearing at least three items of 'properly gendered' clothing to avoid violating the ordinance.

Use against Sir Lady Java

was a transgender entertainer and

go-go dancer Go-go dancers are dancers who are employed to entertain crowds at nightclubs or other venues where music is played. Go-go dancing originated in the early 1960s at the French bar Whisky a Gogo located in Juan-les-Pins. The bar's name was taken ...

who became famous for her impersonation of Lena Horne. In September 1967, she was set to begin performing at the Redd Foxx, a club on La Cienaga run by Redd Foxx. LAPD officers told the club's management to cancel Java's performance, invoking Rule No. 9, but it went ahead as scheduled. The police threatened to arrest the owner or revoke the bar's

liquor license A liquor license (or liquor licence in most forms of Commonwealth English) is a governmentally issued permit to sell, manufacture, store, or otherwise use alcoholic beverages. Canada In Canada, liquor licences are issued by the legal authority ...

if she was allowed to perform again. The club applied for a permit in October 1967 but was refused. Java picketed the club, arguing the ordinance violated her

right to work The right to work is the concept that people have a human right to work, or engage in productive employment, and should not be prevented from doing so. The right to work is enshrined in the Universal Declaration of Human Rights and recognized ...

and challenged it in court with the ACLU. At the time, California's anti-masquerading law had already been declared unconstitutional, meaning that the acts Rule No. 9 prevented from being on stage were legal on the streets. The courts ruled that only club or bar owners could sue the police department, but Java and the ACLU could not find anyone willing to join the suit. Rule No. 9 was struck down as part of a decision by the

California Supreme Court The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sac ...

in 1969 where a different cabaret law was challenged and defeated.

Notes

References

{{reflist Discrimination against transgender people Transgender law in the United States LGBT law in California Los Angeles Police Department 1960s in LGBT history

Background

Use against Sir Lady Java

See also

Notes

References