Members
of Charleston City Council decided Monday that an obscure statute in city code
outlawing adultery and sex between unmarried individuals should be stricken from
the books.
The council voted unanimously to repeal Chapter 78, Article V, Sec.
78-291, which labeled sex acts between unmarried people a misdemeanor,
punishable by up to 30 days in jail and a $500 fine.
There was little discussion on the matter before the vote was
finalized. Mayor Danny Jones laughed at the law before casting his vote
to repeal it: How did they ever put something like this on the books?
the mayor said.
Councilwoman Mary Jean Davis was a cosponsor of the bill to repeal
the adultery and fornication law. She only recently became aware of the
law's existence. She said times have changed and the law needed to go.
But the adultery and fornication law isn't the only ordinance on the
city's books that some might find outdated.
Take Chapter 78, Article V, Sec. 78-311, for example. That ordinance
makes it a crime to sell, give away or possess pornography or immoral
books in city limits.
It shall be unlawful for any person within the city to sell,
distribute, lend, give away, exhibit or offer to sell, distribute, lend,
give away, exhibit or have in his possession for any such purposes any
obscene, lewd, lascivious or immoral book, magazine, pamphlet, paper,
writing, advertising, picture, circular or newspaper, the code
states.
Another section of Chapter 78 declares it a crime to use indecent
language in public performances like plays and concerts.
Ellis said he doubts any of those provisions could ever be enforced.
Davis said those sections of the code also will be reviewed.