State Code defines obscene matter as anything an average person believes depicts or describes sexually explicit conduct, nudity, sex or certain bodily functions; or anything a reasonable person would find lacks serious literary, artistic, political or scientific value. According to State Code 61-8A-2, any adult who knowingly and intentionally displays obscene matter to a minor could be charged with a felony, fined up to $25,000 and face up to five years in prison if convicted.
You gotta love when they say “average” or “reasonable”. Average people can judge their own lives, reasonable people can talk about subjects they are interested and have studied in some capacity, a random person who wouldn’t be asked to decide if a work has any serious literary, artistic, political or scientific value in normal circumstances can’t be an arbiter of the law.
The problem with tipping not being an extra is that one theoretically ends up paying the waiter’s salary directly without being in a direct work relation with them. The restaurant pays people to be there, the clients pay the people to provide a service, the restaurant doesn’t share their profits with their employees, the clients are pressured to decide how much of that profit should be shared and generate that number on the side.
It’s the old two categories being exploited and pitied against each other.