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Delivering Weekly Censorship Updates to the Adult Entertainment Industry Vol. X, No. 31, August 10, 2007 - A Member Service of the Free Speech Coalition Stories without byline submitted by FSC contract writer, Scott Ross Contributing writers: Matt Gray and Dave Grimaldi X-Press Editor-in-Chief: Scott L. Lowther Special thanks to Cubik Corp. for formatting and Val Vizmanos for distribution Copyright 2007 Free Speech Coalition. Permission to reprint granted to FSC members; please give credit. Please support our sponsors by selecting the logos above. Industry Mourns Death of Lenny Friedlander, Former FSC President SYLMAR, CA - Lenny Friedlander, 50, owner of New Beginnings and a founder and former president of The Free Speech Coalition, passed away last Sunday. Friedlander began his career in the adult industry in 1978 working for Lanny Cohen at Marlan Distributors and went on to become the company's head of sales before launching New Beginnings, a distribution company. Friedlander served as president of the FSC for six years, and maintained an active role within the organization after he passed its stewardship on to others. Attorney Jeffrey Douglas spoke of Friedlander's dedication to the adult industry and his enormous influence on many friends and colleagues. "The loss is just incalcuable," Douglas told AVN. "Lenny is irreplaceable in every capacity; as a leader of the industry, as a groundbreaking entrepreneur, but most deeply as a friend. I've never known anyone like him. The size of his heart, his extraordinary mind and his ability to inspire are unique. His dedication to the industry and therefore to the Free Speech Coalition was without limitations. He was the most dedicated fundraiser; he understood the importance of the industry uniting, and he made enormous personal sacrifices to keep FSC going, to marshal support... FSC could not be where it is today but for him. He was president for many years and he recruited and inspired scores and scores of people to be involved through their support - essentially, he was personally responsible for the financial health of the organization for many, many years." "Amongst a lot of great memories I have were the times spent on the Free Speech Coalition board with Lenny," said AVN President Paul Fishbein. "Especially the crazy calls late at night at home, when Lenny would come upon a new idea about fighting government suppression. A lot of people don't know what a great president of Free Speech he was, and how he really donated most of his business time raising money and awareness." Friedlander is survived by his wife, son and two daughters. http://avn.com/index_cache.php?Primary_Navigation=Articles&Action=View_Article&Content_ID=293145 FSC Executive Director's Note: Donations in Memory of Lenny Friedlander Directed to the Free Speech Coalition New Beginnings has received numerous calls asking for suggestions of how to contribute in memory of Lenny Friedlander. Lenny was President of the Free Speech Coalition for six years and was an avid supporter. New Beginnings is suggesting that donations be made to the Free Speech Coalition. The Free Speech Coalition will set up a Lenny Friedlander Memorial Fund. Donations to the fund will be acknowledged by a note to the family as well as a note of receipt to the person or company making the donation. A California memorial service for Lenny will be planned within the next few weeks. Thank you for your support of FSC and our important mission. Together, we are making a difference. Judge Denies Motion to Dismiss Extreme Associates Case PITTSBURGH, PA - U.S. District Judge Gary Lancaster has denied a second motion to dismiss the Extreme Associates obscenity case but agreed to a pretrial hearing on the application of the Miller test. Lancaster had previously dismissed the obscenity case against Extreme Associates on the basis of defense arguments that relied heavily upon the Supreme Court's consensual sodomy case, Lawrence v. Texas, to suggest that obscenity laws were unconstitutional. The 3rd U.S. Circuit Court of Appeals overturned the dismissal and reinstated the charges. After the dismissal was overturned, Extreme Associates attorneys H. Louis Sirkin and Jennifer M. Kinsley filed a second motion for dismissal, arguing that federal obscenity statutes are unconstitutional and do not apply to the Internet, arguments Lancaster brushed aside in his July 30 ruling. "The criminal obscenity statutes at issue, as well as the Miller test, have repeatedly been deemed constitutional," Lancaster wrote in his order. Lancaster wrote that the 3rd U.S. Circuit Court of Appeals, in overturning his prior dismissal of the case, held that "even if the statutes, and applicable standards, have been called into question due to subsequent events, if there is going to be a change in the law it must come from the top down, not from the bottom up." As an alternative to dismissal of the case, Sirkin and Kinsley moved for a pretrial ruling regarding how the Miller obscenity test would be applied to the case. The defense maintains that the Miller test's reliance on "community standards" is not viable in when the material in question is distributed via the Internet. "Indeed, what is meant by 'community standards' and 'as a whole' in relation to materials transported via the Internet are centrally important to the trial of this matter," Lancaster wrote. "These factors will affect the court's ruling on relevant evidentiary issues and the admissibility of evidence, as well as the drafting of jury instructions and perhaps even jury selection." Kinsley told XBIZ that Lancaster simply "couldn't go to the extent of throwing the whole case out like he did last time [because] there is no case that has answered the specific questions" raised in the latest motion to dismiss. Kinsley said that the upcoming hearing on the question of how the Miller test will be applied could prove "very critical as to what the jury would see" presented as evidence in the case. "The hearing will address what the jury can consider as part of their 'community,'" Kinsley said. Kinsley added that even though some of the material indicted as obscene in the case came in the form of DVDs and not online files, that fact "still leaves a fundamental question of 'community,' because [investigators] ordered the DVDs via the Internet." Kinsley told XBIZ that a status hearing will be held on Aug. 17 to pick a date for the pretrial hearing concerning the application of the Miller test in the case. "There's still a long road to go even before we reach a trial," Kinsley said. http://xbiz.com/news/82732 Five Star/JM Obscenity Trial To Proceed CINCINNATI, OH - According to attorney Jennifer Kinsley, who along with partner H. Louis Sirkin represents JM Productions in a federal obscenity case filed in the District of Arizona, all of the defense motions to dismiss the case have now been denied by the trial judge, and the case will proceed to trial on Oct. 16. They denied Dick Hertzberg's motion to dismiss based on the fact that Castle Books was selling the same titles, and they dismissed motions filed by Jeffrey [Douglas], Al [Gelbard] and ourselves that were basically the same as the Lawrence motions we filed in Extreme," said Kinsley. Kinsley was referring to the motion based on the Supreme Court's consensual sodomy case, Lawrence v. Texas, that she and her partner had filed on behalf of Extreme Associates and its owners in their federal obscenity case in the Western District of Pennsylvania. That motion found favor with Judge Gary Lancaster, who dismissed all charges. Those charges, however, were reinstated by the Third Circuit U.S. Court of Appeals. "The judge just issued a one-sentence order saying that all our motions were denied, and she'll probably follow that up with an opinion in the near future," Kinsley said. "We still have some jury issues under discussion, but unless something unforeseen occurs, trial will start on Oct. 16." http://avn.com/index_cache.php?Primary_Navigation=Articles&Action=View_Article&Content_ID=293148 Conservatives Renew Call for Marriott to Remove Adult Entertainment from Hotels NEW YORK, NY - Morality in Media is the latest group of social conservatives to call on Marriott International Inc. to stop offering adult entertainment in their hotel rooms. Robert Peters, president of Morality in Media, reportedly found dozens of titles that promised "hard-core action" during a stay at a Marriott hotel. "I personally have a boycott against Marriott and any of the bigger chains that carry this pornography," Peters told Family News in Focus. "When I have a choice, I choose not to stay at a hotel that distributes pornography." In a letter to the CEO of Marriott that was released to Citizinlink.com, a website operated by Focus on Family, Peters wrote, "It is my earnest hope...you will do the right thing for your family, church and nation." The candidacy of Republican presidential hopeful Mitt Romney, who runs on a "family values" platform, has reignited attempts by social conservatives to rid hotels of adult entertainment. Romney, a former board member of the hotel chain, has been charged with hypocrisy by a number of organizations in recent weeks for not stopping Marriott from carrying adult entertainment while on the chain's board. Citizens for Community Values, the Alliance Defense Fund, and Focus on Family are other organizations calling for Marriott to stop offering adult entertainment. http://www.citizenlink.org/content/A000005198.cfm Screaming O Develops Fundraising Program for FSC CANOGA PARK, CA - Adult toy manufacturer, The Screaming O, announced last week that it will donate in $20 and $30 dollar increments from the sale of its new in-store counter and free-standing P.O.P. display units to the Free Speech Coalition (FSC). The fundraiser also benefits the Ohio Citizens for Community Standards (CCS), in support of the hotly debated SB-16 initiative. The company will make each donation in the name of the retailer purchasing the products. "We support the rights of adults to be adults" said Keith Caggiano, co-owner of The Screaming O/Bushman Products. "We believe this program will inspire other companies to follow suit in protecting adult rights in America." The Screaming O will include an FSC donation certificate in every fully-stocked P.O.P display. Retailers just need to complete the form and fax it to FSC. This serves as a confirmation that the donation will be made in each participating retailer's name. The certificate also offers the opportunity for the retailer to match and/or add to the company's donation in an effort to unite the national adult novelty retailers. "We want to do more than just donate," said Justin Ross, Caggiano's partner. "We are making the donation in the retailers' name so they can feel like they are part of the cause and even motivate people that may not have gotten around to participating." Ross continues that Bushman Products will also support the Lion's Den fund raising efforts with The Screaming O product for promotions and giveaways. "We thank the folks at Screaming O for their innovative and generous donation program and commend them for their leadership," said Diane Duke, Free Speech Coalition Executive Director. "When businesses like Screaming O look outside their own business models to help the industry, we all benefit." Those interested in participating in The Screaming O Retailer Donation Program can contact your adult novelty product distributor or e-mail mail@thescreamingo.com. Knoxville Pays $1.5M to Settle Adult Store Suit KNOXVILLE, TN - City officials have agreed to pay $1.5 million to settle a longstanding lawsuit filed by a video rental store that closed in 2001, ending a legal fight over an adult business ordinance that the Tennessee Supreme Court deemed "unconstitutionally vague" in 2005. The unconstitutional ordinance, which was written in 1979, outlawed stores with "significant" and "substantial" portions of sexually explicit inventory from locating within 1,000 feet of neighborhoods, recreational facilities and businesses selling alcohol. Fantasy Video, which stocked approximately 3,500 sexually explicit rental videos in a back room in addition to mainstream videos offered in the front of the store, was issued dozens of citations by the Knoxville Police Department under the old ordinance. An attempt by the store to comply with the ordinance by reducing its adult inventory was disregarded as a sham by a county chancellor, who granted the city an injunction against the store's owners. Fantasy Video eventually lost its lease and shut its doors in 2001. The state Court of Appeals reversed the injunction in 2004 and sent it back to Chancery Court for a determination of any damages due. The state Supreme Court affirmed the ruling the next year, and the U.S. Supreme Court declined to hear the city's final appeal in December 2005. The unconstitutional ordinance was replaced by a new one in 2005 that uses a 35 percent benchmark regarding the amount of merchandise, its monetary value, the interior floor space used for its display or the revenues gained by its sale. The city has also passed a second new ordinance related to adult businesses, one that imposes licensing requirements for employees of adult-oriented businesses in the city. The store's attorneys were reportedly prepared to ask for about $3.5 million in damages and fees. The city's new ordinance requiring employee licenses has led to three separate lawsuits filed on behalf of seven adult businesses and two individual performers. http://www.knoxnews.com/news/2007/aug/04/15msettlesstorecity-suit/ How Ideas Become Laws By Matt Gray I was six years old when I was introduced to the process of making laws. A young boy in the next grade was most unfortunately run over by a garbage truck that was in the process of backing up, but didn't see the youth. That tragedy hit the news and soon legislation was introduced (and passed), to require backup alarms to be equipped on all garbage trucks. Whether the proposed laws come in response to harming a child, a copycat Los Angeles bank robbery mirroring the movie "Heat" (Michael Mann, Warner Home Videos, 1995), some swindler, or other newsworthy event, the common underlying thread of motivation is responding to a need through reactive legislation. But there are plenty of ideas which don't involve tragic events, often ending up becoming new laws. How and why is worth exploring, since, regardless of whether it involves local, state, or federal government, the process is more or less the same. With some variation from jurisdiction to jurisdiction, local governments typically create laws known as ordinances. State agencies create regulations. Legislatures create laws. And, the people create initiatives for the ballot. The most basic summary of the lawmaking process is that someone has an idea, and then takes action to plug that idea into whatever established process there is, which in turn either leads to making a new rule, or changes an existing one. It is often useful to look at the existing law you want to change, and then to look at other jurisdictions to see how they handle the same problem or deficiency. For example, as a business professional you work hard to comply with all laws and even take extra precautions to make sure only the right people come to work for you. However, despite all of this goodwill and hard work, there are still some unscrupulous individuals who use fake documentation as a means of tricking their way into your business. Whether for money or fame, their motivations vary. But in the end, their selfish and reckless behavior may cost you personally and professionally — even though you did absolutely everything you could to in good faith prevent such an event. Sometimes the crook just gets lucky. So it becomes clear to you that existing law just doesn't do enough to protect you from these individuals, and these individuals from themselves. Your next step would be to write a summary of the problem and a proposed solution, as well as other supporting information such as anticipated support or opposition groups. Then you would begin to shop that proposal around to your elected officials to see if they will consider introducing that idea as part of their legislative package. If it seems overly simplified, then you are right. But it does provide an overview of the process. Additional obstacles come in the form of legislative restrictions for elected officials — where they are limited on the number of pieces of legislation they can introduce. Of course, this means you are now in competition with tens of thousands of other special interests who believe their legislative proposal is every bit as deserving as yours. As a result, your plea must be both compelling, concise, and clear — and it doesn't hurt to have long ago established a relationship with the elected official to help you stand out from the crowd. This is why such events as the annual Free Speech Lobbying Days, and involvement in campaigns is so important. This is why it is so important for FSC to maintain a lobbying presence in California (where a large percentage of the adult entertainment industry operates) and at the Federal level. Often, it's less about what we do in the moment around a specific bill that leads to positive results. More often, it's about having relationships in place in order to be heard when specific, damaging legislation is introduced, as we rally support for our cause through those ongoing relationships. ============================================================== Matt Gray is a senior lobbyist for Capital Alliance, a Sacramento based lobbying and government strategies firm. He can be reached at 916-444-5551, or by e-mail: matt@thecapitalalliance.com Email Xpress@freespeechcoalition.com for more information. Because of 2257 litigation, it's critical that we have your company's information complete in our database. Are you SURE your company's information is complete? Email UpdateInfo@FreeSpeechCoalition.com to update your company's information now. NOTE: The data we're tracking, related to 2257, has changed. Please update NOW. AUGUST 27-30 - Annual Gentlemen's Club Owners Expo, Las Vegas, NV AUGUST 27-30 - STOREROTICA Convention and Tradeshow, Las Vegas, NV SEPT 21-23 - ADULTCON, Los Angeles Convention Center I don't know the key to success, but the key to failure is trying to please everybody. -- Bill Cosby The very essence of leadership is that you have to have vision. You can't blow an uncertain trumpet. -- Theodore M. Hesburgh If you wish to be removed from our distribution list, please reply and type "Unsubscribe" into the Subject area.
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