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Delivering Weekly Censorship Updates to the Adult Entertainment Industry Vol. X, No. 20, May 25, 2007 - A Member Service of the Free Speech Coalition Free Speech X-press is researched and edited by Scott Ross. Copyright 2007 Free Speech Coalition. Permission to reprint granted to FSC members; please give credit. Anti-porn Campaigners Petitions Seeking Grand Jury Investigations in Kansas and Missouri KANSAS CITY, KS . - Last week leaders of local churches in six counties in both Kansas and Missouri turned in petitions requesting grand jury investigations of adult businesses in their communities for the "promotion of obscenity." A total of 32 businesses, including strip clubs, adult retailers, and video rental stores, were targeted. "It went very well," Phillip Cosby, executive director of the Kansas City chapter of the National Coalition for the Protection of Children & Families (NCPCF), the organization that spearheaded the petition drive, told XBIZ. "There was a meeting that culminated the delivery of a little over 20,000 signatures of registered voters in the six-county area. It was fairly dramatic to hit six counties in the same day. The prosecutors received the petitions well. We have had good conversations with them about the Missouri and Kansas obscenity statutes. We want the community standards question allowed and asked in the Kansas City area" The petitions will likely result in grand jury investigations for at least the businesses targeted in Kansas, where state law allows citizens to call for grand jury investigations. Missouri does not have a similar mechanism for the pubic to request a grand jury, but prosecutors who received the petitions in question in Missouri released a joint statement last Thursday saying they were alerting the businesses targeted to be aware of the state's obscenity law. "We would hope that the prosecutors on the Missouri side are moved to listen to those people in Missouri that did sign, asking that the obscenity statutes be enforced. But it is up to their discretion," Cosby told XBIZ. Cosby first rose to prominence in the national anti-porn movement due to his success in previously organizing similar petition drives that led to grand jury investigations in Kansas. http://xbiz.com/news_piece.php?id=23126 Attorney Fights Houston Anti-Adult Ordinance HOUSTON - Adult businesses in Houston face an impending crackdown under the city's decade-old adult business ordinance, which was recently given district court approval after a remand from the Fifth Circuit Court of Appeals. But AVN.com reports the battle of the controversial ordinance is not yet over. First Amendment attorney John Weston, who represents two of the largest adult cabarets in the city, continues to brand the ordinance unconstitutional, and has filed a motion with the Fifth Circuit for a stay of enforcement and/or an injunction against enforcement pending appeal that he believes he will be granted. "Nothing is over," Weston declared. "We think there are very, very major issues to be raised, including some matters that the district court just rendered decisions on that are the only ones in the history of the country that have ever been rendered in this fashion, and in the Fifth Circuit, the standard for getting a stay is basically, you just have to show that there are serious questions that you're raising, that the balance of hardships tips in favor of the party asking for relief, and that there's no serious hardship that would result to the other side in granting the motion." "The city withheld enforcement while the case was still at the district court level," Weston explained, "because in addition to filing a motion for injunction or stay pending appeal, we also filed a motion to alter or amend the judgment, which has the effect of staying the judgment, and the judge then ultimately denied both motions simultaneously, which had the effect of leaving us essentially naked and subject to enforcement. The city has taken the position, in a letter that it wrote to us, saying that it opposed our motion for injunction or stays pending appeal, and would, unless stayed by the court, enforce. And the city is at least taking that position in public statements, and I assume that the city will proceed against one or more businesses at this time." Whether the city actually does so will depend on how quickly the Fifth Circuit acts on Weston's motion, which is likely to be joined or adopted by a number of the other 193 individuals and businesses which originally sued the city over this ordinance back in 1997. Part of the intricacy of this fight is that Houston doesn't actually have zones or zoning laws, though the state has allowed the city to enact various ordinances which have effects very similar to the zoning ordinances found in other jurisdictions. However, one difficulty that the lack of zones - residential, commercial, and industrial, etc. - has created for both sides of this conflict is how to define the areas where the city says it will allow adult businesses to locate. The city "solved" that problem by creating what it called "residential circles," which are defined as any area of the city with a 1,000 foot radius within which 75% or more of the buildings are residences. Unfortunately, the city has never bothered to map out just where those "residential circles" are located. "The trial court relied on a novel theory that the existence of adequate 'alternative sites' can be proven solely by a city council's intent and reasonable belief, and that it is not necessary for a city to prove the existence of such sites in court," Weston's motion argues. No other court in the nation has embraced that proposition. There have now been countless legal challenges to adult zoning ordinances based on their failure to provide an adequate number of alternative relocation sites. "This is the sort of thing that's absolutely empirically verifiable," Weston stated. "It doesn't matter whether the city thought there were adequate alternative sites, even if the information on which they relied was reasonable. The point is whether in fact there are. And the ordinance is not constitutional unless it provides adequate sites. That's historic, as far back as Renton v. Playtime Theatres, [a seminal adult zoning case]." Weston's motion makes the point that no matter how the Fifth Circuit decides any of the issues he's raised, "this case is of such significance that it is inevitable that either the City or appellants will seek further review of any adverse ruling" because of the "unusually large number of significant constitutional issues." Therefore, he argues, the appeals court should maintain the status quo regarding adult businesses and restrain the city from enforcing its ordinance. "As we've pointed out, 'Look, the kinds of things that you talk about here that you think are the terrible things, if they were so bad, how come you weren't enforcing the ordinance against all the people that weren't protected by the [prior] injunction for the last 10 years? And more importantly, you've got all the laws you need. If you're saying you're concerned about prostitution, Texas has some very strong anti-prostitution laws.' Basically, any problem they claim that this ordinance will correct, they already have the power to deal with without it." The Fifth Circuit has no deadline by which it must consider Weston's motion, and as noted above, it took six years to issue its ruling on the original summary judgment. But the sooner it does act, the sooner Houston can enforce whatever legitimate rules are left to it ... and the sooner adult businesses can carry on without the cloud of impending disaster hanging over their heads. http://avn.com/index_cache.php?Primary_Navigation=Articles&Action=View_Article&Content_ID=289130 9th Circuit Ruling Could Affect Adult Websites PASADENA, CA. - A recent decision by the 9th U.S. Circuit Court of Appeals opens the possibility that adult matchmaking websites are in danger of losing their "safe-harbor" protections provided by the Millennium Copyright Act (DMCA), according to an AVN.com report. In a 2-1 ruling, the 9th Circuit ruled that Roommates.com did not qualify for similar safe-harbor protections provided by the Communications Decency Act (CDA) failed because the website set out to collect information in a manner that helped shape the content. The ruling can be interpreted to mean that safe-harbor protections do not apply to content published on a website by people other than the site's owner. Roommates.com created a computer program that filtered applicants for co-habitation reasons. Roommate seekers listed characteristics about themselves and what preferences they sought in a potential roommate. In the Roommates.com registration process, the website asked questions about a user's gender, sexual orientation, and number of children. The Fair Housing Councils of San Fernando Valley and San Diego sued Roommates.com, alleging that by asking for certain roommate information, the company violated the Fair Housing Act by assisting landlords in discriminating against certain prospective tenants. In its defense, Roommates.com countered the Fair Housing Councils' assertion by stating the lawsuit was ineffective as to Roommates.com, because the online company was protected by the CDA Safe Harbor provision. A lower court initially agreed with Roommates.com's defense and entered a judgment stating the online company could not be sued based on CDA section 230 Safe Harbor immunity. The Fair Housing Councils appealed the case to the three-judge 9th Circuit Panel. In a divided ruling, Judge Alex Kozinski wrote in his majority opinion that, "if it [a website] is responsible in whole or in part, for creating or developing the information, it becomes a content provider and not entitled to CDA immunity." So, is the 9th Circuit's present decision in the Roommates.com case a foreshadowing of future legal actions against online adult dating websites, ones in which it will be argued that the DMCA Safe Harbor does not apply? Perhaps. Adultfriendfinder.com, Alt.com, and even traditional dating sites like Harmony.com and Match.com always are looking for creative ways to differentiate people for matchmaking purposes. The questions they ask certainly appear to constitute the creation of content applying the judicial logic in Roommates.com decision. One notable attorney took issue with the Roommates.com ruling. "While I understand the court's reasoning regarding the 'closed ended' questions barring Roommates from Section 230 immunity, I have a real struggle with being on that slippery slope to begin with," said Seattle-based attorney Robert S. Apgood. "Why can't we be open to the use of selection criteria when choosing with whom we wish to live? Doesn't Roommates.com facilitate a more efficient vehicle for that selection?" The ability to choose a roommate is quite similar to choosing a mate. "The selection of a mate [is] tantamount to the selection of with whom one lives." Apgood added. "How very thin is the line between selecting a date and selecting a mate?" This isn't to say that the adult matchmaking sites are in imminent peril of losing their safe-harbor protections. In the 9th Circuit's holding, Kozinksi stated that removing safe-harbor protection is to be applied when content formation clearly can be used for a wrongful purpose. The judge states that safe-harbor provisions in the CDA do not provide immunity to those "who actively encourage, solicit, and profit from the tortious and unlawful communications of others." In other words, context matters. http://avn.com/index_cache.php?Primary_Navigation=Articles&Action=View_Article&Content_ID=289187 Sentencing Delayed for Fourth Time in Classroom Computer Porn Case NORWICH, Conn. - Sentencing has been delayed for a fourth time in the controversial case of Julie Amero, the former substitute teacher who faces up to 40 years prison after her conviction on charges that stem from pornographic pop up ads appearing on a classroom computer. The sentencing hearing for Amero, which was scheduled for last Friday, has been moved to June 6. She was originally scheduled for sentencing on March 2 after being convicted of four counts of risk of injury to a minor in January in a case that many believe never should have been brought to trial. No explanation for the new sentencing date was offered by either the prosecution or defense. Amero was substitute teaching a seventh-grade class in October of 2004 when pornographic material began to appear on the classroom's computer. Several of the children saw the adult images, which appeared for at least two hours. Amero claims that while she had accessed the Internet during the school day, she did not visit any adult sites. She believes that the adult images were the result of malicious software that was likely inadvertently installed prior to her use of the computer, a contention that has drawn the support of computer experts around the world. Key testimony from a defense expert that would have supported that the pop-up ad defense was barred by the presiding judge after Amero's defense lawyer failed to file the proper paperwork. Prominent Connecticut attorney William F. Dow III has recently taken over her defense. http://www.norwichbulletin.com/apps/pbcs.dll/article?AID=/20070518/NEWS01/705180324/1002 Lobbying Process 101 - Continued In our previous two installments, we've watched a health-related initiative (mandating sugarless sodas only in America's public schools) begin its journey through Congress via a start-up coalition and an interested congressman. The bill is currently being considered by the Health Subcommittee of the U.S. House's Energy & Commerce Committee, which has held a hearing on the bill to flesh out its pros and cons. The time has come for a subcommittee vote. How do the Members decide? Since word of the bill first got out, Member offices have been deluged by requests for time. Food-related trade associations, soda companies, and press outlets have all called relevant staffers asking for intelligence and information about the bill and predictions on what will happen. Staffers have endured dozens of meetings with these "stakeholders", all the while briefing their bosses (the Members of Congress) on who wants what and who should be listened to. As mentioned in part two of this series, Members have a lot to consider in weighing how to vote, from their constituents' opinions to the impact on businesses in their respective districts to the spin the media could unleash on their decisions. Each Member has his or her own interests to protect and districts to represent, so none of these decisions are easy. One Member may have a disproportionate number of obese children in his or her district, so voting for the bill would be a great decision toward improving the health of that district's children. However, another subcommittee Member might have a large soda company headquartered in-district, so a "yes" vote on the bill would anger the company and the hundreds (if not thousands) of employees who vote to keep that Member in office. And, as you've probably guessed, contributions to the committee Members' campaigns could be affected, as food and beverage companies might express their displeasure with a "yes" vote by sending their money elsewhere. The time has come for Members to weigh all of the considerations and decide what to do. They have all that they need to make an informed decision, having spoken to all of the relevant stakeholders and been thoroughly briefed by staff. Members know who's for the bill and against it, and it now boils down to what's best for the district. Looming, however, are donor concerns, the whims of the subcommittee's chairperson (who always has an opinion on which way the vote should go) and, of course, the Member's own beliefs and ideals. Do they offer amendments to the bill (which any subcommittee Member can propose) to alter/improve/strip certain language in furtherance of their stakeholders and constituents? Do they vote for the amendments of other Members? It's gut-check time. Votes are cast and the bill narrowly makes it out of the Health subcommittee. This will make the voting at the full committee (Energy & Commerce) level even more contentious, as Members who are not on the Health subcommittee have been waiting for an opportunity to be heard and offer their amendments. The chairperson of the full committee now presides over the action, and maintains procedure and order throughout the full committee markup. The Health subcommittee had 33 Members offering their opinions, amendments, and views and now the musings of 24 additional individuals must be considered. Additionally, the full committee Members who are not on the Health subcommittee (but rather on other Energy & Commerce subcommittees) weren't able to ask questions at the subcommittee hearings on the bill, so they might ask the chairman to hold another hearing or set of hearings. It pandemonium to a degree, but nothing like what the bill will endure if it passes out of the full committee and heads to the House floor for "final passage" before the entire U.S. House of Representatives. Victory! The bill survives the committee craziness and now heads to the main event (or, more properly stated, the House floor). Now is the time for the remaining 378 Members of Congress to air their views on the bill, with the 57 Energy and Commerce Committee Members all still in the mix as well. However, there is a semblance of order to be sure, as a number of rules govern the consideration of bills on the floor of the full House. Rather than tick through all of them (there's a book-full), know that one of the most important and constrictive rules governs the offering of amendments to bills in front of the full House, and how they must be germane (or relevant) to the legislation being offered. The powerful House Committee on Rules (yes, yet another committee) governs what amendments can and can't be offered, and there is much wheeling and dealing in this regard. Thus, if a Member of Congress wanted to attach to our health bill an amendment granting favorable trade status to another country, it would probably be blocked and wouldn't be considered. Or would it? Again, the Rules Committee is a unique and complex animal where many deals are done. After vigorous floor debate on our bill, with Members from all over the country offering their five-minute views (as is usually the allotted time during floor debate), a vote of the full House - all 435 Members - is conducted to determine final passage. And…it…PASSES! Final tally is 252-183, and the Eat Smart Coalition, which generated the initial idea for the bill, can now celebrate. So that's it, right? The bill now becomes law? Sadly, it's not even close. The bill is now sent to Congress's other body, the U.S. Senate. It will wend a similar path through comparable committees and debate, and hopefully survive to reach the Senate floor. If passed, it must then go through additional scrutiny in a House/Senate conference, which is comprised of House Members and Senators who oversee the final details and particulars of the bill. THEN, the finished bill is presented to the President of the United States, who can either sign it into law or kill ("veto") it via the powers vested in him (or her!). The only way to override a veto is by another vote of the full House and Senate (comprised of 100 senators) for just that purpose, which must result in two-thirds of all Members voting to override the President's decision (so the vote must result in at least 288 House votes and 66 Senate votes). Should the President's veto survive, the bill dies but can be re-introduced only to undergo the same, massive trek that it's already been through to hopefully reach the President's desk and decision-making power again in the future. Fun! Who wants to register to become a lobbyist?! Single-file, please. No pushing. 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. MAY 26 - Arizona Fetish Ball, Scottsdale, AZ JUNE 7-10 - Cybernet Expo, Tampa Bay, Florida JUNE 22-24 - Erotica L.A., Los Angeles Convention Center JULY 16-18 - ANE - Adult Novelty Expo, Universal City, CA 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 You can turn painful situations around through laughter. If you can find humor in anything, even poverty, you can survive it. -- Bill Cosby A successful man is one who can lay a firm foundation with the bricks others have thrown at him. -- David Brinkley
Delivering Weekly Censorship Updates to the Adult Entertainment Industry Vol. X, No. 21, June 1, 2007 - A Member Service of the Free Speech Coalition Free Speech X-press is researched and edited by Scott Ross. Copyright 2007 Free Speech Coalition. Permission to reprint granted to FSC members; please give credit. Adult Novelties Never Intended as Target of Controversial Alabama Obscenity Law MONTGOMERY, AL - Two government officials responsible for the controversial adult bill banning the sale of sex toys have spoken out for the first time since the bill was passed in 1999, claiming that sex toys were never the focus of the anti-obscenity bill, first proposed in 1998. Sen. Tom Butler and Madison County District Attorney Tim Morgan told the Huntsville Times that the Anti-Obscenity Enforcement Act they helped bring about was originally designed to shut down strip clubs, and that the one line in the 14-page bill that refers to the sale of sex toys was included by legislative aids modeling the bill on similar legislation in other states. "Neither Tom Butler nor myself or anybody drafted the bill," said Morgan, adding that the task was the state's Legislative Reference Service's responsibility. Butler's and Morgan's comments were the result of media coverage following adult retailer Sherri William's recent appeal of the bill to the United States Supreme Court last week. "It's become quite an embarrassment to the state," Williams said, who argues that the bill is an unconstitutional intrusion into the bedroom. However, Morgan believes the law is constitutionally sound, and expects that the Court will likely decline to hear the case. The law has not been enforced since the bill's passing while the constitutionality of the law has been challenged in court. If the Supreme Court declines to hear the case, then as early as this summer sale of adult novelties in Alabama could lead to a maximum of one year in jail and a $10,000 fine. The law does not prohibit possession. That doesn't mean that Alabama's adult retailers need fear a crackdown. While Morgan acknowledges he would consider such a case, he doesn't plan to start a campaign against vendors of adult novelties. "Sex toys are not the highest priority on our radar right now." Georgia, Texas, Nebraska, Virginia, Mississippi and Louisiana maintain similar bans on the sale of sex toys. http://www.al.com/news/huntsvilletimes/index.ssf?/base/news/1179738967311530.xml&coll=1 Coverage of Texas Sex Toy Arrest Questions Worthiness of Applicable Law LUBBOCK, TX - A local television station reports that community standards may be a little bit more progressive than the local district attorney thinks. The arrest of a Somethin' Sexy store clerk earlier this month for having sold two adult novelties to an undercover police officer has prompted a buzz within the town about whether or not the applicable law is archaic. According to KCBD, an NBC affiliate, Lubbock police executed a search warrant at Somethin' Sexy earlier this month, after receiving a complaint that the store was selling obscene devices. KCBD reports that "some people in town say enforcing this law seems like a waste of resources." Texas law defines sex toys as obscene, and furthermore considers the possession of six or more sex toys as evidence of intent to promote obscenity. "To me, a common sense approach would have been to come in and say, 'hey, they may do this stuff in Dallas, but this is Lubbock, Texas, and we'll give you 24 hours to get it off the shelves,'" said store owner Gary Evans. "I feel like I'm in 1690 Salem, Massachusetts and we're looking for a witch to burn." Evans reportedly asked to take the rap in lieu of his employee, but police refused. No court date has been set for the arrested store clerk, but if convicted, she would have to register as a sex offender. KCBD's online coverage of the story took the unusual step of including a link to the addresses of state legislators supposedly for the convenience of those who wish to complain about the law. http://www.kcbd.com/Global/story.asp?S=6555477&nav=3w6y SlaveSpace.com Conviction Upheld BROOKLYN - Glenn Marcus, the webmaster of extreme bondage site SlaveSpace.com, lost an attempt to have his March conviction on sex trafficking and labor charges overturned last week despite an acknowledgement by the presiding judge that his conviction represented a "novel application" of the relevant laws. Judge Allyne Ross of the Eastern District of New York rejected arguments by Marcus' attorneys Maurice Sercarz and Julia Gatto that because their client's conduct was part of a domestic relationship with the complaining witness, identified in court papers only as "Jodi," the Trafficking Victims Protection Act of 2000 was not applicable to the case because Congress did not intend for the statue to apply to private conduct and domestic relationships. "While this case undoubtedly presents a novel application of the forced labor and sex trafficking statutes, the evidence at trial was sufficient to show that defendant's conduct fell within the plain language of the statutes," Judge Ross wrote in a 42-page opinion. "The defendant argues that the existence of a prior consensual relationship between the defendant and Jodi in which the infliction of punishment and pain was part of their mutual sexual gratification makes it impossible to determine whether the defendant abused Jodi to compel the performance of a commercial sex act," Judge Ross wrote. Ross also rejected the defense argument that the term "commercial sex act" did not apply when the defendant was being paid for appearing in photographs of sex acts, rather than being paid for the sex acts themselves. "The court acknowledges that the issue of whether the government proved beyond a reasonable doubt that the defendant used non-consensual force, fraud or coercion to cause Jodi to engage in a commercial sex act is difficult and complicated. However, this was precisely the question that the jury was charged with resolving, and the evidence was adequate to support its conclusion," Judge Ross wrote. Jodi was in a consensual relationship with Marcus from 1998 to October 1999, living with him and working for him. Among her duties were building and maintaining Marcus' Web site, which included photos of her engaged in submissive play. Jodi testified that in an incident that occurred in October 1999, Marcus handcuffed her to a wall. She convinced another woman to release her, but Marcus was alerted and had her put on the wall again. He stuffed a whiffle ball inside her mouth, shut her lips with surgical needles, and placed a hood over her head before whipping her with a cane and having sex with her. He then handcuffed her to a flat board and continued to "brutalize" her. Jodi said the incident left her terrified and fearful that she could not leave the relationship. Due to threats by Marcus that her BDSM pictures would be sent to her family, Jodi kept in contact with Marcus until 2003, trying to prevent the pictures' spread. She finally went to the authorities in 2003. Sercarz said that he would appeal the decision to the 2nd U.S. Circuit Court of Appeals. "I think this is a case calling for lenity and a narrow reading of the statute," Sercarz told the New York Law Journal. "If you read the statute as broadly as the government would have you read it, it is going to subsume within it a lot of day-to-day, innocent conduct. It seems to me there is no federal interest being vindicated here." Marcus faces up to 30 years in prison as a result of his conviction. He was originally charged with obscenity charges in addition the sex trafficking and labor laws, but was not convicted on those charges. The case is U.S. v. Marcus, 05-CR-457. http://www.law.com/jsp/article.jsp?id=1179997531994&pos=ataglance Monroe County Libraries Ban Adult Sites On Computers ROCHESTER, N.Y. - Following a recent threat of funding cuts, the Monroe County library system has agreed to block all adult websites from being viewed on public library computers, according to an XBIZ report. This has sparked another censorship argument between county officials and the library board. In March, the county was essentially forced to use Internet filters, following a similar budget-cut threat by County Executive Maggie Brooks. County spokesman John Durso told XBIZ that the county libraries rely almost entirely upon the $6.5 million in discretionary funding from Monroe County, funding which officials have the option of whether or not to continue each year. Patrons older than 17 once had the opportunity to request the filters be shut off while viewing, but with the new policy, users must submit a written request to the library's director, and - once he or she deems the site appropriate - the user can view the website in question. These policies all were drafted with minors in mind. "People are coming into that library prior to this policy being changed, accessing pornography and putting children, families and other library patrons at risk," Brooks said. "And that's unacceptable in a public institution funded by taxpayer money." Adult industry lawyer Joe Obenberger told XBIZ that there are less restrictive ways to prevent children from viewing adult material at the library. "If the argument that blocking adult access to websites is necessary to protect children walking by," he said, "the only rational solution consistent with freedom of thought and expression is to put adult computers in a place where children are prohibited, to place computers facing away from walls with partitions between them, or to put the users in carrels or booths that block the view of persons who may be offended or arguably injured by exposure to sexual depictions." Board members say they are not entirely sure, however, how to implement this new policy - town libraries already have Internet policies in place, and it's unclear how they all will mesh - and how librarians will decide what is, and isn't, inappropriate for viewing. http://xbiz.com/news_piece.php?id=23259 The New Golden Rule By Matt Gray Assembly Bill 1551, by Assemblyman Chuck Calderon (D-Whittier), has met with a number of delays and may now have its first policy committee hearing as early as June 11th in the Assembly Revenue and Taxation Committee. This bill, you'll recall, blames adult entertainment for crimes against women and children, blight, reduced property values, and seeks to impose multiple taxes upon adult products to ameliorate those fabricated claims. From my vantage point, I cannot help but feel there is something ground zero'ish about the idea behind this legislation. Think back a few years; remember when there was no such thing as a "carjacking?" One day it happened on the east cost and news networks throughout the nation broadcast the story. Within days, there were copycat carjackings in numerous other states. In this age of technology, when information travels at the speed of light, ideas reach a much broader audience and the lead time for action is dramatically reduced. With that in mind, a ridiculous idea that gets traction in a distant jurisdiction, may soon be embraced where you live. Joseph Goebbels was Nazi Germany's Propaganda Minister. An entire country (and more), willingly committed heinous crimes against humanity based upon his fundamental strategy: If you tell a lie big enough and keep repeating it, people will eventually come to believe it (and take action). One way or another, history finds ways to repeat itself. For better or worse, ideas can catch-on. In Policyland (not the happiest place on earth), ridiculous ideas are often proposed with full recognition that they may at first be shot down and killed. They are called "Statement Bills," or policy pieces which are intended to provide a platform from which to expound fundamentalist ideals. These proposals need not be based upon any truth or degree of popularity to be promoted, but they do get headlines and attention. If it dies, then the next time comes around and the idea is proposed again (but in a slightly different way). The proponents have had more time to flesh out concerns and look at better ways to craft their message, find more news stories to support their argument, and even motivate a more active voter base. If this doesn't work, there is always next time. They keep repeating the message. Gradually, some portion of the original propaganda catches on and becomes adopted as policy. Through an unrelenting, very concerted effort, a nationwide trend is emerging that should immediately concern you. While it is nothing new that a minority segment of society wants sexual expression locked up, and controlled or extinguished, it is new that public policy makers are actually paying any attention to them-and taking action. In part the attention trend is due to the uncertain political parties' response to waning membership numbers. The parties are selectively discarding their traditional values to appeal to more mainstream voters who are gravitating towards a decline to state registration status. The republicans are becoming "compassionate", and the Democrats are becoming tougher on crime - and soon they'll all be Demopublicans (not for a true Republic, but for demonstration purposes only). But the attention trend is also due to these fundamentalist special interests promoting their own candidates to higher and higher elected positions, so their self-loathing, distrustful, and fear based politics can permeate public office. As the 2008 elections draw near, the adult entertainment industry is on the sidelines looking at which candidates are the lesser of the evils and voting (or not), on what they are given. For the fundamentalist special interests, they have their people in the race. The biting irony here is that our country was founded upon escape from religious oppression; and yet here we are, being oppressed by religious fundamentalists. In our country's short life, the religiously liberated have sought to impose upon everyone the alcohol prohibition, as well as censorship over rock and roll, footloose dancing, beachwear and pants versus skirts for women, and of course adult entertainment. If you sit back and do nothing, then I promise you it will only get worse. Ohio just passed a law which imposes no-touching restrictions, closes all bookstores and juice bars at midnight, at liquor clubs girls have to cover-up at midnight, and even casual contact can result in 30 days in jail or a $500 fine. It is expected to pop-up soon in Kentucky and Florida. Texas just imposed an entrance fee (tax) on clubs, and is trying to enforce a whopping 1500 foot buffer zone between specified adult businesses and churches, schools, etc. California has AB 1551, and earlier this year we put the kibosh on an idea to prohibit anyone under the age of 21 from performing nude. So here it is, the New Golden Rule: If you allow oppression and censorship to happen to another person, you ultimately allow it to happen to you or those you care about. When you see "it" rearing its head, take immediate action to beat it down so the disaster does not spread. But we cannot prepare at the eleventh hour. So today, right now, reach out to EVERYONE you know who shares your views on protecting free speech, get them in contact with Free Speech Coalition and sign up as an advocate. Then enlist them to in turn go to everyone they know to do the same. The defeat of California's AB 1551, political action in upcoming elections, and protecting adult entertainment in every other state, is a 'do or die' situation and if the adult entertainment industry does not fully come together to flex its political muscle and fully focus its energy, then the fundamentalists will continue with their campaign of oppression. ============================================================== 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. JUNE 7-10 - Cybernet Expo, Tampa Bay, Florida JUNE 22-24 - Erotica L.A., Los Angeles Convention Center JULY 16-18 - ANE - Adult Novelty Expo, Universal City, CA 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 Real success is finding your lifework in the work that you love. -- David McCullough (1933 - ) It's just a job. Grass grows, birds fly, waves pound the sand. I beat people up. -- Muhammed Ali
Delivering Weekly Censorship Updates to the Adult Entertainment Industry Vol. X, No. 22, June 8, 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. Max Hardcore Indicted on Federal Obscenity Charges CHATSWORTH, CA - The Department of Justice indicted adult producer/director Max Hardcore on federal obscenity charges filed last week in Tampa, Florida. According to AVN, the ten-count indictment charges Hardcore with "transporting obscene matter via mail and computer." The indictment states that Hardcore "knowingly used an interactive computer service [...] in and affecting interstate commerce for the purpose of selling and distributing obscene matter," citing the transmission of five online video clips. Hardcore is also charged with mailing DVD copies of Max Hardcore Extreme Vol. 20, Pure Max 19 Euro Edition, Fists of Fury 4 - Euro Edition, Planet Max 16 - Euro Edition to a post office box in Tampa "on or about January 18, 2006." If convicted of the charges, Hardcore is subject to forfeiture of merchandise, profits and property associated with the "obscene" matter, including his home in Altadena, Calif. The government is also seeking forfeiture of the director's websites maxhardcore.com, pissedonpornstars.com and catalinaxxx.com. A DOJ press release describes Max (aka Paul Little) as a "nationally-known director, producer, and star of films featuring acts such as anal penetration, urination, insertion of an entire hand into a vagina or anus, vomiting, and severe violence" involving female performers. Hardcore is scheduled for arraignment on the charges on July 12th. The director turned himself in to California authorities on May 30. A statement issued by Hardcore's attorney, Jeffrey J. Douglas, called the director "the most recent target of the Justice Department's effort to suppress freedom of speech." "These are five movies depicting consensual acts between adults, exclusively for consenting adults. There is nothing criminal about these movies," said Douglas. Diane Duke, executive director of the Free Speech Coalition, questioned the wisdom of the Justice Department's decision to allocate resources to prosecuting adult entertainment. "We are talking about adults viewing material produced by adults utilizing adult actors. Gonzales is already under the spotlight for pushing his personal agenda. This is just more of the same." http://avn.com/index.php?Primary_Navigation=Articles&Action=View_Article&Content_ID=289624 FBI Inspects JT Video Records HOLLYWOOD, CA - AVN reports that FBI agents met with adult producer JT on the last day of May to inspect 2257 records for two gay titles produced by his company JT Video in 1997. "They were outside my apartment when I got home from work," JT wrote in an e-mail to AVN. "They were only interested in two titles: Employee of the Month and Four Rooms. They purchased the two movies from amvc.com. They had printouts of the disclaimers I recorded at the head of the tapes and the DVD box covers." While 2257 regulations state that movies more than seven years old are exempt from inspection, the material fell within the statute of limitations because another company reissued the titles with a 2003 copyright on the box cover. A similar situation reportedly led to the recent FBI records inspection of Mark Stone's now-defunct company Moonlight. "The inspection lasted about one hour," JT told AVN. "It would have been less but they were having problems with their printing equipment. I showed them the documents I had. They also wanted to see a spreadsheet. They were satisfied with IDs, [model] releases and the spreadsheet. Unfortunately, they found two minor violations. I wasn't expecting them to ask for a spreadsheet [with performer names], and fortunately, I prepared that years ago and had it on my computer. If I didn't have that, it would have been another violation!" According to JT, the first violation stemmed from his use of a post office box as a mail drop address for location of records. The second violation involved JT's business hours. In order to allow the FBI agents to inspect company records, 2257 law requires adult businesses to maintain at least 20 business hours per week. JT failed to meet this requirement because adult entertainment is only a sideline, not his primary occupation. Agents reportedly told JT that he would most likely not be prosecuted for the minor violations and that "the worst would be a fine." http://avn.com/index_cache.php?Primary_Navigation=Articles&Action=View_Article&Content_ID=289645 Missouri Store Owner's Obscenity Conviction Overturned ANDERSON, MO - The conviction of an adult store owner charged with three misdemeanor counts of promoting obscenity was overturned last week by a state court of appeals. The appeals court overturned the conviction of Midnite Video South owner Robert Crump Jr. because of a procedural error on the part of the trial court. The case has been remanded for a new trial Crump was arrested after clerks at Midnite Video South sold three adult videos to undercover law enforcement operatives in separate instances that took place between April 2004 and January 2005. In its opinion, the appellate court concurred with Crump's argument that Judge John LePage erred in overruling a defense motion to dismiss the charges based on the fact that an affidavit of probable cause failed to describe the content of the allegedly obscene videos. http://xbiz.com/news_piece.php?id=23367 Thai Prosecutors Drop Porn Charges Against John T. Bone PATTAYA, Thailand - Thai prosecutors have dropped charges against John Gilbert Bowen, aka John T. Bone, according to XBIZ. Bowen wrote on his blog that Thai prosecutors have dropped the various pornography offenses he was charged with in April. Bowen told XBIZ he is leaving the country and will be in the U.S. in a few days. Bowen, best known for directing Annabel Chong in "The World's Biggest Gang Bang," was arrested with two associates in April for filming and selling pornography in Thailand, where both the production and sale of adult material is illegal. Police seized all of his equipment, including cameras, computers and a customer list. Bowen said that the prosecutor decided there was no case to answer, and that he was free to leave the country. "Believe me, it will take no time at all to pick up my laundry and head for the airport," Bowen said. http://xbiz.com/news_piece.php?id=23383 Police Raid Adult Website Performer's Home FORT MITCHELL, KY - A couple that operate an adult website out of their apartment are being investigated by local police for violating the municipality's sexually oriented business law. Jennifer Lunsford, aka Jen Madison, and her husband Michael Lunsford run JenMadison.com, an amateur site promoted as "The Naughty Wife Next Door," and featuring the 33-year-old Lunsford playing the part of the horny housewife. The site contains pictures, videos and three live-cams running 24/7. Armed with a search warrant, investigators raided the Lunsford's home on May 25, seizing two computers, a digital camera, a video camera and other computer equipment as evidence. Fort Mitchell police began its investigation of the pair in February after it received an anonymous tip that adult movies were being produced in the Lunsfords residence. No charges have been filed. If convicted, the Lunsfords face only a $250 fine. The couple moved back to New York, where they are originally from, shortly after the raid, according to the Cincinnati Enquirer. http://news.enquirer.com/apps/pbcs.dll/article?AID=/20070603/NEWS01/706030333 Federal Court Finds Blurted Obscenities Don't Breach Decency WASHINGTON, D.C. - A federal appeals panel has struck down the government policy that authorizes fines for stations and networks if they broadcast shows containing obscene language. Monday's 2-1 decision by the U. S. Circuit Court of Appeals could inhibit the ability of the Federal Communications Commission to regulate any speech on television or radio. The suit was in response to the F.C.C crackdown on broadcast language that began in 2003 when the commission reversed decades of policy and began a strict interpretation of their undefined policy. The ruling was the result of a lawsuit brought by Fox, CBS, NBC, and ABC that was concerned primarily with blurted obscenities, referred to in the legal proceedings as "fleeting expletives." The decision vacates an indecency ruling against the Fox TV network for separate incidents in 2002 when singer Cher said, "Fuck 'em," and in 2003 when celebrity Nicole Richie said, "It's not so fucking simple," live on television at the Billboard Music Awards. The case has been sent back to the commission to rewrite its indecency policy, but the court indicated that they believed that the policy could not be revised in a way that would be able to "adequately respond to the constitutional and statutory challenges raised by the networks." In a majority opinion written by Judge Rosemary Pooler, the appeals court said, "With that backdrop in mind, we question whether the FCC's indecency test can survive First Amendment scrutiny. For instance, we are sympathetic to the Networks' contention that the FCC's indecency test is undefined, indiscernible, inconsistent, and consequently, unconstitutionally vague." "It appears that under the FCC's current indecency regime, any and all uses of an expletive is presumptively indecent and profane with the broadcaster then having to demonstrate to the satisfaction of the commission, under an unidentified burden of proof, that the expletives were 'integral' to the work. "In the licensing context, the Supreme Court has cautioned against speech regulations that give too much discretion to government officials," the court said. The F.C.C. is now considering whether to seek an appeal en banc or to take the matter directly to the Supreme Court. CAPITOL HILL INTRODUCES TWO NEW PIECES OF LEGISLATION TO MANDATE SITE LABELING WASHINGTON, D.C. - One of the ongoing debates on Capitol Hill, housed under the rubric of "protecting youth online," is the requirement that sexually explicit websites be mandated by law to include a labeling regime. While many organizations, including the Free Speech Coalition, support tools that allow effective filtering of sexual contact (including some labeling regimes), having the federal government mandate that labeling is both ineffective and potentially unconstitutional is a problem. The mandatory labeling legislation in the current Congressional session has been brought to you by Sen. Ted Stevens (R-AK) and Rep. Lamar Smith (R-TX). S. 49, the Protecting Children in the 21st Century Act, was introduced by Sen. Stevens on January 4, 2007, the first day of this Congress. It includes a provision requiring the operator of a website to label every page which includes sexually explicit materials with marks or notices determined by Federal Trade Commission. Penalties for failing to comply with the provisions include fines and/or up to 5 years in prison. There are currently no co-sponsors and the legislation was referred to the Senate Commerce, Science and Transportation Committee. A similar provision is included in H.R. 837, the Internet Stopping Adults Facilitating the Exploitation of Today's Youth Act (SAFETY) of 2007, introduced by Rep. Lamar Smith (R-TC). The bill was sent to the House Judiciary Committee and currently has nine co-sponsors, all Republicans (see the Mar. 1 edition of XPRESS for more on H.R. 837). Having the federal government "mandate" the labeling of adult materials has raised a number of concerns in terms of effectiveness and constitutionality. Since U.S. law can only affect websites in this country, the hundreds of thousands of overseas adult sites would not be covered, making the provision ineffectual. The broad language defining "sexually explicit" material would sweep in content that is clearly outside the realm of "adult entertainment". In addition, these provisions raise serious constitutional concerns by stigmatizing material that, while disfavored by some, is completely legal. Finally, much of the adult entertainment industry understands the value of notifying internet users when they are entering adult space. The "Restricted to Adults" tag developed by the Association of Sites Advocating Child Protection (ASACP) is already in use on many sites, and has the potential to be much more effective, and universal, than anything the federal government could impose. While no action is currently planned for these bills, FSC will continue to track these legislative proposals and educate policy makers about the flaws of the legislation in the hopes of seeing them defeated. -- FSC's Federal Lobbying Team 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. JUNE 7-10 - Cybernet Expo, Tampa Bay, Florida JUNE 22-24 - Erotica L.A., Los Angeles Convention Center JULY 11-13 - XBiz Summer '07 Forum, Hard Rock Hotel and Casino, Las Vegas, Nevada JULY 16-18 - ANE - Adult Novelty Expo, Universal City, CA AUGUST 3-5 - Internext, Hollywood, FL 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 Minds are like parachutes. They only function when they are open. -- Sir James Dewar, Scientist (1877-1925) No person can be a great leader unless he takes genuine joy in the successes of those under him. -- W. A. Nance
Delivering Weekly Censorship Updates to the Adult Entertainment Industry Vol. X, No. 23, June 15, 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. Downtown Los Angeles Condo Owners Insist Adult Store Relocate LOS ANGELES, CA - It often seems as if efforts to shut adult businesses down are limited to Podunk Bible Belt towns, but the recent outcry against a new adult retailer in downtown Los Angeles proves that opponents of free speech are everywhere. An adult retail store, the name of which was not reported by the Los Angeles Downtown News, the paper that broke the story, opened on the ground level of the restored Bartlett Building, part of the Historic core of downtown Los Angeles. The multi-use building, with retail space on the ground and condominiums upstairs, is part of the efforts to revitalize downtown Los Angeles. The building’s developer spent $15 million converting the structure, built in 1911. Due to the pressure of local residents, storeowner Bruce Kim told the Downtown News that he would likely shutter his store soon. “I cannot sell the adult movies I have to move,” Kim told the Downtown News. “But I spent all of my money on this store. They’re killing me. When I signed the month-to-month lease, I told the landlord that I was going to sell DVDs and adult movies, and he said he didn't care what I was selling.” Building developer Barry Shy said that Kim never disclosed that he would be selling adult videos. Kim insists that he informed the leasing agent handling the space about his intent to sell adult videos, and was told it didn’t matter. Kim is on a month-to-month lease and has been told he will be evicted if he does not cease selling adult videos. http://www.downtownnews.com/articles/2007/06/04/news/news03.txt Webmaster Pleads Guilty to Obscenity Charges ORLANDO, FL - The U.S. Justice Department announced last week that Danilo Simoes Croce, the Brazilian webmaster who operated domains under the company name Lex Multimedia, pleaded guilty to a single count of conspiracy to use the mail for delivery of obscene material. Croce entered his guilty plea before Judge Gregory Presnell of the U.S. District in Orlando, agreeing to pay a $2,000 fine and to forfeit $98,000 in cash. Croce also will forfeit to the U.S. government all “equipment and materials connected with his business operations in Florida, all copies of certain obscene films in the company's possession, and all Internet domain names used by Lex Multimedia,” according to a Justice Department statement. Lex Multimedia also conducted business under the names Lexus Multimedia, MFX and Dragon Films. Although Croce’s websites were all hosted on servers located offshore, employees of Lex Multimedia located in the Orlando area fulfilled orders placed for videos through the websites, according to the Justice Department. Payments for the videos were deposited in the company’s bank accounts in Orlando before being transferred offshore. Croce was indicted by a federal grand jury in Orlando in September, and was arrested shortly following the indictment while on a trip there to oversee the operation of his business, the Justice Department said. Croce was then detained for a period of 45 days before being released on $10,000 bond. In addition to fines equipment forfeiture, Croce faces a maximum of five years in prison on the conspiracy to deliver obscene materials charge. Sentencing in the case is set for Aug. 29. Former Substitute Teacher Granted New Trial in Internet Porn Case NEW LONDON, CN - The substitute teacher convicted in January on four counts of risk of injury to a minor after allegedly failing to prevent a classroom of seventh graders from seeing online pornography has been granted a new trial. In January, a jury found Julie Amero guilty on four felony counts of risking injury to a minor or impairing the morals of a child after hearing what Superior Court Judge Hillary B. Strackbein termed “erroneous” computer forensics testimony from a Norwich, Conn., police detective. “Certainly, findings found by the state lab may contradict evidence presented by the state expert,” said Judge Strackbein. “The jury may have relied, at least in part, on that faulty information.” The state forensics expert that testified in Amero’s trial insisted that adult Websites in question had been consciously loaded. A key defense witness was not allowed to counter that testimony because the original defense lawyer failed to file the proper paperwork. Amero’s case drew international attention, with computer experts across the globe siding with the defense expert, who believed the porn sites in question were the result of malware, software inadvertently installed on the computer that launched a series of adult pop-up ads. Many argued that charges should have never been filed in the case. Adult industry attorney Larry Walters told XBIZ that in cases involving the Internet and related technologies, a lack of technical knowledge on the part of the prosecution, judge or jury can be very problematic. “We run into this a lot with Internet cases,” Walters said. “Sometimes, the prosecutor, judge or members of the jury just don’t understand the technology or terms of art involved, and that can be the difference between guilt and innocence.” http://www.courant.com/news/local/hcu-amerotrial-0606,0,4739321.story?coll=hc-headlines-home Gay Erotic Comics Seized at Canadian Border OTTAWA, Canada - A shipment of erotic comic books slated to be delivered to the Montreal location of gay-themed chain store Priape earlier this year was seized by the Canada Border Services Agency (CBSA) because the comics were deemed to be obscene, according to the Canadian “queer news” site Xtra.ca. The comics seized by the CBSA are French translations published by a company called H&O Comics in France, and include such titles as “Dads & Boys” by English artist Josman, as well as work by the Japanese artist Gengoroh Tagame. CBSA spokesperson Chris Williams said that the comics were deemed to be obscene because of “depictions of incest to sex with pain and sexual mutilation, defecation and vomiting.” The content matter of the particular comics at issue helped Priape store owner Bernard Rousseau decide not to fight the seizure. “We didn’t protest because it was mostly about younger boys and incest,” Rousseau said. “We have protested before, but we decided that after looking into the matter, it is too much.” Rousseau said that given the consequences under Canadian law for selling materials determined by a court to be obscene, an abundance of caution is called for. “You have to be careful what you sell because you can go to jail and I don’t want to get involved,” says Rousseau. “I’m too old for that.” http://www.xtra.ca/public/viewstory.aspx?AFF_TYPE=1&STORY_ID=3155&PUB_TEMPLATE_ID=9 Kink.com Challenges Trademark Office Ruling on ‘F-Bomb’ SAN FRANCISCO, CA - Kink.com owner Peter Acworth is fighting the U.S. Patent and Trademark Office recent decision to deny his trademark for fuckingmachines.com on the basis of a statute dating back to 1905. Acworth's company Cybernet [now Kink.com] originally applied for the trademark two years ago, but was denied on the basis of a statute dating back to 1905 that forbids trademarks with "immoral, deceptive, or scandalous matter." The word “fuck” has consistently been deemed to violate that statute. Acworth's attorney Marc Randazza filed an appeal of the office’s decision on June 5, which will now lead to a hearing before the Trademark Trial and Appeal Board. Randazza, who works for the firm Weston, Garrou, DeWitt & Walters, a firm well known within the adult industry, told the Orlando Weekly that he believed the decision was unconstitutional. "The Applicant respectfully challenges this characterization of the word 'fucking' and its allegedly 'offensive and vulgar' root: 'fuck,'" Randazza wrote in the appeal. "[T]his much maligned four-letter word has no intrinsic meaning. Fuck [can] play a role as a figurative term, for example, 'to fuck' can also mean 'to deceive.' It is a word of force that can assist us in our expressions of joy when used as an infix, as in 'abso-fucking-lutely'. 'Fuck' helps us express rage when we scream 'fuck you' at a football referee, or at a motorist who has just cut us off in traffic. “'Fuck' can help us express pain, as it is quite frequently the first thing out of most men's mouths when they strike their thumb (accidentally) with a hammer. 'Fuck' is a vehicle for our disappointment, when we see that our report card is not as good as we had hoped, or when our significant other is late for dinner, or leaves us altogether. 'Fuck' is an old friend, who can always make us laugh." In other words, “fuck” isn’t as immoral or scandalous as it once was. http://www.orlandoweekly.com/features/story.asp?id=11596 Panama City Judge Declares Fred Salaff Not Guilty JOYITO, Panama - XBIZ reported last week that American adult film producer Fred Salaff has been deemed not guilty of the prostitution and faulty paperwork charges filed against him more than years ago in Panama. Salaff has been under house arrest and barred from seeking employment since his arrest more than two years ago. Salaff was arrested after police raided his Devils Film shoot and charged him with pressuring prostitutes to perform and failing to file paperwork necessary to legally film an adult movie in the area, as well as neglecting to prevent minors from viewing the on-set activity. Several children reportedly climbed a wall to peek into Salaff's set during the shoot. "I followed the law completely," Salaff said. "Kids climbed a neighbor's tree. It was an invasion of my privacy." Salaff also said he thanks those in the industry who supported him during the trial. "It has been two-and-a-half years of a nightmare, gross travesty of justice, loss of reason, separation from family and all the rest," Salaff said, "but it's finally over." http://xbiz.com/news_piece.php?id=23485 Sex, Lies and Legislation by Matt Gray One would expect that it would make sense that, in crafting public policy, our elected leaders (in their infinite wisdom) would make an earnest attempt to rely upon bonafide research and facts to decide what is in the best interest of California and Californians, right? It might surprise you to know that such an approach would be the exception to the rule. Sad, but true. Political appeal and expediency are more likely to trounce the truth. In all subject areas for creating laws – including adult entertainment, healthcare, firearms, animals, and sex offenders – there are a number of lawmakers who are willing to say anything in order to promote their legislation and/or agenda; and they do so with absolute immunity. To protect against such double standards, Article 1, Section 7(b) of the California State constitution says, “A citizen or class of citizens may not be granted privileges or immunities not granted on the same terms to all citizens.” Lawmakers notwithstanding, apparently. But, were a lobbyist to make the same untrue statements, he or she would have committed a misdemeanor. Yes, truth is often stranger than fiction in legislatures around the country. So when Assembly Bill 1551 (Calderon, D-Whittier) was published with claims that adult entertainment engendered crimes against women and children, blight, reduced property values, and as a result, seeks to impose multiple taxes upon adult products to ameliorate those fabricated claims, we wanted to know upon what facts those claims were based. Clearly, they’re not based upon the many academic studies about “secondary effects” that have demonstrated no such adverse results. The bill’s author’s office joked about “having their sources.” But, once light-hearted discussions evolved into a formal Legislative Records Act request, it came to light that no such evidence existed. In other words, the bill is based upon the doctrine of . . . “don’t confuse us with the facts.” So AB 1551, which will likely force many adult entertainment businesses to choose between going out of business or moving out of state, is the fanciful creation of a seasoned lawmaker who has attacked the adult entertainment industry with baseless claims which are based upon no facts or evidence. In fact, the claims are in direct contradiction to actual facts and evidence and research about “secondary effects.” Apparently aware of this reality, Assemblyperson Calderon said the industry should not take the legislation personally. I doubt that those of you in the industry who earn your living through adult businesses will take solace in Mr. Calderon’s cavalier perspective. The State Board of Equalization (BoE), which is the state agency charged with overseeing and distributing funds from monies collected from the AB 1551 tax upon adult products and services, has now entered into the fray. The BoE is compiling expected revenues from the sale, rent, or lease of adult entertainment products, and appears to be making the erroneous assumption that a California-based figure will be representative of what the potential revenues of this bill might generate when taking the entire U.S. into account. In other words, the BoE’s estimation of money to be collected from the tax – the figure that will be presented to the policy committee through testimony for AB 1551 – is based upon mere assumptions that product and revenue distribute equally through the U.S., regardless of competitive pricing and market leverage, and are based upon flat and equal population distribution. I realize a degree of deference is supposed to be observed with regard to our elected officials. But, when this Bill is viewed in its entirety, from the creation of the legislation to the methodology to be used by the state agency charged with overseeing its implementation, that’s difficult to do. I’m reminded of the old saying, “They are all the blind leading the blind.” What other conclusion can one draw? AB 1551 was not heard on June 11th, and has yet to be set for its first hearing in the Assembly Revenue and Taxation committee (chaired by none other than Mr. Calderon). It may now be heard as early as June 18th. If you have not yet written to the members of the Revenue and Taxation Committee to express your opposition to AB 1551, you still have time, but don’t wait. This Bill has the potential to be devastating in California as well as elsewhere in the country if its model and passage are adopted by other states. The members of the committee are Assemblyman Calderon (Chair), Assemblyman Devore (Vice Chair), Assemblyman Arambula, Assemblyman Eng, Assemblyman Feuer, Assemblywoman Hayashi, Assemblywoman Ma, Assemblyman Plescia, and Assemblyman Spitzer. All can receive mail at: State Capitol, Sacramento, CA 95814. A cc: of your letter to Capital Alliance would be appreciated, at 1029 K Street, Suite 25, Sacramento, CA 95814 so that we can track the responses received by the Assembly. ============================================================== Matt Gray is a senior lobbyist for Capital Alliance, a Sacramento-based lobbying and government strategies firm, contracted by the Free Speech Coalition members to serve as FSC’s California lobbyist. He can be reached at 916-444-5551 or by e-mail at 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. JUNE 22-24 - Erotica L.A., Los Angeles Convention Center JULY 11-13 - XBiz Summer '07 Forum, Hard Rock Hotel and Casino, Las Vegas, Nevada JULY 16-18 - ANE - Adult Novelty Expo, Universal City, CA AUGUST 3-5 - Internext, Hollywood, FL 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 For true success ask yourself these four questions: Why? Why not? Why not me? Why not now? -- James Allen Do not let circumstances control you. You change your circumstances. -- Jackie Chan
Delivering Weekly Censorship Updates to the Adult Entertainment Industry Vol. X, No. 24, June 22, 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. Adult Friend Finder Offers FSC Matching Grant to Battle 2257 Changes PALO ALTO, CA - Sexual networking site AdultFriendFinder.com has offered a grant to the Free Speech Coalition that will match donations up to $10,000 made to the organization in aid of its fight against certain amendments to the 18 U.S.C. 2257 record-keeping statute. The amendments being challenged are those that, if made effective by the Department of Justice, would require so-called "secondary producers" to acquire and maintain records for every performer in every sexually explicit image used by that producer. AFF marketing director Legendary Lars, in a press release about the new matching grant, called this provision a "draconian" one that "goes way beyond what is acceptable in a free society." "The only organization actively fighting this provision is the Free Speech Coalition," Lars went on, "and we think they deserve support. Anyone concerned with first amendment rights and keeping the government out of our bedrooms should consider a contribution to help FSC in their 2257 battle." FSC executive director Diane Duke noted that these addendums to the 2257 law would subject "secondary producers" to inspections by the FBI as well. "Complying with the anticipated changes in the law would cost millions of dollars in additional staffing, filing and computer resources," Duke portended, "apart from the cost of defending prosecutions. We will challenge these changes to the law, but we need the industry's help to support that cost." http://avn.com/index_cache.php?Primary_Navigation=Articles&Action=View_Article&Content_ID=290839 Two Charged with Selling Obscene Material in Utah SALT LAKE CITY, UT - Two owners of an internet sales business based in Cleveland were charged last week with selling obscene material, according to a U.S. Dept. of Justice press release. The federal complaint charged Sami R. Harb and Michael Harb, doing business as Movies by Mail. The charge stems from an investigation and prosecution effort, started in August of 2006, by the FBI's Adult Obscenity Task Force. In March, an FBI agent working in Salt Lake City placed an online order for the purchase of DVDs from the company. Three of the DVDs sent to the agent in Salt Lake City were deemed to be obscene, the complaint alleges. It is unclear from the complaint which titles were deemed obscene. Both will now have to appear before a Magistrate Judge in U.S. District Court in Salt Lake City at the end of the month. "The U.S. Department of Justice and U.S. Attorneys' Offices nationwide have stepped up the prosecution of obscenity cases, as evidence increases of the harm of obscenity to American children and families," U.S. Attorney Brett L. Tolman told the Associated Press. The complaint alleges the defendants engaged in the business of selling or transferring obscene material. According to the release, the maximum penalty for a conviction under the obscenity charge is five years in prison. "This charge was initiated by complaint. It will now be up to a grand jury, in the exercise of its independent judgment, to decide if there is probable cause to believe the material is obscene in considering an indictment. Ultimately, a Utah jury will decide if the material is obscene," Tolman said. http://avn.com/index_cache.php?Primary_Navigation=Articles&Action=View_Article&Content_ID=290809 Anti-Porn Group Targets Massachussetts Video Store SPRINGFIELD, MA - Springfield Mayor Charles Ryan led a License Commission hearing on Monday to consider the entertainment license for the adult retailer Amazing.net, which is owned by Capital Video Corp., of Cranston, Rhode Island. The store's license is valid through December. The anti-adult group NoPornNorthampton has campaigned against the store for months now. Last year, the conservative group organized meetings, lobbied for zoning ordinances and circulated a petition in a widely-publicized effort to block Capital's plans for the Northampton outlet. The store opened in early 2007, after months of opposition and public hearings. The group is now alleging that there have been cases of prostitution, drug crimes, and negative secondary effects on other businesses around Amazing.net. However, Lesley S. Rich, an attorney for the store, refutes the group's claims. "The Amazing.net store in Springfield Massachusetts is in full compliance with all local ordinances, and has operated without incident for many years," Rich told AVN. "Last October, certain deficiencies were pointed out by local authorities, and Amazing immediately corrected all such problems. The NoPornNorthampton website is dedicated to censoring the rights of adults to view sexual materials. It appears that they are upset that Amazing prevailed in the City of Northampton, and this is just a retaliatory action." At Monday's hearing, Springfield police officer Rupert Daniel testified that he has observed male and female prostitution outside the store, and that in January of this year an individual was arrested outside of the store on drug distribution charges. The mayor, who is in charge entertainment licensing, is expected to take the matter under advisement and issue a decision at a later date. http://www.masslive.com/republican/ http://avn.com/index_cache.php?Primary_Navigation=Articles&Action=View_Article&Content_ID=290869 N.J. Adult Store Closed Over Zoning Rule BRICK, NJ - Local officials closed adult retail store CS DVD last week, noting that the store never should have been authorized to open because of existing state statutes and municipal codes that specifically prohibit sexually oriented businesses from operating within the township. The state law prohibiting adult-oriented businesses dates back to 1995. Municipalities have the power to allow them, but are required to pass laws specifically authorizing them, and requiring certain restrictions, such as the proximity of such businesses to churches and schools. "They should have never been allowed to open in the first place. Someone was asleep at the switch," Township Council President Stephen C. Acropolis told the Asbury Park Press. "My main goal is to stop something like this from happening again." "He cooperated fully," Brick Business Administrator, Scott M. Pezarras said of the store's owner, Kakulawalage Bernard Fernando. Pezarras told the Park Press that Fernando "voluntarily closed the store down, and we issued him a cease-and-desist order. . . . He said he was going to be consulting his attorney." Mayor Daniel J. Kelly told the Park Press that the township officials who granted the store zoning permits did nothing wrong. The code prohibiting such a business isn't in the zoning code, according to township officials. Pezarras told the Park Press that he would instruct local officials to speak with the mayor and himself when an issue that could become controversial occurs in the future. "[Fernando] told [zoning officials] exactly what he was doing, but zoning is only interested in one section of the code," said Pezarras. http://www.app.com/apps/pbcs.dll/article?AID=/20070615/NEWS02/706150450/1070/NEWS02 Virginia Adult Shop Forced to Close Over Obscenity Charges STAFFORD, VA - The owners of adult retail outlet Pheromoans have agreed to close their store in the face of obscenity-related criminal charges. Meagan J. Pacheco and Lesley O. Mason both pled guilty last week in Stafford County Circuit Court to a single misdemeanor count of possessing obscene materials with the intent to distribute. The Free-Lance Star reported that Stafford authorities investigated the business toward the end of last year in response to what they claimed were complaints from residents. As part of that investigation, detectives purchased and watched six adult movies, including "Barely Legal Hotties," "The Devil in Miss Jones," and "Deep Throat." The state's obscenity law makes it illegal to distribute certain pornographic movies but does not make it illegal to own or possess them. As part of the deal, four other charges against Pacheco and Mason were dropped. No jail time or personal fees were brought against the pair and the misdemeanor charge will be dropped in June 2009, if they are not charged with anything else in the meantime. According to the report, the business itself was convicted of two obscenity charges. It was fined $5,000 and half of the fine suspended. Pheromoans still has two civil cases pending in Stafford Circuit Court involving nearby property owners seeking to have the business evicted, reported The Free-Lance Star. However, no trial has been set and the cases are likely to be dismissed now that the business is expected to close http://www.orlandoweekly.com/features/story.asp?id=11596 Petition to Overturn Ohio Anti-Adult Law Passes First Hurdle COLUMBUS, OH - Citizens for Community Standards (CCS) has obtained the 1,000 voter signatures needed to begin the process of repealing SB 16, a law passed earlier this year that will place severe restrictions on adult businesses when it goes into effect in September. SB 16 closes adult businesses between midnight and 6 a.m. daily, and prevents nude or semi-nude dancers in adult cabarets from touching club patrons or each other, with the maximum penalty for such touching as high as a $1,000 fine and/or six months in jail. CCS, which is backed by the Buckeye Association of Club Executives (BACE), must now collect 241,366 signatures of registered voters in 44 of Ohio's 88 counties - three percent of the total number of voters in the last gubernatorial election - in order to place the repeal language before the voters at the next general election. The deadline for collection of those signatures is Sept. 3, 90 days from the date that Gov. Ted Strickland filed the final version of the law with the Secretary of State, and the day before the law, which Strickland said he would allow to take effect without his signature, could first legally be enforced. The projected cost of the petition drive is over $1 million, and according to several attorneys knowledgeable about the case, if the law is allowed to go into effect, it will probably serve as the jumping-off point for similar laws in other states across the country. Contributions are being accepted through a number of different means, though all will wind up in the same coffer. Checks, made out to "BACE," can be sent to: BACE, c/o Rondee Kamins, 3700 Kelley Ave., Cleveland, OH 44114 Or, BACE, C/O LD Management, Attention: Jim Everett, 110 East Wilson Ridge Rd. Suite 100 Worthington, Ohio 43085 Contributions can be made over the Internet by following the directions here. http://avn.com/index_cache.php?Primary_Navigation=Articles&Action=View_Article&Content_ID=290834 TRADE SHOW BOOTH FOR SALE -- FSC has a trade show booth for sale. This sturdy booth is 10 feet by 20 feet, with half-wall sides and front, and niches for display. It is covered in red & blue carpet-like fabric, but could easily be reupholstered to any choice of fabric and colors by the buyer. Photos of the booth are available upon request. Originally purchased in 2002 at a cost of $13,000, it is available to the savvy buyer for only $1,500. This is a great opportunity for an FSC member to purchase a substantial trade show presence at a fraction of the cost of new. For more information, please contact Valerie at 1-866-FSC-9373. 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. JUNE 22-24 - Erotica L.A., Los Angeles Convention Center JULY 11-13 - XBiz Summer '07 Forum, Hard Rock Hotel and Casino, Las Vegas, Nevada JULY 16-18 - ANE - Adult Novelty Expo, Universal City, CA AUGUST 3-5 - Internext, Hollywood, FL 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 You've achieved success in your field when you don't know whether what you're doing is work or play. -- Warren Beatty Success is getting what you want. Happiness is liking what you get. -- H. Jackson Brown, Jr.
Delivering Weekly Censorship Updates to the Adult Entertainment Industry Vol. X, No. 25, June 29, 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. AB 1551 Set for First Hearing Monday SACRAMENTO, CA - California Assembly Bill 1551 has now been set for its first hearing on Monday, July 9, 2007 (date subject to change).. The measure, by Assemblyman Chuck Calderon (D-Whittier), fabricated claims that adult entertainment venues cause adverse so-called "secondary effects," and seeks to impose a tax upon all adult entertainment businesses and products to ameliorate those effects. The tax, the amount of which is unspecified as of now, will occur multiple times on the same product. For example, taxes will be applied both to inventory and in retail at the point-of-sale. In fact, the bill proposes that every time an item changes hands a tax will be collected. Services will be taxed based upon gross receipts. The hearing will be at the State Capitol building in Sacramento, before the Assembly Revenue and Taxation Committee, and begin at 1:30pm in Room 126. Free Speech Coalition lobbyists and representatives will be present to renew earlier objections to the passing of this proposed legislation. As has been previously reported, this bill has far-reaching, negative consequences to the adult entertainment industry nationwide if it passes. We will keep FSC members posted of the outcome. ASACP Announces 'Restricted to Adult' Site Label LOS ANGELES CA - Association of Sites Advocating Child Protection (ASCAP) has introduced a new voluntary website label that will make it easier for web filtering software to block out adult content, an effort intended to prevent minors from accessing adult material on the Internet. "Everybody is concerned about what their children are doing on the Internet," stated ASACP executive director Joan Irvine at a press conference held last week's Erotica LA convention. "Therefore, we are pleased to announce the 'Restricted To Adult' — RTA — website label." RTA was conceived as a free "metatag" — a string of numbers and characters to be embedded in the headers of adult Web pages — which can be recognized by a wide variety of software filter programs. "For the first time, an unprecedented coalition of the adult entertainment industry, free speech advocates and parental filtering software companies have come together to protect our children," Irvine said. "We have assembled this group of people and created the RTA label, and now we're talking to companies, along with our group here today, to recognize the RTA label." The group to which Irvine referred includes some of the most powerful figures in the adult Internet community. Among the initiative's "Platinum" sponsors are AVN Media Network, XBIZ, Playboy.com, AdultFriendFinder.com, Epoch, Livesex.com, ATKingdom.com and NationalNet. "It underscores the adult industry's interest in child protection," Irvine explained. "However, RTA is just like any other parental filtering tool; parents need to be involved." Irvine said that she had been talking to and corresponding with federal legislators to inform them of the RTA program and to solicit their support for the project. http://avn.com/index_cache.php?Primary_Navigation=Articles&Action=View_Article&Content_ID=291148 FBI Inspects Filmco Productions 2257 Records SUN VALLEY, CA - Federal Bureau of Investigation agents visited Filmco Productions last week to inspect 2257 records for five titles from Filmco and Bacchus Releasing. Filmco General Manager Steve B. told AVN.com that five of six arrived at his office at approximately 11 a.m. last Tuesday. "They spent about three hours looking through the records. It turns out that the older women Filmco shoots are really older women," he said. Filmco is known for its specialty titles featuring older women, whereas Bacchus releases gay and TS titles. The FBI's visit to Filmco marks the third 2257 records inspection to take place in recent months. Agents visited the home of former Moonlight Entertainment head, Mark Stone, on May 3rd, and inspected records for Hollywood-based JT Video on June 1st. "They were very polite and professional," Steve said. "All went well. They asked for directions to a restaurant, packed up and left." http://avn.com/index.php?Primary_Navigation=Articles&Action=View_Article&Content_ID=291003 First Convictions for Porn Spam Under CAN-SPAM Act Obtained PHOENIX, AZ - Jeffrey Kilbride of Venice, Calif., and James Schaffer of Paradise Valley, Ariz., became the first individuals to be convicted for sending unsolicited sexually-explicit emails under the Controlling the Assault of Non-solicited Pornography and Marketing (CAN-SPAM) Act of 2003 earlier this week, when the pornographic spammers were convicted by a federal jury of two counts of violating the CAN-SPAM act. In addition, both men were also convicted on related charges that include conspiracy, fraud, and transportation of obscene materials. Kilbride and Schaffer began their spamming operation in 2003, sending out mass amounts of e-mails embedded with explicit images that contained a link to a commercial adult website, which paid the spammers a commission for traffic. The duo, who face a September sentencing, made $2 million from adult website operators who paid them for generating traffic to their sites. When the CAN-SPAM act became law in 2004, the two used international servers and mismatching "reply to" and "from" addresses, making it difficult to trace the spam e-mails, and leading to their violation of the anti-spam law. The other violation of the CAN-SPAM Act occurred when Kilbride and Schaffer sent e-mail messages using domain names that had been registered using a false identity. The two face a maximum penalty of five years in prison for each CAN-SPAM and obscenity offense, as well as a fine of up to $500,000 and a maximum of 20 years in prison for related money laundering. Kilbride and Schaffer initially were charged in 2005. Schaffer also was charged with 2257 violations, after officials discovered that he had not maintained appropriate records for the adult performers featured on Boobs.com, CumShots.com and FaceSat.com, three websites he operated overseas through The Compliance Company and Ganymede Marketing. http://www.infoworld.com/article/07/06/26/two-convicted-for-porn-spam_1.html Calif. Senate Committee Rejects Porn-Reporting Bill SACRAMENTO, CA - A proposed bill that would have required computer technicians to report pornographic images of children they find while fixing a machine died in the Senate Public Safety Committee last week. The bill, which was sponsored by Assemblywoman Cathleen Galgiani (D-Stockton) would have taken an existing law requiring film developers to report child porn and applied it to computer-repair personnel. It passed the Assembly by a 73-0 vote last month. Opponents of the bill claimed that broadening the law could invade the privacy of computer users and could lead to laws requiring other occupations to also become reporters of suspected lawbreaking. Galgani plans to put the bill up for reconsideration, her spokesman Robin Adam told XBIZ. "People may have had some concerns that can be addressed," he said. "There's always a concern about privacy and liability. A person may make an incorrect judgment on something that's reported, [but] the mandatory reporter merely reports something suspicious that looks suspicious to them. It's up to legal authorities to make a determination on that, and being a mandatory reporter actually gives them coverage." Six states — Arkansas, Michigan, Missouri, Oklahoma, South Carolina and South Dakota — currently require computer technicians to report illegal photos or movies. A similar bill died in the Senate Public Safety Committee last year. http://xbiz.com/news_piece.php?id=23702 Southern California City Denies Condom Revolution Permit HERMOSA BEACH, CA - The Hermosa Beach Planning Commission denied a permit request last week from adult retailer Condom Revolution at a meeting crowded with citizens protesting against allowing the store to open, according to XBIZ. Citing that the company had misrepresented itself as a conventional retail business, the commission unanimously turned down the permit. The commission also cited details of the city's zoning laws which state that a permit would be allowed for a retail business, so long as not more than 20 percent of its merchandise was adult-related, while 80 percent remained nonsexual in nature. The company has a right to appeal and an attorney representing Condom Revolution's parent company, Auburn, Wash. - based Peekay Inc., said that they would consider an appeal. The three-hour meeting was attended by an attorney for the city and a packed house of Hermosa Beach residents intent on preventing the permit from being issued to Condom Revolution. As many as 40 speakers went before the commission to discuss the types of merchandise that would be sold at the store. Earlier this week, city residents staged protests outside of the proposed location at Eighth Street and Pacific Coast Highway, and at Hermosa Beach City Hall, chanting and carrying signs. http://xbiz.com/news_piece.php?id=23716 EXECUTIVE DIRECTOR COMMENTS ON MEMBER-DRIVEN FUNDRAISING By Diane Duke What began with a simple call from Legendary Lars of AdultFriendFinder.com (AFF), stating that they would like to help the Free Speech Coalition (FSC) raise funds for its continued efforts with 2257, has evolved into a powerful tool in fighting government oppression and intrusion. AFF and its parent company, Various, Inc., not only initiated a fund-raising effort FSC on the website www.gfy.com, but also agreed to match donations up to $10,000. Platinum Dave of Platinum Bucks stepped up to donate $10,000 — to meet AFF's match and join in the efforts to diminish or defeat 2257. He recognized that support from the industry is critical in FSC's success. Just as the dust was settling, the folks from HotMovies.com came forward with yet another $10,000 donation—this on the heels of a fundraiser from HotMovies.com that netted nearly $20,000 for Free Speech Coalition just two months earlier. The leadership exemplified by these companies is truly inspirational. When thanked for the donation, the response from these companies was identical: they believe that everyone should take part in this effort and they hope that their donations will encourage others to do the same. At a time when many step up to identify problems, it is the great ones who participate in solutions. Thank you AdultFriendFinder, Platinum Bucks and HotMovies. If you would like to contribute to FSC's continued efforts to fight 2257, feel free to call me at 818-348-9373 or email me at diane@freespeechcoalition.com. Senate Sees Through Blinder Rack Legislation By Matt Gray Logic and reason prevailed Tuesday, with a victory for free speech, when on a partisan vote the California Senate Committee on Public Safety defeated Assembly Bill 1067. The measure, authored by Assemblyman Paul Cook (R-Yucaipa), sought to require blinders to be employed on news racks featuring magazines with "harmful matter" on the cover. According to Assemblyman Cook, the legislation was necessary because the city of Beaumont implemented the policy through local ordinance, and now (in the name of decency), the state should do the same. On the public's dime, the Mayor and Police Chief of Beaumont flew up to Sacramento to promote the value-based legislation. While no reasonable person supports exposing children to any adult material, in addition to being overly broad, the new law would have ensnared well-intended retailers through the impossible task of making a complex legal determination as to what is or is not harmful matter. Despite the ambiguity, any retailer found to be in violation would have faced up to a $1,000 fine. Arguably, a simpler alternative would have been self-censorship and a choice to simply stop carrying questionable magazines, thereby leading to a reduction in the exercise of free speech and the quantity of available materials for adults. AB 1067, which received primary opposition from Free Speech Coalition, ACLU, and Taxpayers for Improving Public Safety, was fast-tracked through the Assembly and received no "No" votes. It was like a runaway freight train -- until it was heard in the Senate. Through an effective communication and lobbying effort by FSC, the opposition successfully explained why the legislation was unnecessary. Our position was that, because existing California law already provides a remedy, and local communities are free to pass an ordinance like that of Beaumont if local community values supported doing so, the law would have been redundant. "Would it be appropriate for the city of Beaumont, through this legislation, to decide what was appropriate for East Los Angeles?" asked FSC's lobbyist during the hearing. Senator Romero, who represents East Los Angeles and is the Chair of the Committee, thought not. Experienced Senators recognized FSC's second point, related to the inability of lay retail workers to personally define "harmful matter," suggesting additional challenges in determining the appropriateness for viewing by varying ages of adolescents. For example, what may be inappropriate for a seven-year-old might be perfectly acceptable for a seventeen-year-old, and yet AB 1067 sought to censor everything, regardless of age. The pressure was really on when it came down to one swing vote, and that Senator was in a different committee hearing during the entire bill presentation. The lobbyist for the opposing side as well as the Mayor and Police Chief in Beaumont went looking for him. FSC's lobbyist did the same. After brief input by both sides, the Senator saw the ills of AB 1067 and refused to support it. This is a crystal clear example of the importance of proactive lobbying efforts when legislation that can adversely affect the adult entertainment industry is introduced. ===================================================================== Matt Gray is a senior lobbyist with Capital Alliance, a California lobbying and government strategies firm. He can be reached by email matt@thecapitalalliance.com, or at 916-444-5551. TRADE SHOW BOOTH FOR SALE -- FSC has a trade show booth for sale. This sturdy booth is 10 feet by 20 feet, with half-wall sides and front, and niches for display. It is covered in red & blue carpet-like fabric, but could easily be reupholstered to any choice of fabric and colors by the buyer. Photos of the booth are available upon request. Originally purchased in 2002 at a cost of $13,000, it is available to the savvy buyer for only $1,500. This is a great opportunity for an FSC member to purchase a substantial trade show presence at a fraction of the cost of new. For more information, please contact Valerie at 1-866-FSC-9373. 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. JULY 11-13 - XBiz Summer '07 Forum, Hard Rock Hotel and Casino, Las Vegas, Nevada JULY 16-18 - ANE - Adult Novelty Expo, Universal City, CA AUGUST 3-5 - Internext, Hollywood, FL 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 Don't let your ego get too close to your position, so that if your position gets shot down, your ego doesn't go with it. -- Colin Powell Happiness does not come from doing easy work but from the afterglow of satisfaction that comes after the achievement of a difficult task that demanded our best. -- Theodore Isaac Rubin
Delivering Weekly Censorship Updates to the Adult Entertainment Industry Vol. X, No. 26, July 6, 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. AB1551 California Adult Industry Tax Bill Amended to Include 8% of Gross Revenues and Pay Per View CANOGA PARK, CA - Monday, the amendments to California Assembly Bill 1551 were released. The bill, sponsored by Assembly Member Chuck Calderon (D-Whittier), seeks to impose a tax upon all adult entertainment businesses based on fabricated claims that adult entertainment venues cause adverse “secondary effects.” Among other stipulations, the amendments institute an 8% tax on gross revenues, add satellite television providers, specifies that tax of PPV purchasers is to be collected by hotel owner or operator and establish authority and direction for tax collection agency. “This tax will not only devastate the adult entertainment industry, but also severely effect vendors that support the industry, hotels and cable networks as well,” said Diane Duke Executive Director of the Free Speech Coalition. “I find it ironic that in 2007, when California Republicans have signed a contract agreeing to no new taxes, Calderon is proposing a devastating new tax that creates an additional tax-collection agency, with the accompanying costs of new bureaucracy. Clearly Calderon is out of touch with the best interest of Californians.” Ten years ago, as a State Senator, Calderon introduced a similar bill and was unanimously defeated—receiving not a single vote in support. Ten years later, FSC, is working to send the same message-- that this type of legislation is not welcome in California. Killing this bill in the Assembly Revenue and Taxation Committee, the committee that Assembly Member Calderon Chairs, would send that clear message. FSC is encouraging adult industry and industry-support professionals to attend the hearing in opposition to AB1551. As of Thursday 7/5/2007, there is no date for the hearing. Call FSC at 818-348-9373 for more information. Online Buddies Donates $10,000 to Free Speech Coalition CANOGA PARK, CA - The Free Speech Coalition received a generous $10,000 pledge this week from Online Buddies chairman Jonathon Crutchley to help the adult industry’s trade organization in its continued fight against 2257 laws. Online Buddies, Inc. hosts the website, www.Manhunt.net, a dating site for gay men. According to Crutchley, the site has over one million registered users, about 600,000 in the United States and another 400,000 in other countries. "Each member may post as many as twelve pictures with his online profile, and keeping records of proof-of-age for millions of photographs would not be possible for us," explained Crutchley. "If this law is enforced, we'd be out of business, and our members would lose a valuable service." "We thank the folks at Online Buddies for their generous donation and commend them for their forward-thinking leadership," said Diane Duke, Free Speech Coalition Executive Director. "They not only understand the critical nature of the problem, but also have become a valuable part of the solution." Online Buddies is one of five companies that have contributed to FSC's efforts to defeat 2257. The others are Adult FriendFinder, Platinum Bucks, and HotMovies.com. Sureflix/Maleflixxx also conducted an online fundraiser to raise funds to battle 2257 recently. http://avn.com/index_cache.php?Primary_Navigation=Articles&Action=View_Article&Content_ID=291453 Owners of Online Adult Retailer Indicted on Federal Obscenity Charges SALT LAKE CITY, UT - The owners of online adult retailer MoviesByMail.com were indicted by a federal grand jury last week on six counts of distributing obscene materials. The indictment returned last Thursday charges Cleveland residents Sami R. Harb and Michael Harb, doing business as Movies by Mail, each with three counts of engaging in the business of selling or transferring obscene DVDs, and three counts of using the U.S. Postal Service to deliver obscene DVDs. If convicted, the brothers could face up to five years in prison for each count. The two are expected in court July 12. The investigation into MoviesByMail.com began in August when the FBI's Adult Obscenity Task Force received a tip that the website was selling allegedly obscene DVDs. In March, FBI agents placed an order for "Max Hardcore: Pure Max 18," Max Hardcore: Extreme 12" and Extreme Associates' "Cocktails 5" and had them shipped to Utah. Just days before the two were arrested, Hardcore himself was indicted on 10 counts of federal obscenity. He is to appear in California court July 12. Sami Harb told XBIZ that it was hardly a coincidence that the titles used against him happen to be from a company already under indictment. "That was convenient, wasn't it?" Harb said. "No one gets that lucky. It's [the government] flexing its muscles, showing the conservatives and Republicans that they're doing something." According to U.S. Attorney Brett Tolman, these movies have no artistic value. "The U.S. Department of Justice and U.S. Attorneys' Offices nationwide have stepped up the prosecution of obscenity cases, as evidence increases of the harm of obscenity to American children and families," Tolman said. "As obscene materials continue to proliferate, they are becoming more accessible for the young and the innocent among us. At the same time they are becoming more extreme and degrading in content and present a growing threat to the well-being of American families and our society as a whole." Tolman provided no source in support of these assertions. According to court documents, MoviesByMail.com distributed 683 packages to Utah addresses in 2006. http://xbiz.com/news_piece.php?id=23886 Police Raid Two Adult Stores in Mississippi JACKSON, MS - Jackson vice and narcotics officers raided two adult bookstores Monday afternoon, arresting two clerks and a store owner for misdemeanor charges related to the distribution of an obscene device. Both the owner and the manager of Secrets were charged with “possession of sex toys with intent to distribute.” The manager of Adult Video and Book was booked on the same charge. The arrests followed the purchase of sex toys at both locations by undercover police that same morning. At the time of the arrest, police were seen carrying boxes of what WLBT-3, the local television station that broke the story, described as “what appeared to be sex toys” out of both stores. Mississippi is one of five states with laws that define adult novelties as obscene devices. A local police officer informed WBLT that "…any items that are sold to stimulate the human genitalia is [sic] against state statute." Local authorities have targeted both stores in the past. In 2005, Mayor Frank Melton shut down Adult Video and Books and arrested its owner on suspicion of "inappropriate activity" on the premises. Secrets was shut down in March 2006, for opening without a proper license. Both businesses are now closed until further notice. http://www.wlbt.com/Global/story.asp?S=6740632&nav=2CSf THANK YOU, TOPCO SALES Free Speech Coalition extends a warm 'thank-you' to Topco Sales for its hospitality in providing its luxurious conference room to the FSC Board of Directors for its July board meeting. Topco executives and staff always make our group feel right at home. TRADE SHOW BOOTH FOR SALE -- FSC has a trade show booth for sale. This sturdy booth is 10 feet by 20 feet, with half-wall sides and front, and niches for display. It is covered in red & blue carpet-like fabric, but could easily be reupholstered to any choice of fabric and colors by the buyer. Photos of the booth are available upon request. Originally purchased in 2002 at a cost of $13,000, it is available to the savvy buyer for only $1,500. This is a great opportunity for an FSC member to purchase a substantial trade show presence at a fraction of the cost of new. For more information, please contact Valerie at 1-866-FSC-9373. 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. JULY 11-13 - XBiz Summer '07 Forum, Hard Rock Hotel and Casino, Las Vegas, Nevada JULY 16-18 - ANE - Adult Novelty Expo, Universal City, CA AUGUST 3-5 - Internext, Hollywood, FL 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 do not think that there is any other quality so essential to success of any kind as the quality of perseverance. It overcomes almost everything, even nature. -- John D. Rockefeller No person will make a great business who wants to do it all himself or get all the credit. -- Andrew Carnegie
Delivering Weekly Censorship Updates to the Adult Entertainment Industry Vol. X, No. 27, July 13, 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. OPEN LETTER TO FSC MEMBERS RE: UPDATE ON DOJ’S RELEASE OF PROPOSED 2257 RULES & REGS Dear FSC Member: This is an update on the proposed 2257 Rules and Regulations released by the Department of Justice (DOJ) on Thursday, July 12, 2007. As always, we will provide you with more information as it becomes available. First, it is important to recognize that the regulations that the DOJ has set forth today are simply proposed regulations, issued for comment and possible change. They have not yet been adopted for implementation by the Government. They are proposed regs which allow for public comment by September 10, 2007. FSC will comment extensively on the regulations, and we intend to launch an industry-wide campaign to solicit your comments as well. Please note -- We need your participation in this process. In the coming days we will provide details on how you may participate in providing your feedback and comment. Some of the points set forth were expected, and they represent the modest gains that we have achieved through litigation thus far. Other points are troubling and represent the intransigence which we have come to expect from Attorney General Gonzales and his associates. On the critical subject of “secondary producers,” the Justice Department is continuing to suggest that it has been correct all along, and that Congress ALWAYS intended “secondary producers” to be included in 2257. Therefore, they are contending that the original legislation and regulations issued in 1995 are valid for “secondary” as well as “primary” producers. We understand that it is simply impossible for many of you to comply with the Justice Department’s demands, and that is one of the many reasons why we will continue the fight. Please rest assured that FSC will address this issue vigorously at every stage of the continuing battle on behalf of our members. Unless the final regulations change radically from those proposed today in a way that more favorably reflects our industry’s concerns, FSC will continue our litigation at the appropriate place and time, including seeking another injunction for “secondary producers” as well as others. At the end of the day, we will make sure that federal judges understand the absurdity of these regulations. We pledge to you, our valued members, that we will not let up on our commitment to you and to your rights. Thank you for your continued support of FSC and its very important mission in this case and others. If you have additional questions or concerns, you may contact Diane Duke, FSC Executive Director, at 1-866-FSC-9373. Sincerely, FSC Staff, Board of Directors and legal team Larry Flynt to Speak at FSC Meeting CANOGA PARK, CA - The Free Speech Coalition announced this week that Hustler founder Larry Flynt will kick off the group's Membership Meeting next week during the AVN Novelty Expo in Universal City, California. Flynt will open the meeting with an inspirational message for FSC members and industry participants. Then, FSC will launch into its own "Presidential Debate," as former Presidents Julie Stewart, Nicholas Boyias, Scott Tucker and current President Jim Everett answer questions vital to the adult industry. "It doesn't get any more all-American than Larry Flynt," said Diane Duke, Free Speech. "[He's] a man who has devoted his life to protecting and preserving American freedom. It is an honor and a privilege to have him speak at our meeting." Free Speech Coalition's All-American Membership Meeting will take place on July 17 at 5:30 p.m., at the Universal City Sheraton in the Terrace suite D. For more information, go to www.freespeechcoalition.com. Joy King Joins FSC Board CANOGA PARK, CA - The Free Speech Coalition announced this week that Joy King, Vice President of Special Projects for Wicked Pictures, has joined the organization's Board of Directors. King fills the position vacated by Bill Murphy of Fairvilla Megastores, Florida, who left the board for personal reasons. "I'm honored to be appointed to the board of the Free Speech Coalition," said King. "I've supported their diligent efforts to protect the industry and welcome the opportunity to take a more active role in those efforts." King will occupy the seat for the remaining six months of the board term and then have the opportunity to run for reappointment by a vote of the general membership. "We are thrilled to have Joy join our FSC board," said Diane Duke, Free Speech Coalition Executive Director. "She is a proven leader and has been instrumental in our lobbying efforts. Her commitment to the industry and its success are unwavering." CCV Targets Lodgenet, Calls for Investigation of Hotel Porn COLUMBUS, OH - Citizens for Community Values (CCV) is calling for a federal investigation of movie supplier LodgeNet Entertainment Corp., claiming that the adult content the company supplies to hotel rooms across America is obscene. "Why is LodgeNet permitted to deal in hardcore, sexually explicit, clearly prosecutable material?" asked CCV president Phil Burress in a statement released to the media. "Much of the contents are prosecutable under the U.S. Supreme Court ruling in Miller vs. California." CCV plans to meet with the Dept. of Justice next month to formally request the investigation into LodgeNet. Attorney Paul Cambria responded to CCV last week in an Adult Freedom Foundation press release, calling the campaign against LodgeNet, "just another blatant attempt at censorship and a total waste of taxpayers' money." "Mr. Burress fails to recognize that the Miller test protects adult expression," Cambria said. "It does not condemn it. He confuses sexually explicit with obscene." Burress claims more than 60 percent of LodgeNet's profits can be traced to pornography. "It will take a jury trial to determine whether the material in question actually violates community standards, but we believe the content is clear enough to warrant an investigation at the very least," said Daniel Weiss, "senior analyst" for a family values group affiliated with CCV. "Based on state and federal law, if the material distributed by LodgeNet was brought to trial, many communities across the country would clean up overnight." Cambria responded, "Under the Miller test, entertainment can be sexually explicit and hardcore and nevertheless not be illegal. This is particularly true when it enjoys widespread acceptance by the average adult as a form of entertainment. What better acceptance can you have than widespread consumption by adults? "The hotel room is an extension of a person's home while they are traveling. And, we need to keep the government, the police and the prosecutors out of our homes and away from our choices of entertainment," Cambria said. http://avn.com/index_cache.php?Primary_Navigation=Articles&Action=View_Article&Content_ID=291545 Free Speech Coalition Thanks Bill Murphy Bill Murphy, the entrepreneur who revolutionized adult retailing and created the adult "mega-store," has announced his retirement from the Board of Directors of the Free Speech Coalition because of the need to attend to urgent personal business. Murphy has worked tirelessly for many free speech causes, and has been a member of the Free Speech Coalition board for the past four years. Murphy has attended Support Free Speech Lobbying Days in Sacramento, and has been active and vocal in the Florida political scene, in addition to sponsoring Fantasy Fest, Pride Fest, Women Fest and many other events in Key West, where he is considered one of the foremost retailers on the island. In the early '90s, Murphy developed the concept, copied several times since, of the "adult megastore," an inviting environment, complete with coffee bar and even an indoor waterfall, for couples to shop for adult videos and products. Fairvilla now has three locations, in Orlando, Cape Canaveral and Key West. The Free Speech Coalition extends its heartiest thanks to Bill for his valuable service and extraordinary generosity toward the adult business community. AFF Investigation Reveals Satinover's 'Porn Addiction' Claims Bogus LOS ANGELES, CA - An Adult Freedom Foundation (AFF) investigation into the background of Dr. Jeffery Satinover, who is regularly called upon by anti-free speech activists to testify before various government bodies about so-called "porn addiction," reveals that the psychiatrist appears to have no experience in the field in which he is purported to be an expert. Dr. Satinover, one of the so-called "experts" invited in 2004 to speak before the Senate Science, Technology & Space Subcommittee on the "scourge" of Internet porn, is often called upon to provide testimony in support of the conservative agenda. In addition to porn addiction, Satinover is also known for supporting the view that homosexuality is a disease that can be cured. AFF is an organization dedicated to protecting the First Amendment and countering attacks on adult entertainment in the media by providing the media with accurate information. According to AFF, Dr. Satinover recently consulted for Citizens for Community Values (CCV), anti-porn activists who recently backs an anti-adult entertainment law in Ohio. "An addiction to pornography is chemically nearly identical to heroin addiction," Dr. Satinover said in support of the CCV-backed law. The AFF article reports that Satinover's curriculum vitae, which was until recently on his website, indicates not worked in the field of pornography addiction, nor conducted any research in the field. Satinover's website has been taken down since AFF's publication of the report on their own website earlier this month. "There is no evidence, no literature [by Dr. Satinover] that indicates a link between pornography and addiction," noted Dr. Robert Prentky, a noted forensic psychologist for the past 20 years. Yet anti-porn activists continue to utilize the psychiatrist as an expert in a field in which he has no experience. Perhaps it is because there are no such experts, because the field does not exist. In fact, addiction experts consulted by the AFF insist that the concept of "pornography addiction" does not exist within the medical community. "Addiction is a medical term," said Dr. Stuart Gitlow, an expert on addiction and a respected member of the American Society of Addiction Medicine, a status not shared by Dr. Satinover. "And there is no research to indicate anyone suffers from porn addiction. There is nothing to suggest that this is a complex physiological disease state akin to alcoholism or other substance use disorders," he explained. Dr. Marty Klein agrees. "The idea of "porn addiction" has never been accepted by the psychiatric, psychological, marital counseling or sexological professions. "There is no DSMIV or ICD9 [professional diagnostic resources] diagnosis of 'porn addiction.' Just because people feel they are addicted doesn't mean they are," said Dr. Klein, a certified sex therapist and sociologist who has written six books and 100 articles. "Dr. Satinover's 'research' is proof that a little knowledge is a dangerous thing. His testimony to Sen. (Sam) Brownback's committee is a startling brew of assumptions, unverified assertions, commonplace observations about contemporary social problems and just enough scientific jargon to sound as if he ties these all together in a logical framework. He doesn't." Dr. Klein noted. So why is Dr. Satinover promoting "porn addiction" to Congress and Christian groups? Paul Cambria, AFF general counsel, has some ideas about that. "We are seeing more and more of this. Bald statements with no support which the anti-adult entertainment folks are feeding to politicians eager to get re-elected. "These people have no concept of what constitutes proof and what simply masquerades as a cover for their desire to control other adult's choice of entertainment," Cambria explained. "Any politician who relies on this drool should be voted out of office for being irresponsible," he concluded. http://www.adultfreedomfoundation.org/index.php?subaction=showfull&id=1183466541&archive=&start_from=&ucat=1& Supreme Court Shows Interest Sex Toy Case WASHINGTON, D.C. - In a surprise move, the U.S. Supreme Court has requested that the state of Alabama file an answer brief responding to the petition for writ of certiorari filed by adult retailer Sherri Williams, as well as the "friend of the court" brief in support of the Williams petition filed by the Free Speech Coalition and the First Amendment Lawyers Association. The request is an indication that the Supreme Court may be willing to consider William's case, a decade-long battle for her right to sell devices to her customers in Alabama that can be used for sexual stimulation. Alabama is one of five states with an "obscene device" statute that prevents the sale of devices for sexual stimulation. Williams has been in district court three times on this issue, won twice and been twice knocked down by the Eleventh Circuit U.S. Court of Appeals. Her petition to the Supreme Court, which will be argued by prominent First Amendment attorney Paul Cambria, will likely be the last legal stage of this fight. "Originally, the state filed a waiver of right to respond, and they actually did that before our friend of the court brief," said First Amendment attorney and Free Speech board member Reed Lee. "The court has now officially requested the state to respond. That's a moderate sign that they're interested. If there were no interest in the petition at this point, they wouldn't bother making the state respond if it didn't want to. How strong the interest is and where the interest lies is going to be an impenetrable mystery until at least the first week of the term, but it's a sign that there's some interest there." Lee said that the request for response, which the state is unlikely to refuse, may be for something as simple as making sure there's no procedural defect in Williams' case that would "make the case not what it seems; that is, make it not worth the Supreme Court's time to consider it," Lee speculated. But the overriding question is, will the generally conservative make-up of the high court use the Williams case as an excuse to tinker with, if not attempt to overturn, the 2003 landmark decision in Lawrence v. Texas, which recognized adults' rights to sexual privacy? Lee feels that the last Eleventh Circuit opinion may be helpful to Williams' case. "As hostile as some of those Eleventh Circuit panels that Williams was unfortunate enough to pull, as hostile as they were to Lawrence — oh, they never did say it was strict scrutiny, or they never did say it was a fundamental right, or whatever — ultimately this last panel makes an 'even if' argument," Lee assessed. "That is, even if Lawrence embraces the right to use these devices, there's still the matter of their commercial sale, and whether the state can regulate the commercial sale for purely moral purposes," Lee continued. "That issue was settled back in 1965, but the last panel basically said, 'Okay, we'll grant you that Lawrence covers the right, supports the right, so yes, this is a case about Lawrence,' but this is really a case about what limits could be put on Lawrence and whether the limits that Alabama has articulated and the courts have articulated — in hostile Eleventh Circuit panels, for example — I don't know why they've been so hostile, but they have been from the word 'go' — the question is whether they can limit Lawrence in any kind of coherent way, and our argument is that the way they've come up with so far has been foreclosed since 1965. "But I think everybody realizes it's a real tough row to hoe if you're going to say there's a right to engage in homosexual acts between consenting adults but there's not a right to use a sexual device either alone or with another adult. Drawing that line would be very, very difficult, and I don't see any coherent votes for that on the court. Maybe a couple of crazies would vote for it — and you know the two I mean when I say 'couple.' But I don't see that line being drawn. I think the real issue here would be the commercial issue." Lee's reference to 1965 is an allusion to the seminal contraception case, Griswold v. Connecticut. The Eleventh Circuit's latest panel opinion in the William's case ignored the Griswold case, according to Lee. "Griswold recognized the right of married couples to contraception, but Edith Griswold wasn't part of a married couple wanting contraception," Lee explained. "Edith Griswold ran a family planning clinic that wanted to counsel people on contraception and wanted to give and sell contraceptives to people, and the Supreme Court said that made not one whit of difference. The Supreme Court said that Edith Griswold and her co-party doctor that wanted to counsel people had the right not to maintain their own claims, but rather to stand in the shoes of the married couples that they were counseling and treating. And the fact that money changed hands in that relationship made no difference in 1965." Therefore, Lee concludes, if the Supreme Court had no problem with Griswold's clinic selling contraception to people, even as Griswold herself was maintaining her First Amendment right to counsel them as to its use, Sherri Williams should prevail in her intent to sell sexually stimulating devices to Alabamans, since the Eleventh Circuit has now recognized the right of Alabamans to use the devices, and its quarrel over their sale would seem to be at odds with the settled law of Griswold. And Lee points out that the Griswold decision has been so popular and so accepted by society that judicial nominees who've spoken out against it have uniformly failed to be confirmed. But for Lee, it all comes down to Lawrence. "It is my view that as a logical matter, the Sherri Williams is a fortiori [directly following from] after Lawrence," Lee assessed. "If Lawrence is valid about the conduct involved, if the government can't regulate conduct between two consenting adults, how can it regulate the conduct of one person alone in his or her bedroom? That's why we've been saying in our briefs that that part is a fortiori. The next thing you look at is, what else is there? And what the Eleventh Circuit said is, 'Yes, but in this case there's commerce in the material.' What's going on in the back of everybody's mind is this: If there's no commercial/non-commercial distinction in Sherri Williams' case based on Lawrence, how's anybody going to uphold prostitution laws? We have a footnote in our brief saying we're ready to address that issue." It's unclear how much time the state of Alabama will have to file its brief in response to Williams' petition, but First Amendment attorneys around the country are waiting anxiously for the Supreme Court's decision as to whether it will hear Sherri Williams' case — an announcement that could come at any time between now and June of 2008. [AVN Ed's. Note: The full article with further details regarding the case can be found at AVN.com] http://avn.com/index_cache.php?Primary_Navigation=Articles&Action=View_Article&Content_ID=291697 Social Conservatives Charge Romney with not Doing Enough to Stop Pornography BOSTON, MA - Right-wing presidential hopeful Mitt Romney, who recently suggested a link between the Virginia Tech shooter and pornography, is being criticized by his fellow social conservatives for not having ceased the offering of adult entertainment in Marriott hotels during his nearly 10 years on the chain's board of directors. The former governor of Massachusetts has drawn cries of hypocrisy from fellow conservatives for espousing a "family" ideology despite failing to block pay-per-view pornography from Marriott hotels during his nearly 10 years on the chain's board of directors. According to an Associated Press story, Ohio's Citizens for Community Values (CCV), Washington's Family Research Council and other anti-porn groups have called Romney on the carpet for not using his influence as a Marriott board member to halt the offering of hardcore movies in the company's rooms, something they feel contradicts the "family man" image he's cottoned to in his campaign. "Marriott is a major pornographer," said CCV president Phil Burgess. "And even though he may have fought it, everyone on that board is a hypocrite for presenting themselves as [having] family values when their hotels offer 70 different types of hardcore pornography." Romney served on the Marriott board from 1992 to 2001, and has told the AP that he has no recollection of pornography being brought up for discussion during that time, nor any knowledge of how much revenue was being generated for the chain by porn, despite sitting at the head of the board's audit committee. In a noncommittal statement on the matter, Romney remarked, "I am not pursuing an effort to try and stop adults from being able to acquire or see things that I find objectionable; that's their right. But I do vehemently oppose practices or business procedures that will allow kids to be exposed to obscenity." Marriott's television and movie services during Romney's board tenure were provided by On Command Corp., bought out this year by LodgeNet Entertainment Corp., which has since assumed the contract. Marriott has refused to disclose whether the On Command contract was ever discussed or voted upon by the board, but spokesman Roger Conner did reveal that the contract was signed in 1991, the year prior to Romney's start. The company argues that offering PPV porn is a fiscal necessity due to customer demand and contract stipulations. "It certainly would have been wrong to impose his own personal beliefs if they were contrary to the financial interests of the company," said Conner. In a "Focus on the Family" radio broadcast this week, media analyst Daniel Weiss said, "If [Romney] made money off pornography in the post, is he going to turn a blind eye to it if he's president? Because as chief executive of the nation, it's his responsibility to make sure our nation's obscenity laws are efficiently and vigorously enforced." During a May 5 commencement address at evangelist Pat Robertson's Regent University, Romney drew a link between pornography and the Virginia Tech and Columbine High School shooting sprees, saying, "Pornography and violence poison our music and movies and TV and video games. The Virginia Tech shooter, like the Columbine shooters before him, had drunk from this cesspool." http://news.bostonherald.com/politics/view.bg?articleid=1009801 Influencing Public Officials By Matt Gray Presumably, elected officials are supposed to reflect the demographic values of their district's residents and voters. In this representative role, when a sizable portion of those constituents reach out to that public official, the will of those people translates into some official position by that public official. Lloyd Levine wants to be a California State Senator. He is now a State Assemblyman with five years under his belt, with only one year remaining before his mandatory six-year term ends. Representing most of the San Fernando Valley, his constituency is located in the heart of the adult entertainment industry in California. But amidst one of the industry's fiercest battles against state legislation which seeks to tax the industry at a whopping rate of 8% on top of all other taxes, Levine has yet to seize the opportunity to be a hero for the industry. In the hopes that he would at least speak up to protect jobs in his district, industry leaders visited with his office staff and asked for his help. This is also a great opportunity for his voters to reach out and ask for his leadership in killing this bad legislation. It is entirely appropriate that the elected officials for the San Fernando Valley (and other adult entertainment industry hotspots), speak up to protect jobs and businesses in their districts. While we may not suggest or declare that votes or other influences are somehow tied to how he acts on this legislation, we may strongly urge his opposition and his immediate action. If you would like to contact Assemblyman Levine, you may do so by writing to State Capitol, Room 5136, Sacramento, CA 95814, or by faxing 916-319-2140. Another prominent player on the AB 1551 scene is Los Angles County Sheriff Lee Baca, who just came out in support of AB 1551. His lobbyist was quoted in a Sacramento newspaper, saying "adult businesses often are in run-down neighborhoods plagued by prostitution, drug dealing, or other criminal activity," and so, he feels, "adding an extra cost of doing business in order to improve the quality of life in neighborhoods is justified." The truth is -- those neighborhoods were like that (bad) before these adult businesses moved in, and the only reasons these adult businesses are in these neighborhoods to begin with is because they were restricted to these locations by overbearing zoning regulations. Ask yourself where you would choose to open a business - in a great neighborhood where people feel safe shopping, or in a bad neighborhood which increased your risks as a business? We all know that the only way zoning restrictions are permitted against adult entertainment businesses is because they are believed to be necessary to counter so-called adverse "secondary effects." While this theory remains unproven and, in fact, research overwhelmingly supports the opposite conclusion, it is still the prevailing theory in most jurisdictions. But, if zoning restrictions are ineffective at countering adverse secondary effects, and a tax is therefore necessary to do what zoning restrictions cannot, then the only true purpose of zoning restrictions is as a form of censorship. And if the zoning restrictions' only true purpose is to censor, then such restrictions are unconstitutional on their face. Citing support for a tax which in turn weakens the constitutionality of zoning restrictions, Sheriff Baca is, in essence, supporting the erosion of zoning restrictions for adult businesses as perhaps an unintended consequence of his own position. While we certainly appreciate Sheriff Baca's attention to the issue of criminal behavior, as the adult entertainment industry has for years worked closely with law enforcement to improve public safety in a number of key areas, his support for AB 1551 is at best disappointing, undeserved, and I believe uninformed. Sheriff Baca is an elected official, in a non-partisan office which represents all residents in Los Angeles County. He would benefit from hearing constructive input from residents who are familiar with the adult entertainment industry, and be urged to remove his support of AB 1551. Of course, letters may include the previous explanation of how AB 1551 would undermine the current zoning restrictions. Sheriff Baca may be contacted at: Leroy D. Baca, Sheriff, Los Angeles County Sheriff's Department 4700 Ramona Blvd. Monterey Park, CA 91754 ============================================================== 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
Delivering Weekly Censorship Updates to the Adult Entertainment Industry Vol. X, No. 28, July 20, 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. FSC provides the following overview of the proposed 2257 Rules and Regulations for members' information. Frequently-asked questions and information regarding how industry representatives can contact the DOJ with requested feedback on these proposed rules and regulations will be provided in the upcoming X-Press, through a member e-mail Advisory and/or posted to the FSC website at www.freespeechcoalition.com . We ask that the industry await further suggestion about contacting Congress so that our collective impact on this issue can be as powerful as possible. The deadline is September 10, 2007, so we still have plenty of time to coordinate the effort. Thank you for your patience as the FSC legal team works quickly to respond to the new proposal and its related timeline. Together, we will speak as "one voice" with one unified message. ADDITIONS, CHANGES AND CLARIFICATIONS RE: 18 U.S.C. 2257 Source: Federal Register, Vol. 72, No. 133, Page 38033-39 These are NOT the final rules! NEW Record Keeping Rules for Secondaries: * "Lascivious exhibition of the genitals" is now part of the definition of "actual sexually explicit conduct," (the recording of which triggers the statute) purportedly retroactively back to July 27, 2006. Note: By some courts' view, the genital area may be clothed and yet fall within this definition. See, for example, U.S. v. Knox 32 F.3d 733 (C.A.3,1994) * Applies only to images recorded on or after July 27, 2006.* * Can accept a duplicate of ID and with the address and other unnecessary data deleted, but must contain photo, serial number, name, and DOB. * Must otherwise index and cross-reference as if a primary (but with additional burdens). * Secondaries are subject to inspections just as primaries have been. CHANGES: * Live web cams must record sufficient material to identify performer and must otherwise comply with record-keeping (may be in conflict with pending FSC v. Gonzalez injunction). * Websites must put entire 2257 statement (designating e.g., custodian and street address), rather than previously approved hypertext. * Primaries may delete "non-essentials" from ID copies provided to secondaries (but must contain photo, serial number, name, and DOB). CLARIFICATIONS: * Producers (foreign or domestic) filming overseas may rely on government-issued ID other than USA-issued. * Primary producers with performances recorded before June 23, 2005, may rely upon non-government ID, such as employer or school ID. Fight Back: * FSC is launching an industry-wide campaign to encourage participation for the 2257 public comment period. * PUBLIC COMMENT PERIOD ENDS SEPTEMBER 10, 2007 * Visit freespeechcoalition.com for help in formatting and transmitting your comments (Guide will be soon available). ___________ * This is contained solely in the comments, page 38035, not in the proposed regulations themselves. Credit to FSC Executive Director and constitutional attorney Reed Lee for first bringing this anomaly to our attention. New Proposed 2257 Regs Published WASHINGTON, D.C. - New proposed revisions to the regulations for records relating to visual depictions of sexually explicit conduct were published last week to the Federal Register. FSC immediately notified all members via an e-mail blast of this important news (Ed. Note: Our apologies for the loop of notifying e-mails that resulted in our attempt to keep everyone duly informed). The new regulations reflect changes made to 18 U.S.C. 2257 under the Adam Walsh Child Safety and Protection Act last year, legislation signed into law by President George W. Bush on July 27, 2006. Alterations to 2257 made under the Adam Walsh Act include significant changes in statutory definition of the word "produces," revisions to exclusions in the statute for the operation of Internet companies, and the inclusion of depictions of "lascivious exhibition of the genitals or pubic area of a person" in the type of material covered under 2257. In the new proposed regulations, the Justice Department states that the Adam Walsh Act also "confirmed that the statute applies to secondary producers as currently (and previously) defined in the regulations." Also changed under the Adam Walsh Act was the requirement regarding the placement of 2257 compliance statements on websites. Under the current regulations, website operators are permitted to affix the label stating the location where the required records are kept "on its homepage, any known major entry points, or principal URL (including the principal URL of a subdomain), or in a separate window that opens upon the viewer's clicking a hypertext link that states, '18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement.'" The new proposed regulations revise the labeling rule such that the label must now appear on "every page of a website on which a visual depiction of an actual human being engaged in actual sexually explicit conduct appears." FSC will be posting both Frequently-Asked Questions and an overview of the proposed changes to the Rules & Regs on its website as well as in this edition of the X-Press. http://xbiz.com/news/legal/81855 FSC PROVIDES OVERVIEW OF THE PROPOSED 2257 RULES & REGS - Frequently-Asked Questions to be provided to members next week Kansas City Anti-Porn Petitions Lead to Grand Jury Probes KANSAS CITY and OVERLAND PARK, KS - Courts in Wyandotte and Johnson counties began forming grand juries this week in response to a petition drive by anti-porn crusader Philip Cosby in his campaign to wipe out adult businesses in the Kansas City area. Cosby heads the Kansas City chapter of the National Coalition for the Protection of Children and Families (NCPCF). Earlier this year, he organized a petition drive calling for grand jury investigations of 32 adult businesses in Kansas and Missouri for promotion of obscenity. Enlisting the help of church leaders and community activists, Cosby's group delivered the petitions to six county courthouses in May. Kansas allows citizens to call for grand juries through petitions. Depending on jurors' reactions to adult material, the grand jury investigations could lead to obscenity indictments. The Kansas City Star reported today that "jurors might be asked to watch adult videos, review adult toys, or even take field trips to businesses in question," in an attempt to define community standards. Thus far, several counties in Missouri have not acted on the petitions beyond sending letters to the businesses in question reminding them to comply with state obscenity law. According to the Star, one liquor store in Platte County has already buckled to the pressure, ceasing all sales of adult material, indicating the potentially 'chilling' nature of this coalition's efforts on the expression of free speech in the area. This isn't the first time Cosby has used the petition strategy as a tool in his quest to wipe out porn. In 2003, he led an unsuccessful effort to shut down the Lion's Den adult bookstore in Dickinson County. http://www.kansascity.com/105/story/191300.html PA. Borough Considers Adult Business Restrictions TULLYTOWN, PA - Although there aren't any adult businesses in the borough of Tullytown as of yet, the borough council is currently considering an ordinance that would regulate adult businesses should they someday appear. Council president Beth Pirolli told the Bucks County Courier Times that the ordinance would control and regulate the location and operation of any prospective strip clubs, adult video stores or arcades that intend on moving into Tullytown. "This will prevent an abundance of such adult businesses in the community," Pirolli said. "The spacing regulations will prevent a 'red light' type district." Under the proposed ordinance, adult-oriented businesses would be prohibited from setting up shop in commercial areas; regulating them to the community's sole industrial area. The ordinance also requires adult businesses to keep a certain distance away from each other. "Residents traditionally do not want adult business establishments interspersed throughout residential and family-frequented business areas," Pirolli continued. "Residents shouldn't have to worry about businesses of the adult-oriented nature being allowed to operate in family-frequented areas such as residential, shopping centers, highways that represent the community to passersby, church and school properties, daycare centers and business areas that could be negatively impacted by adult businesses." A hearing for the proposed ordinance is scheduled for Aug. 7. If passed, the ordinance would be enforced by the borough zoning officer. http://www.phillyburbs.com/pb-dyn/news/111-07132007-1377331.html Scottsdale Council Votes to Allow Lap Dancing SCOTTSDALE, AZ - The Scottsdale City Council unanimously approved a new adult business ordinance last week that allows lap dancing and "on-person or in-costume" tipping in strip clubs. The council's decision resolves a long-running local debate centering on two local businesses, Babe's Cabaret and Skin Cabaret. First Amendment attorney Paul Cambria played a key role in drafting the new ordinance as chief counsel for Babe's, which is partly owned by AVN Hall of Famer Jenna Jameson. "We're quite pleased with the results," Cambria told AVN. "We went through the entire referendum process, and we were successful in defeating the law that had been spearheaded by Scott Bergthold, who is an attorney who basically hires himself out as an adult entertainment killer. "After that, the city attorneys were most cooperative in attempting to work out our differences in terms of what legislation we could live with, and what they could live with. Myself, my business partner Roger Wilcox and John Weston, who represented Skin Cabaret, proposed a number of statutory provisions, and yesterday when I was in Scottsdale, I negotiated the last two bumps in the road that we had with the city over language. We came up with kind of a mutual draft, which the council passed 7-0. Even our greatest detractor, Mayor Mary Manross, signed on board this particular statute." The city first attempted to crack down on the clubs in 2005, hiring Bergthold to draft an extremely restrictive ordinance that included a ban on nudity and a mandatory 4-foot distance between dancers and patrons. Although the council approved the restrictions, voters defeated that proposal in September 2006. The new ordinance allows dancers to perform nude if they abide by certain stage restrictions, or with pasties and a G-string without any stage restrictions (as is the case at Babe's.) In addition, the ordinance extends hours of operation until 2 a.m., and modifies a requirement regarding surveillance of the areas where dancing occurs. "In the past, in a lot of municipalities the laws are so expansive that police officers take the mere fact of the lap dance as improper conduct," Cambria noted. "We specifically had that excluded. The conduct prohibited does not include incidental touching or the contact between the dancer's butt and the patron's lap, which is very important because this eliminates the ability for police officers who have the inclination to harass the dancers, patrons and club owners by trying to claim that the mere touching was some kind of improper conduct. "The other thing that we've added to this statute is that the touching that's prohibited must be done with the intent to excite or stimulate; it has to be something more than mere touching or the ordinary kind of excitement or arousal that may occur just from observing a dance." The Scottsdale council vote is notable in that council members opposed to adult entertainment reversed their stance on the issue in response to public opinion. Cambria told AVN the lessons learned through his experience in Scottsdale could prove useful in the current fight against anti-adult legislation in Ohio. "We discovered that people relate less to freedom and constitutional issues than they do government micro-managing small businesses," Cambria said. "You cast a wider net if you're saying, 'How can we let government micro-manage these small businesses? Yours will be next - your gas station, your fish tackle store, your convenience store. They'll be dictating your hours of operation, how to display your goods...' That has a much wider appeal than telling people, 'Hey, let us sell adult movies', because a number of people just won't expend the effort to vote if it doesn't affect them directly." http://avn.com/index_cache.php?Primary_Navigation=Articles&Action=View_Article&Content_ID=291830 Tenn. Town Updates Laws Restricting Adult Businesses SMYRNA, TN - Smyrna officials are updating the town's law restricting adult businesses to include specific definitions that town leaders expect will pass constitutional muster. The code that is to be updated, established in 1994, defines an adult bookstore as one where sexual materials make up "a substantial or significant portion of its stock and trade" but does not define what substantial or significant portion would be. The Daily News Journal notes that the language in the current Smyrna code is nearly identical to a Knoxville law that the Tennessee Supreme Court struck down in 2005 because it found that the definitions used were "unconstitutionally vague." Town Attorney Michele Elliott says that the proposed change, which is part of an overhaul of all the town's codes, may happen as soon as August. She stressed that adult-oriented businesses have been shown to have negative secondary effects. In 2005, the Tennessee Supreme Court struck down a Knoxville law restricting adult businesses because that law was in its definition. The language currently in Smyrna's Municipal Code is nearly identical to that law. Smyrna's draft resolution redefining adult bookstores would define them as establishments with sexual material making up a "substantial portion as 20 percent of the floor areas, 20 percent of inventory, 20 percent of revenues, and an inventory of 200 or more units." The Murfreesboro City Council made an almost identical change to its definition of adult video stores last year. Murfreesboro is currently involved in at least two legal battles arising from that law. In February, Murfreesboro sued 21 Up Movies and More, an adult video store for violating its zoning restrictions on adult-only establishments 21 Up has since counter-sued the city, and independent video store Video Culture, which was made to reduce its stock of adult videos to less than 200, has joined that suit. The location restrictions on adult business in Smyrna aren't limited to the location but also require the business to be 1,500 feet from any public recreation area, school or college, religious facility or day-care service. Such businesses are also prohibited from locating within 1,350 feet of any residential zone, 2,500 feet of Interstate 24, or 1,000 feet of any other adult-oriented business. In addition to the location requirements, Smyrna requires that an adult business operator must register with the police and submit to a background check before opening a store. CONGRESSIONAL OBSERVATIONS FROM FSC's DC LOBBYISTS - With Congress having been out for 10 days in July and about to split for the entire month of August, Washington is prepping for relaxation mode. No major oversight initiatives are bearing down on the industry (knock on wood), but there are some collateral issues at play that are quite interesting. As the fires from the Don Imus "nappy-headed" ordeal begin to smolder and fade, Congress has decided to take a close look at music industry and its lyrics. Congressman Bobby L. Rush, who serves on the House Committee on Energy and Commerce's Subcommittee on Commerce, Trade, and Consumer Protection (which has jurisdiction over the cable and broadcast industries), has announced that he intends to convene a hearing on the current state of music and, more to the point, the disrespect of women in the broadcast industry. While not stated, it seems clear that such interest is Imus-prompted. Rush hopes to fill a witness panel with executives from the major music labels, but no details have been made public thus far. Word has it that the hearing will be held prior to Congress's month-long adjournment at the end of July. On the "other side of the dome" (the Capitol's, that is), the Senate is beginning to consider Senator Joe Biden's (D-DE) Combating Child Exploitation Act of 2007, which is touted as, "a bill to establish a Special Counsel for Child Exploitation Prevention and Interdiction within the Office of the Deputy Attorney General, to improve the Internet Crimes Against Children Task Force (46 regional Task Force agencies working together to help State and local law enforcement agencies enhance their investigative response to offenders who use the Internet and online communication systems), to increase resources for regional computer forensic labs, and to make other improvements to increase the ability of law enforcement agencies to investigate and prosecute predators." It's too early to determine whether there will be any online censorship or monitoring affected by the legislation, but rest assured we'll be checking in as it moves along. Stay tuned. -- The Raben Group
Delivering Weekly Censorship Updates to the Adult Entertainment Industry Vol. X, No. 29, July 27, 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. FSC Launches 2257 Public Comment Campaign CANOGA PARK, CA - Today, the Free Speech Coalition released its "2257 Guide for Public Comment" and launched a campaign to garner industry participation during the DOJ's public comment period for the 2257 proposed rules and regulations. The guide educates members of the adult entertainment industry about how and what to communicate during the public comment period. Input about the new rules and regulations released July 12, 2007, will be accepted by the Department of Justice through September 10, 2007. "Government regulations must not pose an undue burden on the industry they regulate," said Diane Duke, Free Speech Coalition Executive Director. "The Department of Justice has taken the position that the burden 2257 imposes on the industry is 'negligible'. It is up to us to prove otherwise." The current regulations are just proposals; therefore, they have no force of law at this time. They merely represent the current thinking of this administration. After the public comment period, the Department of Justice reviews comments and then issues final regulations with an effective date. The process typically takes many months. Unless the proposed regulations are radically changed in ways more favorable to the adult entertainment industry, it is the intention of FSC to seek a court order preventing implementation of the proposed "final" regulations after they are announced, but prior to the effective date. "Full industry participation in the public comment period is critical," Duke said. "Failure to speak up now is tantamount to agreeing with the DOJ's assessment of 2257's burden on the industry. If the Department of Justice disregards our input, at the very least, we will have built a solid foundation for our next phase of litigation." In addition to the 2257 Guide for Public Comment, FSC released a Frequently-Asked-Questions (FAQ) document to help answer industry questions raised by the release of the proposed rules and regulations. Both documents will be posted on FSC's website at www.freespeechcoalition.com by Monday July 30th. They will also be included in next week's X-Press e-newsletter as a service to FSC members. FBI Inspects Gentlemen's Video 2257 Records CHATSWORTH, Calif. - FBI agents visited the offices of Gentlemen's Video last Thursday to inspect the company's 2257 record keeping. "They picked about 15 movies, and we were compliant on everything," Gentlemen's Video President Michael Esposito said. "We're lucky that our movies only have three to four scenes in them compared to other companies that maybe have seven or eight. We've had our records pretty well in order and we just cooperated with them. They were out of here in about four hours." Esposito continued, "We passed with flying colors. They gave us a suggestion on how to make it easier if in the future if we ever get inspected again. It was relatively quick and painless. We were cooperating. They were nice. And it was all relatively newer stuff they were looking for; there were only one or two titles that were 2257 exempt." The stop was the latest in a series of random inspections the FBI has conducted over the past year as it continues to check on adult companies' compliance with the regulations. In June, FBI special agent Chuck Joyner indicated that the Bureau planned to conduct at least one inspection of an adult company every two weeks for the foreseeable future. As of late June, the FBI had already inspected the 2257 record-keeping of 19 companies. http://avn.com/index_cache.php?Primary_Navigation=Articles&Action=View_Article&Content_ID=292167 FSC Membership Meeting Features 'Presidential Debate' NORTH HOLLYWOOD, Calif. - The Free Speech Coalition's first membership meeting under new executive director Diane Duke took place last week after the close of the Adult Novelty Expo, and the invited guests delivered all-star information and entertainment. Hustler editor Bruce David filed in for scheduled keynote speaker Larry Flynt, who'd been invited at the last minute to appear on the “Larry King Show” to discuss Hustler's outing of Sen. David Vitter as a client of D.C. Madam Deborah Jeane Palfrey. David lauded Flynt's unswerving activism for free speech causes, and dished details of how Hustler crime reporter Dan Moldea had managed to link up with Palfrey, and managed to discover Vitter's number on the Palfrey’s list of clients. David described a flurry of phone calls between Moldea, himself and Flynt as to how to handle the matter – a debate settled by Flynt saying, "Get the son of a bitch." "We're going after hypocrites and liars," David announced, noting that of the 280 responses Hustler had received to its ad in the Washington Post seeking information on Washington insiders' sexual indiscretions, the staff was following up on the 25 most promising ones. The highlight of the meeting, however, was the "presidential debate" -- that is, a panel of past FSC presidents responding to questions from moderator Robert Raben, FSC's Washington lobbyist. The panel, which consisted of Nick Boyias, Julie Stewart, Gloria Leonard, Jim Everett and Scott Tucker, represented all of FSC's past presidents except Lenny Friedlander, who was kept away by a family emergency. Boyias took Raben's invitation to contrast adult industry productions with Hollywood's to recount his travails in producing the award-winning mainstream feature Quinceanera, helmed by adult industry director Wash West at a final cost of over $900,000. Boyias noted that just about everyone connected with the film, including distributor Sony Pictures Classics, made a profit except himself, then warning, "Stay in porn; that's where the money is." Stewart used her five minutes to talk about how she got involved in FSC in the first place -- she'd grown tired of complaining that she didn't know what Free Speech did for the industry, so she joined to find out -- and noted that the current political scene presents many challenges for industry members, whom she saw as adrift in an "atmosphere of political malaise." Her answer for that condition was the recognition that people need to be informed of what the industry's enemies are doing, and suggested that manufacturers slip political "fact sheets" into product boxes .. and possibly even postcards pre-addressed to legislators, letting them know that, "I'm a happy sex toy user" or "I'm a happy porn viewer." Leonard was asked to comment on what changes she had seen in the present-day industry from her perspective as an early porn star. Leonard decried the lack of storyline features currently being produced, saying that today's content is much the same as the 8mm loops that were popular when she was first starting out; that adult features are much more readily available now, and in more varied forms, than in the mid-'70s, noting that in those days, movies played for a week in theaters and were then forgotten. "I do sort of miss the good old days," she concluded. Current FSC president Jim Everett, who works as a consultant for, among others, the Lion's Den chain of retail stores, was asked about how the recently-enacted SB 16 will affect his home state of Ohio, as well as the rest of the country. Everett then detailed the fight being waged by the Buckeye Association of Club Executives, whose members include both adult cabaret and adult bookstore owners, and the newly-formed Citizens for Community Standards to gather enough voter signatures to put the new law on the November ballot. Noting that he expects to have obtained over 100,000 signatures by this weekend, Everett stated, "This is about a serious loss of freedoms." Topco Sales owner Scott Tucker batted clean-up for the panel, assessing what he considered to be the most important issues facing the industry today -- and not surprisingly, he dealt with the "obscene device" laws currently on the books in seven states, which he noted represent 14% of the country. "They can buy guns but they can't buy a dildo," Tucker exclaimed, suggesting that perhaps some group should be formed which has as its slogan, "Save the Dildos." Finally, FSC board chair Jeffrey Douglas took the microphone to give the group a short update on the new 2257 regulations, much of which was summarized on a "fact sheet" distributed by ASACP executive director and FSC board member Joan Irvine. On the down side, Douglas noted that "lascivious exhibition of the genitals" had been added as a category triggering the requirement to keep 2257 records, and that such exhibition need not even be nude; a "filled jockstrap" could be sufficient to trigger compliance. Declaring that 2257 was not about child porn, but is "designed to entrap you," Douglas warned that 2257 compliance "is something you must discuss with a lawyer," and that "This is potentially a life or death fight for the industry." He urged attendees to check out the Free Speech website in the near future for tips and forms on how to comment to the Justice Department on the new regulations, and stated that Free Speech will be taking legal action to protect the industry from the harmful effects of the new regs. http://avn.com/index_cache.php?Primary_Navigation=Articles&Action=View_Article&Content_ID=292120 Senate Committee Approves New Indecency Measure WASHINGTON - Last week a Senate committee gave its stamp of approval to yet another piece of legislation that purports to protect children from “indecent” material. Last Friday the Senate Commerce Committee approved the Protecting Children from Indecent Programming Act, legislation that would enable the Federal Communications Commission to maintain a policy that a single word or image may be considered “indecent” and result in fines, accordingly. The bill, introduced by Sen. John Rockefeller, D-W. Va., would “require the FCC, in enforcing its regulations concerning the broadcast of indecent programming, to maintain a policy that a single word or image may be considered indecent,” according to current text of the bill. Committee Vice Chairman Ted Stevens, R-Alaska, who co-sponsored the bill, said Thursday that he was “pleased to see the Commerce Committee swiftly approve this bill.” “It is important to give the FCC the tools it needs to continue to protect the American public from indecency on radio and broadcast television,” Stevens said. The proposed act, also known as S1780, is one of several bills that have been introduced in response to a recent decision by the 2nd U.S. Circuit Court of Appeals in the case Fox Television Stations vs. FCC. In the Fox case, the court found that the “FCC’s new policy sanctioning ‘fleeting expletives’ is arbitrary and capricious under the Administrative Procedures Act for failing to articulate a reasoned basis for its change in policy.” In June, FCC Chairman Kevin Martin reacted angrily to the court’s ruling, saying that he was “disappointed for American families.” “I find it hard to believe that the New York court would tell American families that ‘shit’ and ‘fuck’ are fine to say on broadcast television during the hours when children are most likely to be in the audience,” Martin said at the time. Friday, Martin hailed the Commerce Committee’s approval of S1780. “I appreciate the actions by the Senate Committee on Science, Commerce and Transportation, which affirmed the commission's ability to protect our children from indecent language and images on television and radio,” Martin said. “Significantly, members of Congress stated once again what we on the commission and every parent already knows: Even a single word or image can indeed be indecent.” Martin’s appreciation for the Commerce Committee vote is not necessarily shared by free speech groups, 1st Amendment attorneys and broadcasters, of course. Attorney Reed Lee, president of the 1st Amendment Lawyers Association, told XBIZ that while the introduction of such legislation following the 2nd Circuit’s recent ruling as “certainly predictable,” the bill would not alter the fundamental constitutional issues at play in cases like Fox vs. FCC. “Congress can’t affect the contours of the 1st Amendment,” Lee said. “It can force the courts to reach such issues — if it really wants to — but it cannot change the constitutional issues that loom behind all the statutory interpretation.” Several free speech advocacy groups including the ACLU and the Center for Democracy and Technology have issued statements condemning the bill and urging the Senate to vote it down. http://xbiz.com/news/legal/82153 British Hotel Chain Bans PPV Porn LONDON - A British hotel chain announced last week their decision to cease offering adult entertainment at their properties. The move is unusual because most hotel chains enjoy significant profits from adult pay-per-view movies. Travelodge operates 318 discount hotels in the United Kingdom, in addition to a small number of properties in Ireland and Spain. The company is not associated with the American chain of the same name. In lieu of adult entertainment, the company is introducing a new service that offers 18 free, family-friendly channels. Travelodge’s chief operating officer Guy Parsons said the decision to remove pay-per-view adult channels was made to "appeal to the ever-growing number of families” that constitute the chain’s primary customer base. "Our other customers tell us that they would prefer to use a hotel without adult content available so we have responded to meet their needs," Parsons said. Ironically, at the time of the announcement, the hotel chain’s website was running a “Sex in the City” promotion, offering a deal for women looking for a weekend-getaway. http://www.thesun.co.uk/article/0,,2001330003-2007340007,00.html Va. Start-up Expelled from Incubator after Adult Business Plans Become Public CHARLOTTESVILLE, Va. - A start-up company that aims to provide secure money transfers for the online adult entertainment and gambling industries was kicked out of a business incubator at the University of Virginia this week after their business model came to light. Following a July 7 report in the Daily Progress about Pmints, a company modeled after PayPal with a business plan that includes transactions for online porn and gambling, alumni and community members began calling for the removal of the company from the school’s business incubator. As a result of having been expelled from the incubator at the university’s Darden Graduate School of Business Administration, Pmints has lost its office space, stipends, and access to faculty advisors and legal support. “The school, as a public institution of the commonwealth of Virginia, cannot directly support, financially or otherwise, his startup venture, Pmints, because of the nature of some aspects of the business,” Darden Dean Robert F. Bruner said. Rafael Diaz-Tushman, Pmints’ chief executive officer and a graduate student at Darden, told the Daily Progress that the payment processing start-up intends to launch later this year despite the setback. Diaz-Tushman said that Pmints’ business plan was no secret at Darden, as the company was one of seven firms invited to join the incubator. “They all definitely knew about us,” he said. http://www.dailypress.com/news/local/virginia/dp-va--u.va-incubator0724jul24,0,2246843.story?coll=dp-headlines-virginia
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