2257 STIPULATED AGREEMENT EXTENDED
DENVER, CO -- The stipulated agreement between the parties for a temporary restraining order (TRO) in Free Speech Coalition, et al v. Alberto Gonzales has been extended for a month. The extension will terminate October 31, 2005, or whenever the court rules on plaintiffs’ motion for preliminary injunction. Under the agreement, the Justice Department is restrained from inspecting or enforcing U.S.C. 18 § 2257 against plaintiffs in the case, which includes all members of the Free Speech Coalition as of June 23rd. It remains the expectation of the FSC attorneys that a decision will come soon from U.S. District Court Judge Walker D. Miller on the plaintiff’s motion for a preliminary injunction.
From an FSC press release, 10/1/05
www.freespeechcoalition.com
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FSC MEMBERSHIP MEETING IN VEGAS MONDAY
       CANOGA PARK, CA -- FSC will hold a special membership meeting and legal seminar during the International Lingerie Show, on Monday, October 10, 2005, at the Rio in the Lambada Room in Las Vegas.
       The event is scheduled to begin at 5:30 PM (RSVPs not necessary). FSC Executive Director Michelle L. Freridge will moderate the meeting and seminar, and will speak on 2257 and other ongoing FSC projects. Joining her will be Michael D. Stein, an attorney who will speak on billboard and business licensing issues, as well as backdoor censorship strategies that could impact adult businesses; and Allen Lichtenstein, a First Amendment attorney and General Counsel for the ACLU of Nevada, who will speak on adult entertainment tax initiatives.
From an FSC press release, 10/5/05
www.freespeechcoalition.com
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COURT NOMINEE IN TROUBLE FROM THE RIGHT
WASHINGTON, DC -- Harriet Miers, President Bush’s nominee to replace Sandra Day O’Connor as Associate Justice on the Supreme Court, is a self-described “born again” Christian. But that is apparently not enough to save her from attacks from the religious right and a pronounced lack of enthusiasm among some Republican Senators, such as Judiciary Committee heavyweight Sam Brownback (R-KS). Her problem is that she lacks the track record to prove she is the die-hard social conservative nominee that the religious right had hoped for and virtually demanded from the President. In addition, her relatively lame credentials, especially on the heels of the Roberts confirmation -- a tough act to follow -- leaves the nomination open to charges of cronyism on the part of the President for picking his long-time personal attorney for the position. Democrats are so far mostly silent, no doubt enjoying the spectacle of Republican disarray.
For a recent report on Brownback’s response see: Sheryl Gay Stolberg, The New York Times, 10/7/05
http://www.nytimes.com/2005/10/07/politics/politicsspecial1/
07confirm.html?th&emc=th
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FEDS SEARCH MAX HARDCORE OFFICES
       ALTADENA, CA -- Armed with a search warrant, FBI agents recently entered the California and Florida offices of Max World Entertainment, seizing selected videos as well as the primary and backup servers for Maxhardcore.com. The Florida servers have since been returned and the Max Hardcore website is now back online. The remaining servers will be returned soon under an agreement between the FBI and Hardcore’s attorney, Jeffrey J. Douglas.
        At this point no charges have been filed. Searches and seizures in obscenity probes -- which this presumably is -- normally follow investigations which can take some months. It also generally takes six to eight months before indictments are issued following searches.
From Q. Boyer, Ynot.com, 10/6//05
http://www.ynot.com/modules.php?op=modload&name=News&file=
news_article&sid=9837
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BILL WOULD EXTEND POWERS TO TOWNSHIPS
       COLUMBUS, OHIO -- Adult industry representatives squared off against groups from the religious right in two hours of testimony before the state Senate Judiciary on Criminal Justice Committee on proposed new adult entertainment regulations here. HB 23 would broaden adult business regulations and extend regulatory powers to townships. FSC Legislative Affairs Director Kat Sunlove testified in opposition to the bill along with attorney J. Michael Murray, representing the Buckeye Association of Club Executives (ACE) and Angelina Spencer, Executive Director of National ACE, along with local adult industry professionals.
       What came out during the testimony, according to Sunlove, is that the real agenda of the unincorporated townships is not greater regulatory power -- they already have plenty of regulatory authority, as Murray pointed out during his testimony. The real agenda is that townships fear the expenses of legal challenges if they pass restrictive laws. And, in fact, Ohio townships can be held liable for damages under the law. HB 23 would, in effect, protect townships by giving primary responsibility to the state for litigation costs.
       Whether the testimony of adult industry representatives influenced the committee remains to be seen. The process itself, however, was interesting to Sunlove. Unlike California, where the industry has had a lobbying presence for some years, Ohio solons are not accustomed to seeing industry representatives step to the dais to vigorously argue on behalf of the industry and industry consumers.
From Gongwer News Service, 10/6/05 (subscription required)
http://www.gongwer-oh.com/index.html?link=legislation
_billdetail.cfm&code=HB%2023&billid
=2005HB2302&locid=2
And from an exclusive interview with Kat Sunlove
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COMMUNITY STANDARDS TEST UPHELD
       ST. MARTIN’S PARISH, LA -- State Judge Charles Porter has ruled that the Louisiana obscenity law is not unconstitutional by virtue of being overbroad or vague. The case involves Emmette Jacob Jr., the owner of Le Video Store, who faces obscenity charges based on video titles such as "Sabrina's First Swing Party Orgy" and "Bootleg Bondage, Vol. 1,” purchased by undercover cops at his store.
       In hearings, one of Jacob’s attorneys, J.D. Obenberger, raised questions about the constitutionality of Louisiana’s “community standards” test, guidelines set out under state law for determining what constitutes illegal obscenity. The test is flawed in its application in Louisiana because the state does not specify which “community” will define those standards, said Obenberger. He argued that 20 states have specifically defined the geographical boundaries of the community whose standards should define obscenity.
       Judge Porter did not agree. He said that the U.S. Supreme Court has made it clear that no state is required to set those boundaries. The judge wrote that Louisiana law permits jurors "to rely on their understanding of the community standards of the geographic area from which they assemble to judge the controversy."
       A trial date has not been set for Jacobs, or for Edward Burleigh Jr., the owner of Le Video Place, who faces charges in a related case. William Goode, one of Jacob's attorneys, said his client will likely appeal Porter's decision tossing out the constitutional challenge.
From Richard Burgess, The Advocate, 10/6/05
http://www.2theadvocate.com/stories/100605/sub_rejects001.shtml
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GROUPS WANT VICTORIA'S SECRETS TO STAY THAT WAY
       AMERICAN MALLS -- Victoria’s Secret stores have stirred controversy among conservative groups with a recent national marketing campaign featuring lingerie displays on lifelike mannequins. The Parents Television Council is in a dither. The Traditional Values Coalition (TVC) says the displays consist of half-naked and sexually suggestive mannequins, including women laying next to each other in lesbian-like poses and a mannequin tied up with ropes in an S/M pose. Action emails are going out from the groups in an effort to start a boycott.
        Not all communities are objecting to the displays. Anthony Hebron, a spokesman for Victoria's Secret, said that "a few" complaints have come in from Tysons (a Virginia store which is the focus of a TVC campaign) and from one other market. He explained that marketing campaigns are national, involving approximately 1000 stores. We interpret that to mean that red states and conservative cities get the same lesbian mannequins that San Francisco gets.
From Timothy Dwyer, The Washington Post, 10/5/05
http://www.washingtonpost.com/wp-dyn/content/article/2005/10/04/AR2005100401413_pf.html
And from a Traditional Values Coalition newsletter
See images of the displays at:
http://www.traditionalvalues.org/vs/
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PATRIOT ACT GAG RULE UPDATE
       WASHINGTON, DC -- The ACLU has filed an emergency appeal to the U.S. Supreme Court asking that the Second Circuit Court of Appeals in New York be overruled in the case of Doe v. Gonzalez. Little is known of the particulars of the appeal because it is on behalf of an anonymous client and the paperwork is censored. The case apparently involves librarians in Connecticut who are forbidden to discuss an FBI request for records under provisions of the U.S. Patriot Act. A lower federal court had ruled that the Doe plaintiffs could discuss the case.
       However, in September, a three-judge panel of the Second Circuit in Manhattan agreed to a temporary stay of the lower court ruling to give government attorneys time to appeal the lower court decision.
       In the meantime, according to ACLU attorney Ann Beeson, the gag order is preventing her from explaining her First Amendment argument about the free-speech rights of her client.
       The emergency appeal was filed with Justice Ruth Bader Ginsburg, who handles cases from the 2nd Circuit. She can act alone or ask that all the justices participate.
From The Associated Press, 10/3/05
http://www.msnbc.msn.com/id/9584827
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UpComing Events

SEPT 26, – Sin City Golf Classic Tournament, Tuscany Country Club, Las Vegas, NV http://www.sincitychamberofcommerce.com/sin_city_chamber_golf_classic.htm

SEPT 29, – FSC Membership Meeting, Warner Center Marriott, Woodland Hills, CA, 818-348-9373

OCT 8-9, – Adult Con 9, Convention Center, L.A., CA, http://www.adultcon.com/

OCT 9, – Tampa Show 2005 Caravan Of Stars http://www.tampashow.com/

OCT 9-10, – Gay Erotic Expo, Webster Hall, New York City, http://www.gayeroticexpo.com/

OCT 10, – 13th Annual NightMoves Adult Entertainment Awards, Tampa, FL http://www.tampashow.com/

OCT 21-23, – The Everything to do With Sex Show, Automotive Building, Toronto, Canada -- http://www.everythingtodowithsex.com/

OCT 22, – Exotic Erotic Ball, Cow Palace, San Francisco, CA http://www.exoticeroticball.com/

NOV 2-3 , – Adultcon Las Vegas 2005, Riviera Hotel, Las Vegas, http://www.adultcon.com/

JAN 5-7, – Internext, The Venetian, Las Vegas, NV http://www.internext-expo.com/index.shtml

JAN 5-8, – AVN Adult Entertainment Expo, Sands Expo Center, Las Vegas, NV, http://show.adultentertainmentexpo.com/adult-expo/v42/index.cvn

JAN 7, – 23rd Annual AVN Awards Celebration, Sands Expo Center, Las Vegas, NV, http://show.adultentertainmentexpo.com/adult-expo/v42/index.cvn