Vol. VII, No. 3, Nov. 12, 2004 -- A Member Service of the Free Speech Coalition
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Free Speech X-press is researched and edited by Kat Sunlove and Layne Winklebleck.
Copyright 2004 Free Speech Coalition. Permission to reprint granted to FSC members; please give credit.
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VISIT OUR WEBSITE FOR FSC MEMBERSHIP INFORMATION
http://www.freespeechcoalition.com
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Don’t forget: Deadline for FSC Board of Directors Nominations is November 15th.
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COME CELEBRATE FREE SPEECH IN CALIFORNIA
It’s time to mark your calendar to attend our acclaimed lobbying training program, Celebrate Free Speech Lobbying Days (CFSLD), next spring in Sacramento, California. The dates are Monday and Tuesday, April 18 and 19, and as always, space is limited.
The two-day event will include a full-day of political action training for participants, as well as our hugely popular cocktail reception for legislators and staff. In addition, this year we are adding a Community Forum to the schedule, where the public will be invited to join adult industry professionals and speakers from the Capitol in a discussion of issues of concern regarding free speech and adult entertainment.
Deadline for applications is Friday, March 18, 2005. Call the Legislative Affairs Office at 1-800-476-7813 or e-mail Sunlove@direcway.com for more information and an application form.
CFSLD continues to be an incredibly inspiring and empowering activity for those who attend and is a great staff development opportunity for industry leaders. Don’t miss it in 2005!
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General Membership Meeting December 2.
The next General Membership Meeting will be held at 5:30 p.m. (PDT) at the Warner Center Marriott in Woodland Hills, on Thursday, December 2, 2004. The new Executive Director, Michelle L. Freridge, Legislative Affairs Director Kat Sunlove, and members of the Board of Directors will meet and greet the membership over hors d’oeuvres and drinks.
First Amendment Attorney and FSC Board Chairman Jeffrey J. Douglas will give a presentation on Title 18, Section 2257, the newly expanded federal labeling law regulations, and will offer an updated model’s release form. Jeffrey will be available for questions afterwards. Dr. Sharon Mitchell from the Adult Industry Medical (AIM) Health Care Foundation is also on the agenda to offer a presentation and facilitate discussion about HIV self-regulation in the industry.
Members will get a sneak preview of the slate of nominees running for the Board of Directors and will be able to cast their vote at the meeting. New and continuing supporters will have the opportunity to pay their dues, make a donation, and sign up to work on a variety of projects in 2005. Please RSVP to Neva at 818-348-9373 or by e-mail at Free_Speech@sbcglobal.net.
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SENTENCES IN FEDERAL OBSCENITY CASES
OHIO AND WEST VIRGINIA – Sentences have been handed down in two separate federal cases. Judge Paul R. Matia of the U.S. District Court in the Northern District of Ohio sentenced an Ohio couple, Ronald and Alina Urbassikn, who had pleaded guilty in July to seven counts of obscenity related offenses. Ronald Urbassik was sentenced to 12 months and one day in prison, along with a $3,000 fine. Alina Urbassik was sentenced to 4 months in prison. According to the government, the Urbassikns operated a catalog business offering videotapes and DVDs depicting sadomasochism, defecation, urination and bestiality.
In West Virginia, Harold Foote Hoffman, who also pled guilty, was sentenced to 18 months in prison for using the U.S. Mail for the delivery of obscene matter containing depictions of defecation and bestiality. U.S. District Judge Joseph R. Goodwin also ordered Hoffman to forfeit any profits he had earned and any property connected to his production and mailing of the material.
From The Associated Press, 11/15/04
http://www.bdtonline.com/articles/2004/11/16/west_virginia_news/
03obscenitysent.txt
And from a Department of Justice Press release, 11/16/04
http://www.usdoj.gov/opa/pr/2004/November/04_crm_748.htm
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ADULT BUSINESSES HELP PLAN ADULT ZONING
LAKEWOOD, WA -- Korean American leaders, city residents, area merchants and the operators of adult businesses have worked together here to design an adult entertainment district. They met several times, came up with more than a dozen maps, voted for their top three and combined them into one plan. The process began a year ago when Korean Americans were angered by the city’s plans to allow adult businesses in their neighborhoods.
However, Gene Baker, president of the Korean-American Association of Tacoma now says the process has been a good one. He says it actually helped connect Lakewood and the Korean-American community.
“We are against this type of business,” said Baker, “but overall, this could be the best option.”
“It’s been a long process,” said Doreen Hovermale, owner of Elmo’s Books and Video, an adult shop. “But I was very happy with the cooperation that was shown." The 64-acre adult entertainment district, scattered across four separate sites, has gone into effect. Exotic dance clubs and adult bookstores already in business outside these zones will be permitted to stay. However, the district will allow for no more than five new adult entertainment businesses inside the new zone.
From Angie Leventis, The Tacoma News Tribune, 11/11/04
http://www.thenewstribune.com/news/local/story/4172351p-3946245c.html
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SET-BACK FOR ANTI-PORN GROUP
SALINA, KS – Two weeks ago we reported on a strategy being used by anti-porn activists here to force grand jury investigations. State law requires that that a grand jury be summoned if signatures of 476 eligible voters are verified and approved by district judges.
The activists sought an investigation to determine if two adult stores, Priscilla’s and Behind Closed Doors, are in violation of state obscenity laws, and they had gathered 598 signatures to that end.
However, now comes word that the Salina County Clerk has thrown out approximately half of the names on the petition, leaving the activist group short of the required number. Incorrect information regarding the voting precincts of the signatories led to the bulk of the names being removed, a technicality that petition organizers referred to as “nitpicky.”
From Scott Ross, AVN.com, 11/15/04
http://www.avn.com/index.php?Primary_Navigation=Articles&Action=
View_Article&Content_ID=205636
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FROM KARAOKE TO DANCE CLUB OVERNIGHT
SCHOFIELD, WI – A federal judge has ruled against the city and in favor of Ed
Kraimer Jr. and Gerald Morrell, who sought to open Grand Daddy’s, an exotic
dance club here. City officials tried to restrict adult entertainment through
ordinances dealing with zoning and alcohol and entertainment licenses, but they
went too far, said the judge, and violated Kraimer and Morrell’s constitutional
rights.
Now the city must decide whether to appeal, and in the meantime will go to arbitration to determine whether the city must pay the club’s legal fees or damages the owners suffered from loss of business during the legal dispute.
While awaiting the court’s decision Grand Daddy’s served as a karaoke club, but since the ruling Kraimer and Morrell have transformed Grand Daddy’s into to a gentlemen’s club, with fully nude dancers and a full bar.
From the Wausau Daily Herald, 11/16/04
http://www.wausaudailyherald.com/wdhlocal/281903078751646.shtml
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WATERPARK AND ADULT COMPLEX PLANNED
ARCADIA, NY -- Mike Grande, who had a fire and lost a building that he had planned as an exotic dance club, now wants to rebuild and expand the site to add an indoor waterpark and hotel. The indoor waterpark would be adjacent to the dance club, but in a separate building.
“There’s not going to be any pictures of women or flashy signs in the place on the adult entertainment center, so children won’t even have a hint to what the place is,” Grande said.
Local parent Sue Purkiss responded that kids who go to the waterpark would figure out what’s happening nearby. “You’re not going to fool kids to think there’s nothing going on next door,” she said. “Kids know.”
Grande hopes to obtain approval for the project at a future community meeting.
From Evan Dawson, WORK Channel 13 News, 11/17/04
http://www.wokr13.com/news/local/story.aspx?content_id=
1CEDD64C-F2D5-4743-BFD9-D1B3CCEFA913
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BUILDING COLOR DELAYS LICENSE
ALTON, MO -- John Haltom, owner of Johnnie ‘O’s Lingerie Boutique store chain in Missouri, Nebraska, Iowa, Colorado and Utah, wants to open a lingerie store here expects the city council to rule against him. If that happens, he says, he will sue in federal court the next day.
According to city’s counsel, James Schrempf, the Appearance Review Commission objected to the building’s color. Haltom has painted the building pink.
Haltom said he worked with architects from the Illinois Historic Preservation Agency to refine the building design.But Schrempf said the state personnel had no influence on the choice of color or some other aspects of the design. The appearance issue is not just a pretext, he said. “Some people do think the building looks ugly.”
From Terry Hillig, St. Louis Post-Dispatch, 11/17/2004
http://www.stltoday.com/stltoday/news/stories.nsf/metroeast/story/
C8D9AB8E0CCB0FD886256F4B006322EF?
OpenDocument&Headline=Suit+is+threatened+over+adult+store
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CITY FORCED TO COMPROMISE WITH CLUBS
HAMMOND, IN – In order to avoid paying more than 250,000 in attorney’s fees and penalties imposed by federal courts, the City of Hammond has arrived at a compromise with exotic dance clubs. Dancers will no longer have to stay ten feet away from their patrons. However, they will no longer be allowed to dance completely nude.
Dance club owners sued the city last year after the City Council approved strict regulations. Hammond Mayor Thomas McDermott Jr. says strip clubs disgust him, but they have a First Amendment right to be there. He says Hammond still has some of tightest adult-business laws in the nation.
From the Associated Press, 11/17/04
http://cbs2chicago.com/indiana/IN--StripClubRules-inn/resources_news_html
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CEMETERY RESIDENTS TO BENEFIT FROM BILL
ILLINOIS -- A bill that passed the Illinois House today would prohibit adult stores within 3,000 feet of a school, church or cemetery. It is now headed for the Illinois Senate.
From WCIA News Channel, 11/16/04
http://www.wcia.com/news/default.asp?mode=shownews&id=2891
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ERRATA
Last week, in our report on Viacom versus FCC, we incorrectly identified First Amendment attorney Jonathan L. Katz as President of the Free Speech Coalition of the District of Columbia, Maryland and Virginia. Katz, formerly president of the FSC chapter, is now secretary/treasurer. Arianne Bennett is the current president.
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UpComing Events
Nov 18-20 -- Lensman's Second GFY/Adult.com, Santa Monica Doubletree, Santa Monica, CA
http://www.webmasteraccess.com/
DEC 2 – FSC General Membership Meeting, 5:30. PM Warner Center Marriott, Woodland Hills, CA
JAN 4-6 – Internext, Mandalay Bay Resort, Las Vegas, NV
http://www.internext-expo.com/.html
JAN 6-9 -- AVN Adult Entertainment Expo, Las Vegas, NV
www.homeentertainmentevents.com
MAR 18-20 – Adult Expo USA, L.A., CA http://www.adultexpousa.com/
APR 18-19 – CELEBRATE FREE SPEECH LOBBYING DAYS, Sacramento, CA, 800-476-78
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Subscriptions to Free Speech X-Press are FREE to FSC members. Contact us at Sunlove@direcway.com or 800-476-7813.