SPECIAL NOTICE: Free Speech X-Press will not be published on Nov. 11 or Nov. 18.
       Kat Sunlove and Layne Winklebleck are traveling to Australia, where they are being generously hosted by Fiona Patten, Kat’s counterpart as lobbyist and spokesperson for the Eros Association, which is the trade association for the Australian adult industry. Kat and Layne will be attending the Melbourne Sexpo as representatives of Free Speech Coalition and as ambassadors for the American adult entertainment industry. Kat will be presenting at Sexpo; and during the two-week period is scheduled for meetings with federal and state ministers, sex industry representatives and free speech leaders. After Kat and Layne return, watch for reports on the Australian trip in X-Press, on the FSC website and in FSC’s Free Speaker Magazine.
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BULLETIN: THIS JUST IN
       WASHINGTON, DC -- Senator Sam Brownback (R-KS) has scheduled a hearing of the Constitution, Civil Rights and Property Right Subcommittee of the Senate Judiciary Committee on the topic, “”Why the Government Should Care About Pornography: The State Interest in Protecting Children and Families.” The meeting will be at 2 PM, Thursday, 11/10/05, 226 Dirksen Building.
       The Raben Group, FSC’s Washington lobbyists, will be present at the hearings.
       In November, 2004, the same subcommittee held a hearing on “Pornography Addiction.” In February of this year, Brownback held a hearing on “Obscenity Prosecution and the Constitution.” FSC requested an opportunity to address the Subcommittee at the February hearing but that request was denied. The first two meetings were characterized by blatantly one-sided testimony from “experts” representing far right perspectives and in some cases (Judith Reisman, et al), witnesses with dubious credentials.
Thanks to Ricci Levy, Executive Director, Woodhull Freedom Foundation for the alert. www.woodhullfoundation.org
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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), in Sacramento, California. The dates are Monday and Tuesday, April 24 and 25, 2006, 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 popular cocktail reception for legislators and staff. Deadline for applications is March 10, 2006. Call the Legislative Affairs Office at 1-800-476-7813 or e-mail layne@inreach.com for more information and an application form.
       CFSLD continues to be an inspiring and empowering activity for those who attend and is a great staff development opportunity for industry leaders. Don’t miss it in 2006!
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2257 STIPULATED AGREEMENT EXTENDED AGAIN
       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 another month. The extension is now scheduled to terminate November 30, 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 23, 2005. 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.
        “We understand that the adult entertainment community is as eager as we are to have a ruling on our motion for a preliminary injunction,” said FSC Executive Director Michelle L. Freridge, “but sometimes the wheels of justice revolve very slowly, and we simply must be patient. But make no mistake, we are as confident as ever that our arguments challenging these abusive regulations will win out at the end of the day. We appreciate your patience, and look forward to ultimate victory in this significant battle to protect your free speech rights.”
From an FSC press release, 10/31/05
www.freespeechcoalition.com
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EARLY REACTIONS TO SAMUEL ALITO NOMINATION
       WASHINGTON, DC -- President Bush has nominated 3rd U.S. Circuit Court of Appeals Judge Samuel Alito to replace Supreme Court Associate Justice Sandra Day O’Connor.
       Conservative groups such as the American Family Association have applauded the nomination. “We are utterly delighted… We could hardly have gotten a better pick,” said Concerned Women for America Chief Counsel Jan LaRue.
       People For the American Way has already taken the position that Alito “is an out of the mainstream opponent of fundamental legal rights and protections for all Americans and must not be confirmed to the Supreme Court.”
       The ACLU is taking more of a wait and see approach and is planning to compile a complete report on Alito’s civil liberties record, including the good and the bad, citing the fact that Alito will be replacing O’Connor, who provided a pivotal swing vote in many cases.
       The Associated Press interviewed five judges who have served with Alito. Those judges said Alito would unquestionably move the court to the right. However, they also described him as thoughtful, intelligent and fair. They said it was not true that Alito is a right-wing ideologue in the mold of Justice Antonin Scalia, as is often suggested in both the liberal and conservative press.
From Hope Yen, Associated Press, 11/3/05
http://news.yahoo.com/s/ap/20051103/ap_on_go_su_co/
alito_third_circuit;_ylu=X3oDMTA3OXIzMDMzBHNlYwM3MDM-
And from an ACLU press release, 11/3/05
www.aclu.org
And from an American Family Association press release, 10/31/04
http://www.afa.net/clp/ReleaseDetail.asp?id=107
And from a “People For” report, 11/1/05
http://www.savethecourt.org/site/c.mwK0JbNTJrF/
b.1144731/k.AF81/Quick_Facts_on_Samuel_Alito.htm
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VICTORY IN LAWSUIT FOR WET T-SHIRT FANS
       PEORIA, IL­U.S. Magistrate Judge John Gorman has ruled that a liquor ordinance here used to stop wet T-shirt contests and male dancers is overly broad and therefore unenforceable.
       “The reach of the ordinance is well beyond paid entertainers at licensed establishments,” said Gorman. “From its language, it could also apply to employees and patrons of the bar, prohibiting forms of dress that are culturally acceptable in some circles.”
       Richard Steagall, attorney for Mulligan’s Tavern, which brought the lawsuit, outlined the forms of dress involved: “The ordinance as interpreted by the city prevents women patrons from wearing camisole tops and Daisy Duke shorts while dancing at Mulligan’s,” he explained. “Yet, that is precisely the attire young women wear in shopping malls, shops, theaters and restaurants throughout the city in the summer months.”
        Soon to come, a hearing to determine how much the city will have to pay Mulligan’s for legal fees and loss of revenue.
From Andy Kravetz, The Peoria Journal Star, 11/3/05
http://www.pjstar.com/stories/110305/TRI_B816M7J3.064.shtml
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CLUB CLOSED IN LONGSTANDING FIGHT
       SALEM, SD -- Bob Rieger, owner of Racehorses Gentlemen’s Club and Adult Movie Theatre, has been forced to close down his Club, at least temporarily. McCook County passed an ordinance in July, banning nudity and requiring operators and employees to be licensed and subject to inspections. Dancers must maintain a minimum distance from patrons. Rieger has said he plans to mount a court challenge against the ordinance, but he has not done so and a 90-day grace period for existing businesses has expired without Rieger taking steps to apply for a license under the new law.
       The new law is transparently aimed at Rieger’s club and is not the first time the county has picked a fight with Rieger. When he was denied a liquor license in 2003, he opened a juice bar dance club. When the county said a commercial business could not operate in an area zoned for agriculture, Rieger fought them in court and won. When voters passed an anti-nudity ordinance last year, Rieger discovered a loophole that exempted movie theaters, so he started showing adult movies in the club. The new law has been revised to close the loophole..
From Melanie Brandert, Argus Leader, 11/3/05
http://www.argusleader.com/apps/pbcs.dll/article?AID=/20051103/NEWS/511030346/1001
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LIBRARY ASKED TO REMOVE PLAYBOY
       OAK LAWN, IL -- The Village Board here wants city library trustees to reconsider their June 2004 decision to keep Playboy magazine on their shelves. The Board’s request was based on the objections of a local resident, Mark Decker.
       “In my 32 years, I’ve never seen a municipal body ask a library to remove a title,” said Library Director James Casey.
       Oak Lawn Mayor and Board President David Heilmann defended the decision by saying: “There is a difference between censorship and sponsorship. If someone wants the magazine, that’s fine. They can buy it at a store.”
       What Heilmann may not have considered is that stores are far more susceptible to pressure from censors than libraries are. Oak Lawn’s self-appointed guardian of morality, Mark Decker, has also taken it on himself to meet with law enforcement regarding the sale of adult magazines in convenience stores; the Oak Lawn police subsequently wrote store owners to caution them that they might be selling titles that violate local obscenity laws.
       Until action, if any, by the library trustees, the library will continue to make Playboy available to adult patrons­by request.
From an American Library Association press release, 10/28/05
http://www.ala.org/al_onlineTemplate.cfm?Section=alonline&template=/
ContentManagement/ContentDisplay.cfm&ContentID=108223
Thanks to Woodhull Foundation for the news alert.
www.woodhullfoundation.org

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UNDER THE GUISE OF REGULATION
       VALRICO, FL -- The Hillsborough County Planning and Growth Management Department has reversed its decision to allow Gemini Property Ventures to open a bikini bar in a suburban business district here. The reason? Well, it seems the bar’s 17 parking spaces are too small to meet a 39-year-old regulation that they be 200 square feet. That regulation, it appears from news reports, is no longer in effect for new establishments. However, the site has been an established bar since 1966. At that time, parking spaces were required to be larger.
       Gemini’s attorney, Luke Lirot, said the county is impeding his client’s rights.
       “Every time there’s been an inspection now, instead of just sending one person out to do a normal job, it’s him, his supervisor and the one above him,” Lirot said.
       Gemini has 30 days to appeal. Lirot said he expects the disagreement to end up in litigation.
       “There’s an intense desire to censor this business under the guise of regulation,” he said.
From Mike Wells, The Tampa Tribune, 11/2/05
http://www.msnbc.msn.com/id/9866774
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COUNCIL PASSES ZONING ORDINANCE
       WICHITA, KS -- The City Council here has passed an adult entertainment zoning ordinance which will require many existing businesses to move to new locations within two years, and which will almost certainly result in court challenges. The zoning ordinance keeps adult stores at least 500 feet from schools, daycare centers, parks, churches and residential areas. That affects 8 to 9 existing businesses. Additional regulation in the form of new licensing rules might be considered next, according to Mayor Carlos Mayans.
       In the meantime, a grand jury has been meeting to determine whether the videos, magazines and toys that the stores sell are obscene. (See X-Press report, “Kansas Grand Jury Law Used Again,” http://www.freespeechcoalition.com/newsletter8-19-05.htm)
From The Wichita Eagle, 11/1/05
http://www.kansas.com/mld/kansas/13052858.htm?
template=contentModules/printstory.jsp
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UpComing Events

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