LAP DANCING BAN UPHELD
LA HABRA, CA -- The 9th U.S. Circuit Court of Appeals has denied a petition for an en banc rehearing (a review by the total court) of their 3-judge January decision in Gammoh v. City of La Habra upholding La Habra’s 2003 ordinance requiring exotic dancers to keep at least two feet away from customers.
        Other communities -- Los Angeles, for one -- may now consider similar ordinances. Jose Cornejo, Chief of Staff for L.A. Councilman Tony Cardenas, said they may consider reintroducing a similar ban proposed in late 2003 but dropped because of opposition from the adult entertainment industry. Badi “Bill” Gammoh, who also owns exotic dance clubs in Anaheim and Arcadia, challenged the ordinance for being vague and overbroad because it contained subjective terms. He also claimed the law curtailed freedom of expression.
        “Vagueness doctrine,” wrote Judge Richard C. Tallman for a unanimous panel, “cannot be understood in a manner that prohibits governments from addressing problems that are difficult to define in objective terms…. In this case, a combination of subjective and objective terms is used to give a clear picture of an adult cabaret dancer and the conduct prohibited of such a dancer is defined objectively.”
        The ordinance did not violate constitutional guarantees of freedom of expression, said the court, because it did not completely ban the form of the expression. It simply regulated how close the dancers could get to the patrons.
        “While the dancers’ erotic message may be slightly less effective from two feet, the ability to engage in the protected expression is not significantly impaired,” Tallman said.
        Gammoh’s clubs in Anaheim and La Habra have been involved in legal battles for the last decade. Last year the City of Anaheim paid Gammoh $2 million in a settlement for having violated his constitutional rights and for his loss of business because the city would not allow him to open a dance club.
From The Associated Press, 4/4/05
http://www.firstamendmentcenter.org/news.aspx?id=14760
And from the Ninth Circuit opinion
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=9th&navby=year&year=recent
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FCC CHAIR FLOATS “FAMILY TIER” IDEA FOR CABLE
SAN FRANCISCO, CA -- The new Federal Communications Commission Chair Kevin Martin gave his first major speech here to a convention of the Cable & Telecommunications Association, calling for industry self-regulation. He suggested that the cable industry take pre-emptive action to allay the fears of parents worried that their kids will see indecent material on cable TV. He said the cable industry has an “opportunity to step up to the plate and address these issues” to head off regulation.
        Among Martin’s proposals was a “family tier” system for cable, which would allow families to purchase a package of child-friendly channels. Perhaps this idea will eventually be viewed by cable and satellite companies as more palatable than an “a la carte” system allowing subscribers to pay for only the channels they want. However, initial responses to the idea were cool.
        James O. Robbins, president of Cox Communications said a family tier would be a “slippery slope” toward additional government regulation of content. “Who would decide what’s on the family tier?” Britt asked. “What criteria would be used? How do the economics work? It’s an idea, and it may be what happens, but there’s a whole lot of details” undecided.
        On the bright side, some observers thought Martin’s speech, with its emphasis on self-regulation, was good news for cable companies worried about a governmental clampdown on their industry
From Frank Ahrens, The Washington Post, 4/6/05
http://www.washingtonpost.com/wp-dyn/articles/A28496-2005Apr5.html
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ADULT STORE FACES OBSCENITY CHARGES -- AGAIN
       ABILENE, KS -- Once again the Lion’s Den Adult Superstore faces charges of illegally promoting obscenity by selling adult novelties, most of which are commonly found in adult stores across the country. Dickenson County officials have filed the complaints just a month after Kansas Senior Judge Ronald Innes dismissed similar grand jury indictments because of irregularities in the grand jury petitioning process.
       X-Press reports have followed this story for over a year, partly because of the hyper-politicized, vendetta-like history. It all started when Phillip Cosby of Abilene formed an organization of over 140 volunteers, calling themselves Citizens For Strengthening Community Virtues (CFSCV), and proceeded to work in one and two-hour shifts at the store location holding large signs that proclaimed to motorists, “Think Again or We Will Report.” The sign warned truckers and corporate travelers that their companies and bosses would be contacted if they stopped at the store.
       When that wasn’t enough to close the store down, CFSCV used a Kansas law requiring that Grand Juries be impaneled if enough voter signatures can be gathered on petitions. Signatures were gathered and indictments were obtained. Ultimately, they were both thrown out, as noted above.
       Now this. One has to wonder when they called their store the Lion’s Den if the owners realized what they were getting into.
From the Associated Press, 4/4/05
http://www.ljworld.com/section/stateregional/story/200956
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“ART NIGHT” AT EXOTIC DANCE CLUB CANCELLED
BOISE, ID -- Three dancers at the Erotic City nightclub have been ticketed here for violating the city’s anti-nudity ordinance. Normally, dancers at Erotic City are not nude. However, the arrests took place during “Art Night.” It seems Boise’s anti-nudity ordinance allows for exceptions for art of “serious artistic merit”–such as dance, theater and artistic drawing. So, Erotic City owner Chris Teague started scheduling naked Art Night promotions, during which patrons are provided with pads and pencils and allowed to draw nude dancer models.
        Teague said he got the idea after a customer asked him if he could draw one of the dancers nude. Teague said he initially told the customer no, but reconsidered after reading the Boise ordinance.
        City officials are not buying it, obviously. But Teague’s biggest complaint is that the cops cited dancers instead of him. Teague has called the city government a “communist police state.”
        “These girls have families to feed,” said Teague. “They are doing this for a living.” A misdemeanor charge of public nudity is punishable by up to six months in jail and a $300 fine.
        “This whole thing is unconstitutional,” Teague said. “This is all about freedom of expression. My club is a private place -- you don’t come into my club unless you want to come in.”
        Art Night at Erotic City is on hold while Teague fights the case in court.
From Patrick Orr, The Idaho Statesman, 4/6/05
http://www.idahostatesman.com/apps/pbcs.dll/article?AID=
/20050406/NEWS01/504060339
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COURT CLOSES DANCE CLUB PENDING TRIAL
       GRAHAM, NC -- Superior Court Judge Leon Stanback Jr. has ordered the closure of Dockside Dolls, an exotic dance club here, until after a jury trial (in June) on a nuisance-abatement lawsuit. The closure, pending trial, is in response to arguments by the county that dancers at the club continue to engage in illicit activities. A police officer testified in February that dancers touched him inappropriately during private performances behind closed doors. And because the club is under a court order prohibiting dancers from erotically touching customers for money, Judge Stanback found the club in contempt of court and fined Dockside Dolls $1,000.
       Then, recently, the county argued that was not enough. The club should be closed, because that would be the only remedy that would prevent illegal activities from continuing. Otherwise the burden will be on the state to keep sending undercover officers to the club to bring new evidence, said county attorney Randall Reavis.
      Dockside Dolls attorney J. Michael Murray argued to the court that since the latest fine and charge were imposed, the club has closed the private rooms where undercover officers reported the improper sexual conduct had occurred.
      “The only thing that has been going on (since then) is clearly constitutional protected erotic dancing,” Murray said, to no avail.
From The Burlington Times-News, 4/5/05
http://myac.yellowbrix.com/pages/myac/Story.nsp?story_id=
68424914&ID=myac&scategory=Entertainment&
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HIGH STAKES DRAMA UNFOLDS IN U.S. SENATE
       WASHINGTON, DC -- As Congress returns from spring break, the so-called Senatorial “nuclear option” looms over the Capital and the nation, threatening, in the words of L.A. Times writer Maura Reynolds, a “legislative Armageddon.” The stakes could hardly be higher for the Adult Entertainment Industry, which sits at ground zero in the cultural war battleground.
       The question is whether Senate procedures will be altered so that Democrats can no longer use the most effective -- almost the only -- parliamentary weapon in their arsenal, the filibuster, to block votes on extremely conservative nominees to the federal bench and the Supreme Court. The phrase “nuclear option,” refers to the drastic nature of the threatened rule change as well as the possible response by Democrats in closing down major parts of government in retaliation.
       It is obvious why this issue is so vital to the adult industry. Supreme Court votes on First Amendment issues often turn on a single vote. If the social conservatives who now control two of the three branches of government also gain control of the judiciary, it will be a dark day for freedom of expression in this country.
       “They are seeking to take away the independence of the judiciary -- the crown jewel in our system of government -- so that they can advance their own ideological agenda of the day,” said Senator Edward M. Kennedy (D-MA). “That is exactly the kind of tyranny that our ancestors fought to prevent.”
From Maura Reynolds, The L.A. Times, 4/4/05
http://www.latimes.com/news/nationworld/politics/
la-na-filibuster4apr04,1,5576747.story?coll=la-news-politics-
national&ctrack=1&cset=true
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BIBICAL INVESTMENT FUND NOT DOING SO WELL
       WALL STREET, NY -- In a growing trend, certain mutual funds sell themselves to investors by using religious teachings as a stock-screening tool. Among the funds is the Timothy Plan Value Fund (TLVAX). Launched in 1999, the Timothy family of funds was one of the first to use biblical principles as a part of the investment process and one of the strictest.
       “We are very strict,” says fund family President Ally. “We do not invest in companies that are involved in abortion, pornography, alcohol, tobacco or gambling, or which contribute to Planned Parenthood, or promote nontraditional lifestyles or a homosexual agenda. We really do have zero tolerance for these types of behavior.”
       The fund has an average annual return since inception of 5.4%. In February, its ranking was downgraded from 2 to 1 Stars by Standard & Poor’s.
From Beth Piskora, Business Week, 3/28/05
http://www.businessweek.com/investor/content/mar2005/pi20050325_6141_pi050.htm

UpComing Events

APR 11-13 International Lingerie Show, Las Vegas, NV www.spectrade.com

APR 18-19 – Celebrate Free Speech Lobbying Days, Sacramento, CA, 800-476-7813

MAY 1 – Adult Con 8, Los Angeles Convention Center, www.adultcon.com

MAY 19-21 --  Erotic Expo., Hotel Pennsylvania, N.Y., NY www.Eroticexpony.com

JUNE 6-10 -- Lifestyles 2005, Las Vegas, NV, www.lifestyles-conventions.com

JUNE 10-12 -- Erotica L.A., www.adultconx.com


JUNE 12-15 -- Cybernet Expo, Shelter Point Hotel, San Diego, CA, www.cybernetexpo.com

JULY 11-13 – ANME, Mandalay Bay, Vas Vegas, NV

JULY 18-20 – AVN Adult Novelty Expo, Pasadena, CA. www.adultnoveltyexpo.com

JULY 26-28, -- VSDA's Home Entertainment 2005, Bellagio Resort, Las Vegas, NV, http://show.vsdahomeentertainment.com

AUG 5-6 – Internext, Hollywood, FL., www.Internext-expo.com