Vol. VII, No. 26, May 13, 2005 -- A Member
Service of the Free Speech Coalition
__________________________________________________________
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.
__________________________________________________________
VISIT OUR WEBSITE FOR FSC MEMBERSHIP INFORMATION
http://www.freespeechcoalition.com
__________________________________________________________
OBSCENITY TASK FORCE FORMED
WASHINGTON, DC -- The U.S. Department of Justice has announced the establishment of an Obscenity Prosecution Task Force dedicated exclusively to the investigation and prosecution of obscenity cases.
The Task Force will consist of DOJ attorneys from a number of Criminal Division Sections in addition to the usual trial attorneys from the Child Exploitation and Obscenity Section. In the mix will be the Organized Crime and Racketeering Section, the Asset Forfeiture and Money Laundering Section and the Computer Crime and Intellectual Property Section. The Task Force also will be supported by the department’s High-Tech Investigative Unit, which consists of computer and forensic experts with knowledge of the Internet and other interactive computer systems such as peer-to-peer networks.
The Director of the Task Force was not named in the initial DOJ press release, although Bruce Taylor was mentioned as providing guidance as “Counsel to the Task Force.” Nor was the exact purpose of the task force made clear, since a well-staffed group of attorneys already exists in the Child Exploitation and Obscenity Section. Comments made by Assistant Attorney General Christopher Wray when he announced the creation of the task force suggest a focus on the Internet.
“Advances in technology and mass marketing, particularly over the past decade, have enabled the traffic in obscenity to take on a more national and even global reach,” Wray said. “The special challenges that obscenity cases pose in the computer age require an equally specialized response. A coordinated Task Force of prosecutorial expertise is the best way to meet those challenges.”
Social conservatives applauded the formation of the group, but were wary that the move could be a token gesture.
“It is about time,” said Tony Perkins, President of the Family Research Council. “We are thrilled to have some backing in our fight to protect our children. Attorney General Gonzales is to be commended for his brave leadership in helping clean up our culture and protect our children. We will watch closely, though with a growing sense of confidence in our new Attorney General, to see who is appointed to direct the effort.”
From a DOJ Press release, 5/5/05
http://www.usdoj.gov/opa/pr/2005/May/05_crm_242.htm
And from The Family Research Council, 5/6/05
http://biz.yahoo.com/prnews/050506/dcf035.html?.v=5
__________________________________________________________
EXTREME ZONING LAW STRUCK DOWN
GRANTS PASS, OR -- Josephine County Judge Gerald Neufeld has ruled that a highly questionable county adult zoning law is indeed unconstitutional. The law dates to 1994, when a charter amendment banned adult entertainment within two miles of schools, churches, community buildings, public parks as well as other sites. The amendment also required that adult businesses post a $10 million bond.
Judge Neufeld said the bond requirement is in conflict with state law, the Oregon Constitution and the First Amendment of the U.S. Constitution because it “suppresses what is clearly free expression.” He also said the two-mile setback was “overbroad and vague.”
The law was challenged by Larry and Tyson Lacey, who sought to open an exotic dance club.
“I’m pleased! Thrilled!" Larry Lacey said. “It took all this time and money to show what everybody already knew.”
Josephine County commissioners said they were disappointed.
From The Associated Press, 5/7/05
http://seattletimes.nwsource.com/html/localnews/2002266628_strip07m.html
__________________________________________________________
MINORS STATUTE CITED IN FIGHT AGAINST ADULT STORE
NEW ALBANY, IN -- Tony Goebel, pastor of New Beginnings Community Church, is lobbying Floyd County Prosecutor Keith Henderson to invoke a state criminal law in the long-running feud between local church groups and Danny Embry’s New Albany DVD adult video store. The state statue is in a chapter of Indiana’s laws focused on protecting minors from obscenity, but Goebel claims it specifies that the sale or display of sexual materials “to any person” within 500 feet of a church is illegal (Main Street United Methodist Church is closer than that).
Embry’s attorney Steve Mason said he doesn’t believe the statute applies to his client’s business. Mason also said any attempt to interfere with New Albany DVD would violate Federal Judge Sarah Evans Barker’s injunction allowing New Albany DVD to operate until Embry’s civil lawsuit against the city is over. Embry has challenged a business ordinance that seems to unconstitutionally target his store.
Will Prosecutor Keith Henderson now invoke a state criminal statute to further complicate the situation? Stay tuned.
In the meantime, a prayer rally in opposition to New Albany DVD has been added to the calendar at Main Street United Methodist.
From Ben Zion Hershberg, The Courier-Journal, 5/6/05
http://www.courier-journal.com/apps/pbcs.dll/article?AID=/20050506/NEWS02/505060391
__________________________________________________________
ADULT STORE GETS TEMPORARY REPRIEVE
REDWOOD CITY, CA -- The City Council has granted a six-month extension to the Secrets Adult Super Store to allow the store owners more time to find a new location. Secrets, formerly Eddie’s Adult Store, is a long-time occupant at a downtown location, but the store falls under an ordinance adopted in 2000 that gives adult businesses, located within 1,000 feet of a school or residential property, five years to relocate or change their uses.
The five years is up. However, Secrets has asked for, and gotten, more time after submitting evidence of unsuccessful attempts to find another location through four real estate agencies and the city’s own Planning Department. The store also cited penalties they would have to pay for early termination of a lease.
What if a suitable new location cannot be found? The San Mateo Times reporter does not speculate.
[However, on a personal note, Yours Truly, Layne, intrepid X-Press editor, often darkened the door of Eddie’s in the early Eighties to deliver Spectator Magazines and chat with the friendly manager. And I’m pretty sure the store was there long before that. Shouldn’t there be an historical adult site preservation law or something for situations like this?]
From Nicole Neroulias, San Mateo County Times, 5/11/05
http://www.insidebayarea.com/sanmateocountytimes/localnews/ci_2727356
__________________________________________________________
OPINIONS REFLECTED IN ADULT STORE DISPUTE
TUCSON, AZOpinions are polarized in a dispute here over plans to open a Fascinations adult store on the northern edge of the city near the Catalina Mountain Foothills. Some residents worry the store’s presence would increase crime and lower property values. Some don’t believe a store such as Fascinations is appropriate for that neighborhood, partly because it would be very near a dance school that caters to children ages 10 to 16.
“Not all the clientele will be bad. But the pedophiles will be attracted to such places to get their paraphernalia. If they see there is a dance studio next door, they will want to case it,” said Catherine Morales, who lives nearby.
That’s a blissfully ignorant point of view, countered Mark Blockstack, who was interviewed by a reporter for the Arizona Daily Star while shopping in the store with his girlfriend, Tabitha Drake. Blockstack, who works in construction as a bricklayer, called the store a fun place to shop, aimed at sexually adventuresome couples.
It’s silly to stereotype this establishment as criminal, Drake said. “I don’t shop here all that often. I’m sure there are normal people here like me and Mark who are just looking for something fun,” said Drake, an elementary-school teacher.
Assistant Tucson Police Department chief John Leavitt said records of police calls to Fascinations stores in Tucson do not reflect a higher incidence of crime than other typical businesses such as convenience marts. However, that is because most of the crimes that can be traced to such businesses don’t happen on-site, said Leavitt. Typically, adult-oriented businesses such as Fascinations draw people who meet there, leave the store and commit acts of public sexual indecency in surrounding neighborhoods, he said.
From Tony Davis, Arizona Daily Star, 5/7/05
http://www.dailystar.com/dailystar/dailystar/74017.php
__________________________________________________________
VIDEO SURVEILLANCE PROPOSAL TABLED
HARRISONBURG, VA -- A Proposed adult ordinance has been postponed by the city council here after threats of legal action by First Amendment attorneys Jonathan Katz and Howard Schulman, representing local adult businesses.
Under the proposed ordinance, existing businesses would not have to move from their current locations. But the law would require them to comply with increased governmental regulations–including a new permitting process and video surveillance.
The law would require existing businesses to install video cameras or other recording devices to monitor “exterior entrances and parking areas” and provide “clear imagery” of patrons and their vehicles. Police would have access to such tapes for up to one year. Those provisions violate the First Amendment, said Katz and Schulman.
Part of the stated justification for tabling the ordinance was to strengthen it by citing studies and other evidence of harms due to secondary effects. A city attorney was asked to draft a “preamble” documenting such harms.
From Rob Longley, The Daily News-Record, 5/11/05
http://www.dnronline.com/
__________________________________________________________
Save the Date
June 17, 2005
5th Annual Bob Tremont Memorial Golf Tournament
8:00 AM Shotgun
Angeles National Golf Club
9401 Foothill Blvd.
Sunland, CA 91040
www.angelesnational.com
“One of the 30 Best New Courses of 2004” says Brian McCallen in the January-February 2005 issue of Travel & Leisure Golf.
18th Annual Night of the Stars
7:30 pm–10:00pm
The Hollywood Highlands
6801 Hollywood Blvd.
Hollywood CA 90028
www.thehighlandsla.com
This year’s modern theme and streamlined program is a return to casual Hollywood chic at the Kodak Theatre complex in Hollywood. Vert, a brasserie by Wolfgang Puck, will provide a delightful menu, while you meet and greet the stars and freedom fighters of the industry.
1st Annual Night of the Stars After-Party
10:00 PM
The Hollywood Highlands
For the first time, FSC throws a star-studded after-party! Party like a porn star and make America safe for adult entertainment!
__________________________________________________________
UpComing Events
MAY 19-21 -- Erotic Expo., Hotel Pennsylvania, N.Y., NY www.Eroticexpony.com
May 28 -- Sin City Experience Expo, Las Vegas, NV, www.sincitychamberofcommerce.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
AUG 23-25, – Annual Gentlemen’s Club Expo, Madalay Bay Resort, Las Vegas, NV http://www.exoticdancer.com/expo.php
__________________________________________________________
Subscriptions to Free Speech X-Press are FREE to FSC members. Contact us at Sunlove@direcway.com or 800-476-7813.