REVISED 2257 LAW SIGNED BY ATTORNEY GENERAL
WASHINGTON, DC -- Attorney General Gonzales has signed a “clarified” and revised implementation of 18 U.S.C. § 2257, the Federal Record-keeping and Labeling law which was first published in 1992 but never actually enforced. The revised rules will take effect after being published in the Federal Register, which will probably happen within a month and may happen in a matter of a few days. Until the regulations are actually published we will not know the specifics of the revisions. However, the changes proposed by the Justice Department last fall would have made compliance very difficult for any adult manufacturer, producer, content provider or website operator, going beyond reasonable administrative requirements to create an excessively burdensome paperwork system that may violate the privacy rights and personal safety of performers.
        The Justice Department has vowed to enforce the law, whatever form it finally takes, and the penalties, based on child pornography levels of punishment, are extremely harsh. Even with no minors involved in the production indeed, even if all performers are 40 or over ­a first-offense paperwork error can still mean five years in federal prison. After the first conviction, the law carries prison sentences of 2 years minimum, 10 years maximum.
         Responding to the threat of 2257 enforcement is a top priority of Free Speech Coalition. As soon as the final regulations are published, FSC plans to go into Federal District Court to seek an injunction on behalf of its members. FSC plans two lawsuits, led by premiere First Amendment attorneys, one to be filed on the West Coast by H. Louis Sirkin, and the other by Paul Cambria on the East Coast.
For additional information see the following:
A DOJ Press release announcing Gonzales’ signature: http://www.usdoj.gov/opa/pr/2005/May/
A Free Speech Coalition Press Release following the DOJ announcement:
http://www.freespeechcoalition.com/
A detailed legal analysis of the problems in the 2257 law as proposed last fall, which may be found in FSC’s comments submitted to the Department of Justice, drafted by FSC Board Member Reed Lee with assistance from Board Chair Jeffrey J. Douglas: www.freespeechcoalition.com/FSC_2257_Comments.htm
A review of the revised regulations as proposed last fall, seen side-by-side with the old version in a format devised by J.D. Obenberger & Associates:
http://my.execpc.com/~xxxlaw/2257Table.htm
A report by Mark Kernes, Adult Video News, on the new developments:
http://www.avn.com/index.php?Primary_Navigation=Articles&Action=
View_Article&Content_ID=227068
Two articles by First Amendment Attorney Gregory A. Piccionelli, describing tactics which could help protect against federal prosecution:
http://www.xbiz.com/article_piece.php?cat=40&id=8798
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EXOTIC DANCE CLUB TAX MOVES FORWARD
CARSON CITY, NV -- A Senate bill (SB 247), which singles out exotic dance clubs for an entertainment tax, has passed in the Senate and is moving to the Assembly, starting with the Ways and Means Committee. The bill is an effort to “fix” existing law, which already has a 10 percent tax on live entertainment; however businesses with fewer than 300 seats are exempt, which means many exotic dance clubs avoid the tax. The bill, by Republican Senate Minority Leader Dina Titus, takes out the seating exemption but frees performers such as piano players, musicians in local bars and restaurants, sporting events and car races from the tax. The new tax would apply only to exotic dance clubs.
        A focus on one type of entertainment for a tax raises constitutional issues, says Senate Majority Leader Barbara Buckley (D-Las Vegas). SB 247 in its current form will send up a red flag for the courts, says Buckley.
        ACLU attorney Allen Lichtenstein agrees. Exotic dancing is a constitutionally protected form of expression and any attempt to single it out would be found unconstitutional, says Lichtenstein.
From Ed Vogel, Las Vegas Review-Journal, 5/17/05
http://www.reviewjournal.com/lvrj_home/2005/
May-17-Tue-2005/news/26536070.html
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“PORNOGRAPHY SUMMIT” HELD
       WASHINGTON, DC -- A so-called “Summit on Pornography: Obscenity Enforcement, Corporate Participation and Violence Against Women and Children,” was held here recently in the House of Representatives Rayburn Office Building. The program consisted of twelve speakers and 50 or 60 audience members, most of whom appeared to come from sponsoring organizations such as Citizens for Community Values, Morality in Media and 10 others of the usual suspects, plus The Salvation Army. Also present were AVN’s Mark Kernes and FSC’s Washington Representative Aubrey King.
       The speakers included Senator Sam Brownback (R-KS) and three other members of Congress, along with John Richter and Bruce Taylor from the DOJ, as well as right-wing gadfly Jeffrey Satinover and five other speakers from the sponsoring organizations.
       Brownback announced that there would be more Senate hearings on the topic of adult entertainment, and mentioned that one would be devoted to Attorney General Alberto Gonzales and another would include people allegedly trafficked into the United States to perform in adult features. Mark Kernes gave only a glimpse of the meeting in his initial report. Watch for his more detailed analysis coming soon at AVN.com.
       Aubrey King noted that the presentations tried to link adult entertainment to child abuse and victimization and to international sex slavery. There was also an effort to portray the enjoyment of adult entertainment as an addiction, no different from and perhaps worse than chemical addiction to heroin or other drugs. The presentations also tried to document their assertions with “research findings” linking pornography with deviant, antisocial behavior, said King.
       All this is in line with the one-sided testimony at recent hearings sponsored by Senator Brownback, which no doubt will become a basis for proposed legislation at some point in the future.
From Mark Kernes, AVN.com, 5/19/05
http://www.avn.com/index.php?Primary_Navigation=Articles&Action=
View_Article&Content_ID=227304
And from an FSC report by Aubrey King, no URL available, 5/20/05

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BILLING COMPANY TO REFUSE SOME CONTENT
TEMPE, AZ­Payment processor CCBill has decided it will no longer accept processing contracts for new websites that contain “person-to-person exchanges of bodily fluids.” This mainly pertains, explained the company, “to urine/urination, blood, or overall violent scenes or depictions.” Existing contracts are not effected. The reason for the restriction was not explained. However, it is no doubt related to threatened federal prosecutions.
        “In the current political environment, they probably see a high risk in this type of content and they probably see that as a risk they’re not willing to bear,” said First Amendment attorney Joe Obenberger.
       Other payment processors have not followed suit, according to AVN reporter M.J. McMahon, although they are leaving their options open. “Paycom, at its option, may choose not to accept payment processing for content that could cause an adverse effect on their portfolio,” said Paycom communications director Rand Pate.
       “If we don’t like what someone is doing on a site, we’ll turn it down. It doesn’t happen very often, but if someone is doing a rape site-it’s stuff we morally feel we don’t want to do business with,” said Netbilling president Mitch Farber.
From MJ McMahon, AVN.com, 5/17/05
http://www.avn.com/index.php?Primary_Navigation=Articles&Action=
View_Article&Content_ID=227053
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ANTI-ADULT LAW GOES TO GOVERNOR
       JEFFERSON CITY, MO -- State Senator Matt Bartle’s, (R-Lee’s Summit) adult entertainment omnibus bill, known in its previous incarnation as SB 32, has passed both houses as a part of a larger crime bill (HB 353) and now goes to the governor for signature. Among the provisions in HB 353: Exotic dance club employees, including dancers, must be over 21. The bill prohibits nudity. Semi-nudity is allowed only if a person is an employee who does not touch customers and remains ten feet away from patrons, on a two feet high state and behind a two feet high railing.
       There are many other provisions as well, as outlined at length in earlier X-Press reports (see “Sin Tax Gone From Bill­But Dire Elements Remain,” X-Press 5/6/05), that are presumably part of the final version, although initial news accounts do not go into detail.
      Even if the Governor signs the bill, it is probable that it will be challenged in the courts. However, Senator Bartle is not worried about that possibility.
      “Everything in the bill has been researched, and has been upheld in other jurisdictions as constitutional,” Bartle argues. “They [the adult entertainment industry] are not a legitimate business, because of the massive negative secondary effects that they throw off in our society. Most Missourians… want us to regulate these businesses as aggressively as we can.”
      Representative Tom Villa (D-St. Louis) does not agree.
      “Whether you like the industry or don’t like the industry, this legislation pretty much puts it out of business,” Villa said. “I don’t think we have any business passing moral judgment on an industry.”
From Heather J. Carlson, Kelly Wiese, Associated Press, 5/14/05
http://www.newstribune.com/articles/2005/05/14/news_state/0051405004.txt
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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/
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Other News of the Week

LARAMIE, WY -- Charges against two men for promoting obscenity with a phallic snow sculpture have been dropped due to “First Amendment problems.” http://www.casperstartribune.net/articles/2005/05/17/news/wyoming/
d5868bc9e1703ed08725700400003d89.txt
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Save the Date
June 17, 2005

5^th 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.

18^th 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