DRACONIAN BILL STAYS ALIVE IN NEW FORM
JEFFERSON CITY, MO -- For several months X-Press reports have followed the adult entertainment omnibus bill SB 32 proposed by state Senator Bartels (see “X-Press Legislative Alert,” 1/21/05). After meeting some resistance in the House Committee on Local Government in April, SB 32 appeared to be dead. However, many of the components of the original bill have found new life as amendments to HB 353, a long bill with many anti-crime provisions, which has already passed out of committee onto the floor in the Senate. Since HB 353 passed in the House in an earlier form, observers, such as FSC member Nellie Symm-Gruender, fear it may be approved if it returns to the House.
        This is very bad news. Gone are the “sin” tax requiring adult businesses to pay a $5 admission tax for each patron, as well as the proposed 20% sales tax for adult businesses under SB 32. However, HB 353 retains many provisions that threaten the existence of adult entertainment in the state.
         Among the provisions in HB 353: Employees, including exotic 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. All adult business must close between Midnight and 10 AM and must close on state and federal holidays and on Sundays. Tipping is banned if employees are semi-nude.
        Video booths in adult stores must be visible from a continuous main aisle and not obscured by curtains or doors. Only one person at a time can view the videos. Buildings which contain a sexually-oriented business cannot contain any other kind of sexually-oriented businesses.
        There’s more (For a detailed overview, see Mark Kernes’ AVN reports). The obvious intent of SB 32, now in the form of amendments to HB 353, is to drive adult businesses out of Missouri. Supporters (especially Missouri residents) willing to write letters or make phone calls in opposition to HB 353 should contact Nellie Symm-Gruender Austinsailor@cs.com or former FSC Board member Dick Snow dicksnow@kc.rr.com to find out the current status of the bill and how to help.
From HB 353 text excerpts
And from Mark Kernes, AVN 4/21/05
http://www.avn.com/index.php?Primary_Navigation=Articles&
Action=View_Article&Content_ID=223914
And from Mark Kernes, AVN, 5/4/05
http://www.avn.com/index.php?Primary_Navigation=Articles&
Action=View_Article&Content_ID=225886
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JUDGE VALIDATES 8-YEAR-OLD ADULT ORDINANCE
NASHVILLE, TN -- U.S. District Judge Todd Campbell has issued an order dissolving an injunction that has been in place since 1997 against a Metro adult entertainment ordinance. Among other things, the ordinance bans lap dancing by requiring patrons and dancers in exotic dance clubs to keep a three foot distance from each other.
        The reason for the long-standing injunction was that the U.S. 6th Circuit Court of Appeals had found Metro’s definition of “sexually oriented” businesses to be overly broad. The court also said the ordinance did not allow a good way for businesses whose licenses have been denied to appeal the denial. Metro had appealed to the U.S. Supreme Court, which refused to hear the case.
        However, the Supreme Court decision in City of Littleton v. Z.J. Gifts (June, 2004) led Metro lawyers to believe they might prevail now if they went back to court on the ordinance. Littleton had mainly to do with the rights of adult businesses who were denied a prompt appeal on licenses and permit rejections. The high court said that, while courts must rule “promptly” on appeals filed by owners of adult businesses, Colorado’s regular procedures for handling civil lawsuits satisfies the requirement for “prompt decisions.”
        Judge Campbell must have agreed that Littleton had changed things in Nashville. In dissolving the injunction, however, more than prompt decision in appeals is at stake. In addition to the three-foot distance limit, the 1997 ordinance requires owners and employees of adult businesses to undergo background checks and be licensed by a special adult entertainment board. It also provides for an adult business inspector who would enforce the ordinance.
        Nashville lawyer John Herbison, who was involved in the case during early court hearings, said he feared that the law’s requirement that businesses and employees be licensed was intended to put certain establishments out of operation. He also said the law would make it more difficult for dancers to earn their livelihood.
        It is not known if opponents of the law will mount an appeal. Herbison said he was sure the lawyers for the various plaintiffs would confer to decide how best to proceed.
        The ordinance could go into effect as early as August 1.
From Sheila Burke, The Tennessean, 4/9/05
http://www.tennessean.com/local/archives/05/03/
68869503.shtml?Element_ID=68869503
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STORE OWNER CHALLENGES OBSCENITY LAW
       St. MARTIN’S PARISH, LA -- In December we reported that obscenity charges had been filed against the owners of two adult video stores here after employees agreed to testify against the store owners as part of plea bargains to avoid jail time (see “Employees Forced to Testify Against Adult Store Owners,” Dec. 17 X-Press). Now, one of the two businessmen, Emmette Jacob Jr., owner of Le Video Store, has decided to fight the charges and has raised a First Amendment challenge to the state’s obscenity law.
       Jacob’s attorney, Chicago-based First Amendment specialist J.D. Obenberger, has raised questions around Louisiana’s “community standards” test, guidelines set out under state law for determining what constitutes illegal obscenity.
       The test is flawed in its application in Louisiana because the state does not specify which “community” will define those standards, said Obenberger.
       “Is it the whole state of Louisiana, or is it Acadiana, or is it just St. Martin Parish, or St. Martin Parish and Iberia Parish?” he asked.
       Obenberger said the lack of a strictly defined community makes it impossible for someone to know what standards they must abide by to stay within the law.
       American Civil Liberties Union of Louisiana Director Joe Cook said that he believes that state obscenity law is ripe for a test.
       “I think the statute is suspect,” Cook said.
From Richard Burgess, TheAdvocate.com, 5/4/05
http://www.2theadvocate.com/stories/050405/sub_adult001.shtml
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GRAND JURY REFUSES INDICTMENTS
SALINA, KS -- A grand jury here has refused to issue indictments against either Behind Closed Doors or Priscilla’s, both adult stores which had been the focus of an organized anti-adult entertainment campaign by Philip Cosby and his group, Citizens For Strengthening Community Virtues (CFSCV). Cosby, who lives in nearby Abilene, met with church groups in Salina and helped them circulate petitions requesting the grand jury investigation into whether the stores were promoting obscenity.
        Cosby is the same activist who organized opposition to the Lion’s Den Superstore in Abilene in 2003, and who continues to harass the Lion’s Den store. Near the store currently is a billboard that Cosby and others put up proclaiming: “Jesus Heals and Restores. Pornography Destroys.”
        The latest in the Abilene Lion’s Den saga (see “Adult Store Faces Obscenity Charges­Again,” X-Press 4/8/05) is that County Attorney Keith Hoffman has filed a 10-count misdemeanor complaint against the store owners, accusing them of illegally promoting obscenity.
        In the meantime, Cosby says he is not giving up his fight just because the grand jury idea didn’t work out. He is still hoping for a victory in Abilene.
        “No sir,” said Cosby, “we are 19 months into this thing. It’s the bottom of the third inning, and somebody in one of these towns is going to hit it out of the park.”
        Mike Zrubeck, owner of Behind Closed Doors, said he was surprised the grand jury’s decision came so quickly. “It’s real good news,” he said.
From The Associated Press, 5/4/05
http://www.ljworld.com/section/stateregional/story/203805
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A DEAL IS A DEAL, SAYS JUDGE
       BIRMINGHAM, AL -- The Furnace exotic dance club is entitled to its dance permit as agreed in a 2000 settlement, a Jefferson County circuit court judge has ruled here. In the original agreement, the city said that if the bar met all applicable building, fire, health and safety inspections, the city would authorize the permit. Club owners, relying on the agreement, built a $3.5 million, 6,000 square-foot club. In March the club was granted a liquor license.
       Then, recently, the Birmingham City Council tried to renege on the deal. They denied a permit, arguing that the process started anew when the club began a second dance permit application.
      A club attorney says the bar could open within two weeks.
From Alabama Associated Press, WSFA Channel 12 News, 5/4/05
http://www.wsfa.com/Global/story.asp?S=3283464
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CHEERLEADER BOOTY BILL MOVES FORWARD
       AUSTIN, TX -- In a recent X-press we reported that State Representative Al Edwards (D-Houston) had introduced a bill which would clamp down on bumping and grinding in high school cheerleading routines (see “Ribald Cheerleaders Upset Legislator,” 3/25/05). We thought the silliness of the proposal was amusing, as did the national media.
       In the latest development, the Texas House has approved Edwards’ bill by a vote of 65-56. Well, that’s a jaw-dropper, but it’s still amusing, and the further this proposal goes the more ridiculous it looks for Texas lawmakers to concern themselves about cheerleader routines. However, there is a darker side to such matters when seen in connection with the gathering momentum of a national moralistic clampdown across a wide range of even the most innocent behaviors if they have any sort of sexy aspect to them.
       Edwards, who as a legislator has fought against suggestive pop lyrics and once advocated cutting off drug dealers’ fingers, has said that inappropriate cheerleading routines contribute to a social atmosphere that encourages teen pregnancy, poor scholastic performance, criminality and the spread of sexually transmitted diseases.
       And here is the scary part: 65 legislators in the Texas House of Representatives apparently agree with him.
From Kristin Mack and Allan Turner, Houston Chronicle, 5/4/05
http://www.rutlandherald.com/apps/pbcs.dll/article?AID=
/20050504/NEWS/505040367/1024
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OTHER NEWS ITEMS OF THE WEEK

Christian Coalition founder Reverend Pat Robertson put his foot in his mouth again this week when he told a national audience on TV that the threat posed by liberal federal judges is “probably more serious than a few bearded terrorists who fly into buildings.”
http://washingtontimes.com/national/20050501-111456-7148r.htm


Cable and satellite operators would be required to offer a “child-friendly tier” of television programming under legislation introduced U.S. Senator Ron Wyden(D-OR).
http://www.njtelecomupdate.com/lenya/telco/live/tb-RPWH1114722128699.html

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