FSC ASKS FOR RESTRAINING ORDER AGAINST 2257
DENVER, CO -- As planned, Free Speech Coalition has filed a complaint and motion in the United States District Court of Colorado seeking a Temporary Restraining Order enjoining enforcement of the recently revised federal record-keeping and labeling requirements, 18 U.S.C. § 2257, which are due to go into effect June 23, 2005. The case is Free Speech Coalition v. Alberto Gonzales, # 05 CV 1126 WDM.
        The lawsuit, which was filed on behalf of the membership of the Free Speech Coalition by attorneys representing three law firms -- Colorado-based Schwartz & Goldberg PC; Sirkin, Pinales & Schwartz LLP of Ohio; and the New York-based law firm of Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria -- contains over 20 separate claims on which basis FSC is asking the court to issue a Temporary Restraining Order.
        The expectation of the attorneys is that the court will order a hearing on the motion for a TRO before the regulations are scheduled to go into effect, at which time plaintiff attorneys H. Louis Sirkin, Paul J. Cambria, Jr., and Michael W. Gross of Schwartz & Goldberg will present arguments for temporary injunctive relief prohibiting the enforcement of the 2257 law.
        Significantly, the U.S. District Court of Colorado falls within the jurisdiction of the U.S. Tenth Circuit Court of Appeals, which ruled in Sundance Associates v. Reno, 139 F.3d 804 (10th Cir. 1998), that the governments definition of “secondary producer” was invalid because it went beyond the meaning of the original 2257 statute. Many so-called secondary producers, such as Webmasters, have relied on Sundance in deciding their record-keeping obligations under the law. However, the Department of Justice, in their revised interpretations of the 2257 law, have explicitly stated that they believe a decision by the D.C.
Circuit in American Library Association v. Reno, rather than Sundance, is the correct view of the law.
From an FSC Press Release, 6/16/05
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STRICT COUNTY ORDINANCE UPHELD
       SAN DIEGO COUNTY, CA -- U.S. District Judge Larry Alan Burns has upheld a highly restrictive 2002 county adult business ordinance that bans nudity, touching and tipping in exotic dancing clubs. In addition the law provides hours limitations and zoning rules so that adult businesses can only operate in industrial zones. Video booths must be only large enough for one person and cannot have doors or curtains. The rules do not apply to cities in San Diego County, which have their own ordinances.
       The law was challenged by Deja Vu Love Boutique and Fantasyland Video, both located in unincorporated areas of the county. Senior Deputy County Counsel Thomas Bunton was pleased with the decision but expects an appeal. If allowed to stand, the ruling will require Deja Vu Love Boutique to change locations.
From Onell R. Soto, San Diego Union-Tribune, 6/15/05
http://www.signonsandiego.com/news/metro/20050615-9999-2m15adult.html
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APPEAL OF CITY ORDINANCE CAN GO FORWARD
NEW YORK, NY -- The Manhattan Appellate Division of State Supreme Court here has ruled (4-0) that adult businesses affected by the same court’s decision in April can appeal to the state Court of Appeals in Albany. The April decision validated a city ordinance that threatens to close the businesses down. At stake are the numerous so-called “60-40 adult businesses,” that operate in residential neighborhoods as long as 60% of their merchandise is not sexually oriented.
       “We are extremely pleased with the court’s decision,” said Erica Dubno, an attorney for the businesses. “We believe a number of important constitutional questions are implicated by this case and the Court of Appeals should hear it.”
From The Associated Press, 6/16/05
http://www.silive.com/newsflash/metro/index.ssf?/base/news-13/11189697125830.xml&storylist=simetro
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SENTENCE ON OBSCENITY CHARGES
       BILLINGS, MT -- Thomas W. Lambert, a 65-year-old Montana resident, has been sentenced in federal court to 30 months in prison followed by three years of supervised parole, and ordered to pay a $35,000 fine for running a mail order video catalog business, using Federal Express. The videotapes included depictions of gang rapes and beastiality.
       Lambert originally pled not guilty after his arrest in March, 2004, in one of the first ever federal obscenity busts in Montana history. He pled guilty in February, 2005.
       Lambert’s partner in the mail order business, Sanford Wasserman, 65, has also changed his plea to guilty and is scheduled to be sentenced soon.
From a Department of Justice press release, 6/5/05
http://www.usdoj.gov/opa/pr/2005/June/05_crm_312.htm
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DRAG QUEENS MAY HELP IN ADULT CLUB FIGHT
       SALEM, SD -- A proposed McCook County ordinance here requiring exotic dancers to wear pasties and G-strings is transparently aimed at Bob Rieger’s Racehorses Gentlemen’s Club and Adult Movie Theatre. It is not the first time the county has picked a fight with Rieger. He has been battling with the county since 2003, winning 4 separate court battles and using creative tactics to keep his club open.
       Now Rieger is threatening what could be called a “nuclear option” if the county passes their latest proposed adult ordinance. If McCook County commissioners place new regulations on his business, Rieger said he plans to sponsor an outdoor drag-queen festival in his parking lot across from the festivities for Salem’s 125th anniversary celebration, scheduled for July 2.
       More community events could follow. For example, Reiger says he may conduct an October “Salem Witch Trial Days” with mock trials and costume competitions. Rieger has often referred to female critics of his club as the “Salem witches.”
       On the other hand, if commissioners don’t adopt the ordinance, Rieger said he will consider canceling the drag-queen event.
From Rhett Pardon, X-Biz.com, 6/15/05
http://www.xbiz.com/news_piece.php?id=9124
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CITY ACTS TO STEM MASTURBATION
       CLEVELAND, OH -- The City Council here has passed a law requiring adult bookstores to install video cameras to monitor peep-show booths. Each booth must have a camera, which will show images of patrons between neck and knees. Monitors must be in full public view so that anyone in the store will be able to see what is happening in the booths. The cost of the cameras and recorders is the responsibility of the stores. Each store must keep five days’ worth of recordings and allow them to be examined by city officials at any time. Warning signs will be posted: You are being watched and recorded.
       The purpose of all this Big Brother surveillance is the danger of masturbation. Council members were reportedly shocked to learn that some patrons masturbate while watching videos in the booths.
       “Doesn’t the City Council have anything better to do?” asked Chris Link, executive director of the American Civil Liberties Union of Ohio. “They ought to be ashamed of themselves.”
       However, the ACLU will not get involved in the case. “There is no First Amendment right to masturbate,” explained Link.
From Michael Sangiacomo, The Plain Dealer, 6/10/05
http://www.cleveland.com/cuyahoga/plaindealer/index.ssf?
/base/cuyahoga/1118395861217001.xml&coll=2
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MICROSOFT KOWTOWS TO CHINESE CENSORS
       BEIJING, CHINA -- Microsoft’s MSN China Internet portal, which was recently launched to provide an online Weblog service, has complied with China’s strict rules by blocking the following words: “democracy,” “freedom,” “human rights,” “Taiwan independence” and “demonstration.” Bloggers who enter those words or other sensitive content, such as adult entertainment terms, are prompted with a message that says: “This item should not contain forbidden speech such as profanity. Please enter a different word for this item.”
       Microsoft is not alone in its appeasement of China’s censorship of the Internet. Yahoo and Google have also gone along with the government’s demands.
From Globe and Mail.com, 6/15/05
http://www.globetechnology.com/servlet/ArticleNews/
TPStory/LAC/20050615/BCPACIF15-1/TPTechnology
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“NIGHT OF THE STARS” AWARD NOMINEES
       Free Speech Coalition has announced the confirmed award nominees for the 18th Annual Night of the Stars Fundraising Event, being held Sunday, July 17, 2005, at the Hollywood Highlands in the Kodak Theatre complex in Hollywood, California.

2005 Night of the Stars Nominees:
Lifetime Achievement Awards:
Actor: Johnny Keyes
Actress: Alicia Rio
Director: Jim Holiday
Gay Actor: Jeff Stryker
Gay Director: Wash West

Industry Founder Award: Eddie Wedelstedt
Advocate of the Year Award: Paul Cambria, AFF
Joel Warner “Good Guy” Award: Scott Tucker, Topco
Positive Image Award: Playboy Entertainment Group
Hal Freeman “Freedom Isn’t Free” Award: Mike Moran, LD Management

       In recognition of his efforts to fight child sexual abuse, FSC will present Chris Jester of Split Infinity with a $10,000 reward for initiating an investigation that led to a successful prosecution for child pornography.

       There’s still time to reserve an ad in the Night of the Stars program, become a sponsor of the event, or purchase tickets for this celebratory evening in support of FSC’s campaign to raise $200,000 to pay for Federal lobbying and national public relations efforts.
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Save the Date
June 17, 2005

The censorship group Morality in Media is predictably up in arms over a sexy new Carl’s Jr. ad featuring Paris Hilton.
http://www.michnews.com/artman/publish/article_8351.shtml

As expected, Utah’s new adult Internet law requiring ISP’s to block sites deemed “harmful to minors,” is about to face a legal challenge.
http://www.avn.com/index.php?Primary_Navigation=Articles&Action=
View_Article&Content_ID=228579

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

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