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This newsletter is
sent free of charge to FSC members and supporters. For
personal contact, call 1-800-476-7813.
Free Speech X-Press
Delivering Weekly Censorship Updates to the Adult Industry
Vol. VI, No. 41, September 3, 2004 -- A Member Service of the Free Speech Coalition
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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.
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VISIT OUR WEBSITE FOR FSC MEMBERSHIP INFORMATION
http://www.freespeechcoalition.com
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VIDEO CONTEST! $500 PRIZE!
DEADLINE EXTENDED
Attention videographers, producers, directors and undiscovered amateurs: FSC is holding a video contest. Here’s the challenge: To create a fabulous, 10-second, Free Speech promotional video for FSC’s use on the Sony Videotron Billboard on Sunset Boulevard, a billboard that has one of the highest numbers of viewers in the nation! The video will run 250 times a day for 2 days. Our quick-thinking Board Chairman, Jeffrey J. Douglas, bid on the billboard ad space in a KCRW radio fundraiser and won!
The winning video will be awarded a $500 prize. A non-refundable entry fee of $25 is required. The deadline for submissions is September 10. Entries will be judged by a prestigious panel of five adult entertainment industry professionals. Contact Neva Chevalier for details and contest rules. (fsc@freespeechcoalition.com – 866-372-9373)
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SPECIAL NOTICE FOR NON-MEMBERS
If you appreciate getting your weekly X-Press newsletter but you are not a member of Free Speech Coalition, please join other industry leaders in supporting our work. X-Press is intended as a member benefit; however, there are now quite a few non-members on the subscriber list, added over time as a courtesy to kindred spirits in the battle against censorship. Of course, we will continue to send you our weekly censorship updates because getting the word out on current developments is an important part of our watchdog function. But since FSC is entirely funded by dues and donations, we need your support. Call Office Administrator Neva Chevalier (toll free) at 1-866-372-9373. Tell her Yes! Join Free Speech Coalition today!
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ACCESS TO SEIZED RECORDS BILL BECOMES LAW
SACRAMENTO, CA -- Governor Schwarzenegger has signed a bill sponsored by the Free Speech Coalition. The new law, authored by Assemblymember John Longville (D.– San Bernardino), establishes a non-judicial procedure whereby a business whose records are seized during an investigation may obtain a copy of critical business files that will allow it to continue operating during the course of an investigation. The new law particularly addresses a problem created when law enforcement seizes computer hard-drives, which may contain essential business records unrelated to an investigation.
“Many members of the adult entertainment community are small business owners who could suffer extreme financial setbacks if their business records were seized and held for an extended period. Often, no charges are ever filed and yet the business can still be devastated by such a seizure,” said Kat Sunlove, FSC’s Legislative Affairs Director.
The bill was originally drafted several years ago by First Amendment attorney Al Gelbard, and “shopped” by lobbyist Sunlove through two legislative sessions before finally getting Longville to agree to carry the measure in 2003. Longville demonstrated great courage in carrying the bill because of the political risks of being identified with an adult industry-sponsored bill.
In the course of its two passages through the legislature, the measure attracted broad business support, notably from the California Chamber of Commerce, and faced opposition from the California Association of District Attorneys, the Attorney General’s office and other law enforcement groups. In response, Longville and FSC agreed to a number of amendments to address the concerns of law enforcement without substantially affecting the purpose of the bill.
Although the bill passed both houses of the legislature in 2003, Governor Davis vetoed the measure, saying he did not wish to aid “pornographers” who might benefit from provisions in the law.
From an FSC press release, 9/1/04
http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/09-01-2004/0002241972&EDATE
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ANOTHER HYPOCRITE BITES THE DUST
HAMILTON COUNTY, OH -- Rebecca Collins, a 33-year-old assistant prosecutor here, has filed a federal lawsuit accusing Hamilton County Prosecutor Mike Allen of coercing her into an affair, having sex with her during office hours, and threatening to ruin her career if she stopped seeing him. Why is this news worthy of an X-Press report? Well, it so happens Allen is nationally known for porn prosecutions and for being an attack dog for Phil Burress of the notorious anti-porn organization Citizens for Community Values. Allen is known, among other things, for harassing the Flynt brothers and for the travesty of the prosecution of amateur video producer Jennifer Dute.
According to the lawsuit, Allen used his “significant power” and “political influence” to deny Collins promotions and other employment benefits. And when she complained, Allen warned her: “If I go down, you go down with me.”
Allen has admitted the affair, which he claims was consensual, and has said he will not resign. However there has already been political fallout from the scandal. A day after he flew home from the Republican National Convention in New York to admit the affair, Allen agreed to step down as chairman of the Bush-Cheney campaign in Southwest Ohio.
From Dan Horn, Sharon Coolidge and Cindi Andrews, Cinncinati Enquirer, 8/27/04
http://www.enquirer.com/editions/2004/08/27/loc_allen27.html
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BILLBOARDS VERSUS BUREAUCRATS, CHAPTER 2
FAYETTEVILLE, NC -- Jerry Sullivan, who is president of Sunshine Outdoor, a Florida billboard company and also owner of an exotic dance club called Cafe Risque, has filed a lawsuit against North Carolina’s transportation secretary, Lyndo Tippett. The suit charges that Tippett has violated free speech rights by trying to censor advertising by adult entertainment businesses and has retaliated against billboard companies that carry the ads. The lawsuit alleges that the state has threatened to revoke permits for at least two billboard companies that carry adult entertainment ads and says some companies will no longer lease billboards to Cafe Risque after a request from Tippett.
Sullivan has been in a running battle with Tippett since last winter. This summer, Sunshine posted a billboard that used a profanity to criticize Tippett. Topping that, on a Web site mentioned on the sign, Sullivan posted a threatening letter from Tippett and his own response, which called Tippett “an ignorant, narrow minded, bigoted, intolerant, prejudicial pea brain.”
From The Associated Press, 8/31/04
http://www.news-observer.com/news/story/1586065p-7783450c.html
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ADULT ORDINANCE PARTLY APPROVED BY COURT
INDIANAPOLIS, IN – U.S. District Court Judge Sarah Evans Barker has issued a mixed decision on a city ordinance imposing new restrictions on adult entertainment businesses. Provisions that were left standing include that there can be no doors on video booths in bookstores and that the inside of the booths must be clearly visible to the manager. In addition, adult businesses must be closed between midnight and 10 a.m. Monday through Saturday and all day Sunday.
Judge Barker rejected a provision allowing unannounced city inspections of adult businesses “at any time” during business hours, saying the language was too broad.
Major Bart Peterson, who originally proposed the new ordinance, hailed the decision as a victory. However, Annex Books, Inc, which mounted the legal challenge to the ordinance along with several other adult businesses, said they would appeal the decision to the Seventh Circuit Court of Appeals.
From the Indianapolis Star, 8/30/04
http://www.indystar.com/articles/3/174603-1503-102.html
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JUNKYARD PROPOSED FOR ADULT ZONE
NEWPORT, OH – City commissioners are studying a proposal by Commissioner Robbie Hall to designate an adult entertainment district here, and will vote on the idea this month. The proposed zone would allow strip clubs, adult bookstores and other sexually oriented businesses to locate on both sides of a quarter-mile stretch of road bordered by the city limits and a railroad overpass, adjacent to a junkyard. Previously, commissioners had amended Newport’s zoning ordinance in 2003 to restrict new sexually oriented businesses to the city’s west-side, in a low-traffic area zoned mostly for industrial use. However, the move proved unpopular among nearby residents.
In addition to a lack of neighbors to complain, the new location is also unlikely to generate much interest from adult businesses, according to city attorney Michael Schulkens. There was no mention in news accounts of possible objections by the junkyard owners.
FromTravis Gettys, Cincinnati Enquirer, 9/1/04
http://www.enquirer.com/editions/2004/09/01/loc_kyadult01.html
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ENTRAPMENT DEFENSE IN EXOTIC DANCER TRIAL
LAS VEGAS, NV – A Municipal Court case against a dancer from the Treasures exotic dance club has taken on a high profile here due to a one time promise by Treasures management to surrender their liquor license without a fight if a Treasures dancer was ever convicted of sexual misconduct. The trial of the first of three dancers arrested in a sting operation seems to point to police entrapment.
By way of summary, last Halloween night, Leon Desimone, an undercover officer, tried for two hours to get exotic dancer Barbara Lewis to leave the Treasures club and have sex with him for $600. Lewis’ attorney, Ross Goodman, argued in court that because the sting went on for two hours and Lewis rebuffed four previous offers to leave the club during that time, police tactics amounted to entrapment. Lewis never left the club, but she was arrested after Desimone pulled out his wallet to give her the promised cash and they began to leave.
“The officer was the first to suggest a sexual act,” Goodman said. “He was the first to suggest paying for it.”
Las Vegas Municipal Judge George Assad questioned Desimone’s testimony because the police detective admitted he was drinking that night.
“There’s no video, no audio tape, no corroborating testimony, and the officer had been drinking,” the judge said. A ruling is expected soon.
From Michael Squires, Las Vegas Review Journal, 8/31/04
http://www.reviewjournal.com/lvrj_home/2004/Aug-31-Tue-2004/news/24655972.html
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MAN, PREOCCUPIED, FAILS TO NOTICE COPS
SCHENECTADY, NY -- Andre Gainey, 35, has been sentenced to three weekends in jail for watching an adult movie in his vehicle. Police said images from an explicit movie could be seen from outside his Mercedes. Officers pulled up behind Gainey at an intersection. They said the movie was playing on screens set into the passenger-side sun visor and the car’s headrests. Gainey, who pleaded guilty to misdemeanor public display of sexual material, should perhaps count himself lucky, since no dangerous driving citations were issued.
From South Florida Sun Sentinel, 8/29/04
http://www.sun-sentinel.com/news/custom/fringe/sfe-pornarrest29,0,4050996.story?coll=sfla-news-fringe
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UpComing Events
SEPT 11-12 -- Gay Erotic Expo, Los Angeles, 212-352-3535 x. 40
SEPT 21-22 -- Home Entertainment Retail Expo,
Baltimore, MD www.homeentertainmentevents.com
SEPT 30-OCT 2 -- Chicago Adventure & Erotic Fair
http://www.chicagoadventure.org/Chicago_Adventure_-_A_Lifestyl/chicago_adventure_-_a_lifestyl.html
OCT 10 – AdultCon, Los Angeles, CA www.adultcon.com
OCT 28-31 -- Everything To Do With Sex Show
Toronto, Canada, www.everythingtodowithsex.com
JAN 4-6 – Internext, Mandalay Bay Resort, Las Vegas, NV
http://www.internext-expo.com/.html
JAN 6-9, 2005 -- AVN Adult Entertainment Expo, Las Vegas, NV www.homeentertainmentevents.com
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Subscriptions to Free Speech X-Press are FREE to FSC members. Contact us at Sunlove@direcway.com or 800-476-7813.
Kat Sunlove
Legislative Affairs Director
Free Speech Coalition
P.O. Box 907
Cool, CA 95614
530-888-1554
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