Taco Dave's blog: "News From The Free Speech Coalition"

Delivering Weekly Censorship Updates to the Adult Entertainment Industry Vol. X, No. 24, June 22, 2007 - A Member Service of the Free Speech Coalition Stories without byline submitted by FSC contract writer, Scott Ross Contributing writers: Matt Gray and Dave Grimaldi X-Press Editor-in-Chief: Scott L. Lowther Special thanks to Cubik Corp. for formatting and Val Vizmanos for distribution Copyright 2007 Free Speech Coalition. Permission to reprint granted to FSC members; please give credit. Adult Friend Finder Offers FSC Matching Grant to Battle 2257 Changes PALO ALTO, CA - Sexual networking site AdultFriendFinder.com has offered a grant to the Free Speech Coalition that will match donations up to $10,000 made to the organization in aid of its fight against certain amendments to the 18 U.S.C. 2257 record-keeping statute. The amendments being challenged are those that, if made effective by the Department of Justice, would require so-called "secondary producers" to acquire and maintain records for every performer in every sexually explicit image used by that producer. AFF marketing director Legendary Lars, in a press release about the new matching grant, called this provision a "draconian" one that "goes way beyond what is acceptable in a free society." "The only organization actively fighting this provision is the Free Speech Coalition," Lars went on, "and we think they deserve support. Anyone concerned with first amendment rights and keeping the government out of our bedrooms should consider a contribution to help FSC in their 2257 battle." FSC executive director Diane Duke noted that these addendums to the 2257 law would subject "secondary producers" to inspections by the FBI as well. "Complying with the anticipated changes in the law would cost millions of dollars in additional staffing, filing and computer resources," Duke portended, "apart from the cost of defending prosecutions. We will challenge these changes to the law, but we need the industry's help to support that cost." http://avn.com/index_cache.php?Primary_Navigation=Articles&Action=View_Article&Content_ID=290839 Two Charged with Selling Obscene Material in Utah SALT LAKE CITY, UT - Two owners of an internet sales business based in Cleveland were charged last week with selling obscene material, according to a U.S. Dept. of Justice press release. The federal complaint charged Sami R. Harb and Michael Harb, doing business as Movies by Mail. The charge stems from an investigation and prosecution effort, started in August of 2006, by the FBI's Adult Obscenity Task Force. In March, an FBI agent working in Salt Lake City placed an online order for the purchase of DVDs from the company. Three of the DVDs sent to the agent in Salt Lake City were deemed to be obscene, the complaint alleges. It is unclear from the complaint which titles were deemed obscene. Both will now have to appear before a Magistrate Judge in U.S. District Court in Salt Lake City at the end of the month. "The U.S. Department of Justice and U.S. Attorneys' Offices nationwide have stepped up the prosecution of obscenity cases, as evidence increases of the harm of obscenity to American children and families," U.S. Attorney Brett L. Tolman told the Associated Press. The complaint alleges the defendants engaged in the business of selling or transferring obscene material. According to the release, the maximum penalty for a conviction under the obscenity charge is five years in prison. "This charge was initiated by complaint. It will now be up to a grand jury, in the exercise of its independent judgment, to decide if there is probable cause to believe the material is obscene in considering an indictment. Ultimately, a Utah jury will decide if the material is obscene," Tolman said. http://avn.com/index_cache.php?Primary_Navigation=Articles&Action=View_Article&Content_ID=290809 Anti-Porn Group Targets Massachussetts Video Store SPRINGFIELD, MA - Springfield Mayor Charles Ryan led a License Commission hearing on Monday to consider the entertainment license for the adult retailer Amazing.net, which is owned by Capital Video Corp., of Cranston, Rhode Island. The store's license is valid through December. The anti-adult group NoPornNorthampton has campaigned against the store for months now. Last year, the conservative group organized meetings, lobbied for zoning ordinances and circulated a petition in a widely-publicized effort to block Capital's plans for the Northampton outlet. The store opened in early 2007, after months of opposition and public hearings. The group is now alleging that there have been cases of prostitution, drug crimes, and negative secondary effects on other businesses around Amazing.net. However, Lesley S. Rich, an attorney for the store, refutes the group's claims. "The Amazing.net store in Springfield Massachusetts is in full compliance with all local ordinances, and has operated without incident for many years," Rich told AVN. "Last October, certain deficiencies were pointed out by local authorities, and Amazing immediately corrected all such problems. The NoPornNorthampton website is dedicated to censoring the rights of adults to view sexual materials. It appears that they are upset that Amazing prevailed in the City of Northampton, and this is just a retaliatory action." At Monday's hearing, Springfield police officer Rupert Daniel testified that he has observed male and female prostitution outside the store, and that in January of this year an individual was arrested outside of the store on drug distribution charges. The mayor, who is in charge entertainment licensing, is expected to take the matter under advisement and issue a decision at a later date. http://www.masslive.com/republican/ http://avn.com/index_cache.php?Primary_Navigation=Articles&Action=View_Article&Content_ID=290869 N.J. Adult Store Closed Over Zoning Rule BRICK, NJ - Local officials closed adult retail store CS DVD last week, noting that the store never should have been authorized to open because of existing state statutes and municipal codes that specifically prohibit sexually oriented businesses from operating within the township. The state law prohibiting adult-oriented businesses dates back to 1995. Municipalities have the power to allow them, but are required to pass laws specifically authorizing them, and requiring certain restrictions, such as the proximity of such businesses to churches and schools. "They should have never been allowed to open in the first place. Someone was asleep at the switch," Township Council President Stephen C. Acropolis told the Asbury Park Press. "My main goal is to stop something like this from happening again." "He cooperated fully," Brick Business Administrator, Scott M. Pezarras said of the store's owner, Kakulawalage Bernard Fernando. Pezarras told the Park Press that Fernando "voluntarily closed the store down, and we issued him a cease-and-desist order. . . . He said he was going to be consulting his attorney." Mayor Daniel J. Kelly told the Park Press that the township officials who granted the store zoning permits did nothing wrong. The code prohibiting such a business isn't in the zoning code, according to township officials. Pezarras told the Park Press that he would instruct local officials to speak with the mayor and himself when an issue that could become controversial occurs in the future. "[Fernando] told [zoning officials] exactly what he was doing, but zoning is only interested in one section of the code," said Pezarras. http://www.app.com/apps/pbcs.dll/article?AID=/20070615/NEWS02/706150450/1070/NEWS02 Virginia Adult Shop Forced to Close Over Obscenity Charges STAFFORD, VA - The owners of adult retail outlet Pheromoans have agreed to close their store in the face of obscenity-related criminal charges. Meagan J. Pacheco and Lesley O. Mason both pled guilty last week in Stafford County Circuit Court to a single misdemeanor count of possessing obscene materials with the intent to distribute. The Free-Lance Star reported that Stafford authorities investigated the business toward the end of last year in response to what they claimed were complaints from residents. As part of that investigation, detectives purchased and watched six adult movies, including "Barely Legal Hotties," "The Devil in Miss Jones," and "Deep Throat." The state's obscenity law makes it illegal to distribute certain pornographic movies but does not make it illegal to own or possess them. As part of the deal, four other charges against Pacheco and Mason were dropped. No jail time or personal fees were brought against the pair and the misdemeanor charge will be dropped in June 2009, if they are not charged with anything else in the meantime. According to the report, the business itself was convicted of two obscenity charges. It was fined $5,000 and half of the fine suspended. Pheromoans still has two civil cases pending in Stafford Circuit Court involving nearby property owners seeking to have the business evicted, reported The Free-Lance Star. However, no trial has been set and the cases are likely to be dismissed now that the business is expected to close http://www.orlandoweekly.com/features/story.asp?id=11596 Petition to Overturn Ohio Anti-Adult Law Passes First Hurdle COLUMBUS, OH - Citizens for Community Standards (CCS) has obtained the 1,000 voter signatures needed to begin the process of repealing SB 16, a law passed earlier this year that will place severe restrictions on adult businesses when it goes into effect in September. SB 16 closes adult businesses between midnight and 6 a.m. daily, and prevents nude or semi-nude dancers in adult cabarets from touching club patrons or each other, with the maximum penalty for such touching as high as a $1,000 fine and/or six months in jail. CCS, which is backed by the Buckeye Association of Club Executives (BACE), must now collect 241,366 signatures of registered voters in 44 of Ohio's 88 counties - three percent of the total number of voters in the last gubernatorial election - in order to place the repeal language before the voters at the next general election. The deadline for collection of those signatures is Sept. 3, 90 days from the date that Gov. Ted Strickland filed the final version of the law with the Secretary of State, and the day before the law, which Strickland said he would allow to take effect without his signature, could first legally be enforced. The projected cost of the petition drive is over $1 million, and according to several attorneys knowledgeable about the case, if the law is allowed to go into effect, it will probably serve as the jumping-off point for similar laws in other states across the country. Contributions are being accepted through a number of different means, though all will wind up in the same coffer. Checks, made out to "BACE," can be sent to: BACE, c/o Rondee Kamins, 3700 Kelley Ave., Cleveland, OH 44114 Or, BACE, C/O LD Management, Attention: Jim Everett, 110 East Wilson Ridge Rd. Suite 100 Worthington, Ohio 43085 Contributions can be made over the Internet by following the directions here. http://avn.com/index_cache.php?Primary_Navigation=Articles&Action=View_Article&Content_ID=290834 TRADE SHOW BOOTH FOR SALE -- FSC has a trade show booth for sale. This sturdy booth is 10 feet by 20 feet, with half-wall sides and front, and niches for display. It is covered in red & blue carpet-like fabric, but could easily be reupholstered to any choice of fabric and colors by the buyer. Photos of the booth are available upon request. Originally purchased in 2002 at a cost of $13,000, it is available to the savvy buyer for only $1,500. This is a great opportunity for an FSC member to purchase a substantial trade show presence at a fraction of the cost of new. For more information, please contact Valerie at 1-866-FSC-9373. Email Xpress@freespeechcoalition.com for more information. Because of 2257 litigation, it's critical that we have your company's information complete in our database. Are you SURE your company's information is complete? Email UpdateInfo@FreeSpeechCoalition.com to update your company's information now. NOTE: The data we're tracking, related to 2257, has changed. Please update NOW. JUNE 22-24 - Erotica L.A., Los Angeles Convention Center JULY 11-13 - XBiz Summer '07 Forum, Hard Rock Hotel and Casino, Las Vegas, Nevada JULY 16-18 - ANE - Adult Novelty Expo, Universal City, CA AUGUST 3-5 - Internext, Hollywood, FL AUGUST 27-30 - Annual Gentlemen's Club Owners Expo, Las Vegas, NV AUGUST 27-30 - STOREROTICA Convention and Tradeshow, Las Vegas, NV SEPT 21-23 - ADULTCON, Los Angeles Convention Center You've achieved success in your field when you don't know whether what you're doing is work or play. -- Warren Beatty Success is getting what you want. Happiness is liking what you get. -- H. Jackson Brown, Jr.