Delivering Weekly Censorship Updates to the Adult Entertainment Industry
Vol. X, No. 30, August 3, 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.
FSC Launches 2257 Public Comment Campaign
CANOGA PARK, CA - The Free Speech Coalition has launched a campaign to solicit adult industry participation during the public comment period for proposed changes to the 2257 record-keeping law.
The Department of Justice released the proposed rules and regulations on July 12 and will accept input on the law through Sept. 10, 2007. Last week the FSC published a "2257 Guide for Public Comment" designed to educate the adult industry on how to respond during the public comment period.
"Government regulations must not pose an undue burden on the industry they regulate," said Diane Duke, Free Speech Coalition Executive Director. "The Department of Justice has taken the position that the burden 2257 imposes on the industry is 'negligible'. It is up to us to prove otherwise."
An FSC press release reminds adult industry members, "The current regulations are just proposals; therefore, they have no force of law at this time. They merely represent the current thinking of this administration. After the public comment period, the Department of Justice reviews comments and then issues final regulations with an effective date. The process typically takes many months.
Unless the proposed regulations are radically changed in ways more favorable to the adult entertainment industry, FSC intends to seek a court order preventing implementation of the proposed "final" regulations after they are announced, but prior to the effective date."
"Full industry participation in the public comment period is critical," Duke said. "Failure to speak up now is tantamount to agreeing with the DOJ's assessment of 2257's burden on the industry. If the Department of Justice disregards our input, at the very least, we will have built a solid foundation for our next phase of litigation."
The "2257 Guide for Public Comment" has been posted on FSC's website along with answers to frequently asked questions about the proposed regs. Both documents are also available by calling FSC’s main office at 1-866-FSC-9373, when requested by FSC members.
Indictment Reveals 3-Year Obscenity Investigation
LOS ANGELES, CA - A man who allegedly sold bestiality and scat videos via an online retail site was recently indicted on of an eight counts related to the sell and transportation of the controversial movies, according to an AVN report.
Ira Isaacs, who allegedly did business as Stolen Car Films and LA Media, is charged with: the importation or transportation of obscene material, the importation or transportation of obscene material for sale or distribution, and improper recordkeeping for material depicting sexual activity.
In addition, the U.S. Department of Justice (DOJ) is seeking criminal forfeiture of the allegedly obscene material, and all assets that derived from the sale of such material.
The movies in question are: Gang Bang Horse "Pony Sex Game", Mako's First Time Scat, Hollywood Scat Amateurs No. 7, BAE 20 and Laurie's Toilet Show. With the exception of the first title, all of the movies in question involve both hardcore sex acts and excretion of one form or another, while Gang Bang Horse - "Pony Sex Game" appears to be a bestiality video of European origin.
The "improper recordkeeping for material depicting sexual activity" charge stems from an alleged violation of 18 U.S.C. § 2257.
Isaacs' attorney, Roger Jon Diamond, told AVN.com that he understood that his client's 2257 documentation were in fact in proper order, but the indictment charges that Hollywood Scat Amateurs No. 7 and Laurie's Toilet Show "did not have affixed thereto a statement describing where the required age documentation records for all performers depicted in the visual depictions of actual sexually explicit conduct could be located" - a labeling violation.
The indictment indicates that the government has been targeting Isaacs at least since 2004, and it purchased its first video from him, Gang Bang Horse - 'Pony Sex Game', on May 11th of that year. Subsequent purchases of the "scat" videos were made on July 21, 2006, October 20, 2006 and October 26, 2006.
Diamond is currently assessing what strategies he will employ to defend his client against the charges.
http://avn.com/index_cache.php?Primary_Navigation=Articles&Action=View_Article&Content_ID=292897
Shreveport Couple Busted for Obscenity at Adult Theater
SHREVEPORT, LA - A doctor and his wife were arrested on felony obscenity charges as the couple left an adult video theater earlier this month - but the couple insists they did nothing illegal.
The charges against Timothy Reynolds and his wife Pamela stem from a July 13 raid on the Capri adult theater and retail store in Shreveport, where police allegedly observed patrons, including the Reynolds, masturbating. Two other men were arrested in the sweep.
Last week Pam Reynolds told reporters that the police mistakenly pulled her and her husband aside as they were leaving the theatre. She denied any participation in the alleged sexual activity.
"My wife and I were in a place we shouldn't have been," Tim Reynolds told reporters. "If this is smeared all over the [news], I might as well be guilty."
The husband and wife have been offered the option of a pretrial diversion program for first-time, nonviolent offenders. If the couple successfully completes classes and counseling designed to deter future law-breaking behavior, the charges will be dropped.
Tim and Pam Reynolds face fines of $1,000 - $2,500 each and up to three years behind bars if convicted of the felony offense.
http://www.ktbs.com/viewnews.cfm?news_id=3266
&title=Doctor%20charged%20with%20obscenity%20at%20adult%20movie%20theater
INFORMER Editorial Takes Stand against Ohio Strip Club Bill
[Ed. Note: The Informer is a weekly periodical distributed in the Cincinnati area.]
As Cleveland's SCENE magazine lamented, "only in Ohio!"
That's how many felt when they first learned that a small group of self-appointed "guardians of public morality" --one so-called Citizens for Community Values (CCV) from (where else?) Cincinnati-- was brow-beating a bill through the Ohio Senate which would legislate that "non-alcohol adult establishments" (i.e., juice/ dance bars and adult book stores) CLOSE between Midnight and 6 a.m., a ridiculous "no touch" rule that could result in jail sentences of up to 30-days for customers who violate said provision, and other injunctions aimed at driving the adult entertainment industry across the state OUT OF BUSINESS (in fact, the CCV's openly stated intention behind the bill).
THE BAD NEWS: Despite near-universal contempt for the bill and its sponsors (as "idiotic") from the press and others across the state, the bill is set to become law on September 4th.
THE GOOD NEWS: An effort is now underway by dancers, club owners, and their patrons, free speech activists, and defenders of the adult industry and dance clubs for their place in a lively nightlife scene, to prevent the bill from becoming law on September 4th, through a petition which, rather, would put the provisions of the bill up for a vote in the November elections. The petition to put the bill on the ballot will require 241,000 signatures.
The campaign to overturn the law has a new website: www.citizensforcommunitystandards.org
Come visit the site and find out how you can sign the petition or make a donation.
The INFORMER supports this effort to keep our already economically devastated state from losing yet another industry. We encourage readers to add their names to the petition at the table at Nu Philly Popular & Adult Video (a popular INFORMER distribution point), open 24 hours at 1280 West High Ave. in New Philadelphia (petition tables can be found at other adult establishments around the area, as well). Call Nu Phila Video at (330) 339-4461 for how you can get further involved in the petition effort.
Stop the Strip Club Bill!
-- The Informer
SPEAK NO EVIL...
By FSC's team of dedicated federal lobbyists
Congress is feverishly trying to pass as much legislation as possible before both the House and Senate adjourn for the month of August (This happens every year. It's an opportunity for Congressmen and Senators to spend a decent chunk of time away from Washington and in their respective districts with the people who got them elected). Before they bolt out of here, however, there's an interesting piece of legislation that could potentially shake-up the broadcasting world.
House Energy and Commerce Committee member Charles "Chip" Pickering (R-MS), a vocal proponent of stricter content regulations, is poised to introduce a bill that will "reaffirm the FCC's authority to penalize broadcasters for fleeting utterances of profanity or unscripted airings of sexually explicit images during live programming". Rep. Pickering's bill will mirror Democratic Senator Jay Rockefeller's broadcast indecency bill, which would require the FCC, in enforcing its regulations concerning the broadcast of indecent programming, to maintain a policy that a single word or image may be considered indecent (Rockefeller's bill was approved by the Senate Commerce Committee on July 19th).
A spokesman for Pickering said the congressman is "...working with some Democrats, hoping this will be a bipartisan, pro-family piece of legislation". The Parents Television Council and other conservative interest groups hope that Pickering introduces his bill asap, so that hearings may be held and attention raised. We'll be watching.
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.
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
Believe one who has proved it. Believe an expert.
-- Virgil, Aeneid, Roman epic poet (70 BC - 19 BC)
Character - the willingness to accept responsibility for one's own life - is the source from which self-respect springs.
-- Joan Didion (1934 - )
