Free Speech X-Press
Delivering Weekly Censorship Updates to the Adult Industry
Vol. IX, No. 7, December 22, 2006 - A Member Service of the Free Speech Coalition
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Free Speech X-press is researched and edited by Layne Winklebleck.
Copyright 2006 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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Please note: Due to technical difficulties in sending out the X-Press from the FSC servers with hyperlinks included, this issue of the X-Press will provide URLs in lieu of hyperlinks so that readers can copy/paste them into browsers to read original sources if desired.
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2257 INSPECTIONS CONTINUE WITH K-BEECH, INC.

CHATSWORTH, CA -- The latest in a series of FBI inspections of adult entertainment production companies’ records to determine compliance under the federal record-keeping law, 18 U.S.C. §2257, has been confirmed by Kevin Beechum, owner of K-Beech Inc.

“Eight feds came in around 9 AM and stayed until 11 AM,” said Beechum. “They came to inspect 10 titles from Erotic Angel — a company that is now out of business. We had all the paperwork. I felt no stress and no pressure. The FBI informed us we had everything.”

Beechum said the FBI informed him it had randomly selected 10 titles to be inspected.

“The FBI did their homework because they took a screenshot of a girl’s face off of a movie that we had and we had to match it with our ID records,” Beechum said.

The other companies that have been subject to 2257 records inspections are Pure Play Media, Evasive Angles, Darkside Entertainment, Legend, Sunshine Films, Robert Hill Releasing, Sebastian Sloane Productions and Diabolic.

In addition to the inspections, the DOJ reached a plea agreement in September, under which Joe Francis, founder of Mantra Films and the “Girls Gone Wild” video series admitted violating 2257 record-keeping and labeling laws and agreed to pay $2.1 million in fines and restitution, of which $1.6 million are to be paid by Mantra and $500,000 are to be paid by Francis. The agreement was considered unusual because the unique nature of the Girls Gone Wild video series -- hardly typical adult entertainment productions -- involves the filming of spontaneous actions by often drunken, college-age women, at more or less public events.

(For more on the Girls Gone Wild agreement see the X-Press Report, “2257 Plea Agreement Announced,” 9/15/06)

Some quotes are Steve Javors, Xbiz.com, 12/15/06. 

DRACONIAN ADULT LAW STRUCK DOWN

JEFFERSON CITY, MO -- An en banc (entire court) decision by the Missouri Supreme Court has affirmed a ruling last year by Cole County Circuit Court Judge Richard Callahan throwing out adult entertainment amendments to an anti-drug law because the Missouri Constitution stipulates that bills cannot be amended during passage to change their original purpose. Exotic dance club provisions, which were added on the next-to-last day of the legislative session, “were not remotely within the original purpose of the bill, but rather constitute a textbook example of the legislative log-rolling” that the constitution was intended to prevent, the court ruled in a unanimous decision written by Judge Ronnie L. White.

“Log-rolling” refers to the practice of gathering in a single bill several matters that would not command majority votes individually in the hope of ensuring their passage.

Callahan also had ruled that provisions of the adult entertainment amendments prohibiting customers and employees younger than 21 at adult-oriented establishments were unconstitutional.

“…[E]ighteen, nineteen and twenty-year-olds are not minors and the State may not limit persons of majority age from engaging in lawful expressive conduct protected by the 1st Amendment of the United States Constitution without a substantial and direct connection to adverse secondary effects…” said Callahan. However, the Supreme Court did not rule on the age issue since the decision on the amendments issue was dispositive.

The case, Missouri Association of Club Executives v. Missouri, is a very important victory for the Association (ACE). The draconian law, in addition to the 21-and-over rules, would have increased penalties, limited hours of operation (10 to 10), prevented virtually all interactions between exotic dancers and their audiences, and created new categories of "public nuisance" that could close adult businesses completely.

In order to get around Judge Callahan’s decision, the sponsor of the original measure (SB 32), Senator Matt Bartle (R-Lee’s Summit), reintroduced the bill in March, 2006, in a new incarnation as SB 1232. The bill was sent to the Senate Judiciary Committee but did not pass out of that committee during the legislative session. Inexplicably, SB 1232 retained the 21-year-old minimum age provision which Judge Callahan had already declared unconstitutional.

Information is from the Missouri Supreme Court case record summary, 12/19/06. 

See also, X-Press report, “Draconian Adult Business Law Reintroduced,” 3/10/06.
www.freespeechcoalition.com/ FSCview.asp?coid=305>

See also, Dan Margolies, The Kansas City Star, 12/20/06. URL: www.kansascity.com/mld/kansascity/16277952.htm>

SHARP QUESTIONS BY JUDGES ON “FLEETING EXPLETIVES” RULES

NEW YORK, NY -- Oral arguments have been heard here in the U.S. 2nd Circuit Court of Appeals in the challenge brought by the major networks (except ABC) against the Federal Communications Commission’s indecency rulings issued last March. Comments by Reuters reporters Paul Thomasch and Martha Graybow and a summary of the arguments by the Free Expression Policy Project both concluded that the panel of three judges seemed skeptical about the legitimacy of the FCC`s "indecency" censorship rules. The case arose after the FCC issued an "Omnibus Order" in March finding "apparent liability" for indecency and profanity against ten broadcasters, including a small PBS station in California that had aired Martin Scorsese`s documentary, "The Blues." Four of the rulings were unaccompanied by fines, thereby allowing the broadcasters to appeal directly to the federal courts rather than filing an "opposition" within the agency. After the case was filed, the FCC reconsidered these four rulings, and reversed two of them - against "NYPD Blue" for using the word "bullshit" in one episode, and against "The Early Show," where a reality TV participant uttered the word "bullshitter."

The FCC argued that the case is a narrow one, relating solely to its findings in the two remaining rulings against Billboard Award shows in which celebrities Cher and Nicole Richie had used naughty words, (Cher, at the 2002 Billboard broadcast, said "Fuck `em" in response to her critics; Richie, the following year, said "Have you ever tried to get cow shit out of a Prada purse? It`s not so fucking simple.") and that it would be improper for the judges to consider the broader implications of its new rule against "fleeting expletives."

The judges - Rosemary Pooler, Peter Hall, and Pierre Leval - did not seem impressed by this argument, asking a serious of sharp questions about the potential reach of the “fleeting expletives” rule.

"Why isn`t this a sword of Damocles hanging over every TV station?" Judge Hall asked. “Suppose broadcasters reporting on this case use the words ‘fuck’ and ‘shit’ on their news shows tonight; will those be punishable by the FCC?” Miller assured him they would not -
even though the FCC has said there is no blanket exception from the fleeting expletives ban for news.

Let`s suppose they rebroadcast the Cher or Nicole Richie clips, Judge Hall asked. Miller responded that the FCC is not in the business of second-guessing the news and editorial judgments of broadcasters, which brought forth further skepticism from the judges.

"So why can`t they call anything news?" Judge Pooler asked. "Are you telling the networks that they just have to make some cockamamie claim that their program is journalism in order for the FCC to defer to their judgment?”

Most quotes and information are from a piece at the Free Expression Policy Project website. www.fepproject.org/news/FCC12-20-06.html>

See also, Paul Thomasch and Martha Graybow, Reuters, 12/21/06. 

See the X-Press report, “FCC Responds to Network Filings.” 12/8/06. 

<www.freespeechcoalition.com/ FSCview.asp?coid=1006>

SIMULATIONS BAN IN ALCOHOL CLUBS RULED CONSTITUTIONAL

RICHMOND, VA -- The U.S. Fourth Circuit Court of Appeals has overruled a November 2005 decision by U.S. District Judge N. Carlton Tilley that a state Alcoholic Beverage Control law regulating exotic dancing is unconstitutional. The case, known as Giovani Carandola v. Fox, is referred to in the Fourth Circuit decision as Carandola 2, Carandola 1 being an earlier case with the same plaintiff and the same Judge Tilley when club owner Carandola challenged a very similar law, won in Tilley’s court and prevailed on appeal. The difference this time is that the North Carolina Legislature, taking the decision to heart, had in the meantime re-crafted the law and the new version has passed muster with the appeals court.

In Carandola 1, (2001) the Fourth Circuit upheld Tilley’s decision throwing out the law, noting that the state’s restrictions, which banned simulated sex acts or the fondling of private parts, including the posterior, could prohibit the performance of ballet or flamenco dance or such productions as “Cabaret,” “Chicago” and “The Full Monty”.

In Carandola 2, however, said the Fourth Circuit, rather than asserting that the ban reaches every wiggle or touch in a licensed establishment, the new statute bans only limited activities. The prohibition on simulated sexual acts only applies to performances "that give the realistic impression or illusion that sexual intercourse [or masturbation, etc.] is being performed for the audience." Similarly, [the] prohibition on "fondling" of buttocks, genitals, breasts, etc. only bars a performer from actually "manipulating specified erogenous zones." [Furthermore]… “the new statute has no prohibitory effect on non-erotic dance and would not apply to other [forms of] mainstream entertainment….”

From the Fourth Circuit Decision, Giovani Carandola v. Fox, 12/15/06. 

< http://pacer.ca4.uscourts.gov/ opinion.pdf/052308.P.pdf>

HOW MUCH IS SIGNIFICANT? THAT’S FOR US TO KNOW AND YOU TO FIND OUT

JOHNS CREEK, GA -- U.S District Judge Thomas Thrash has rejected claims by John Cornetta, owner of the Love Shack here, that the store meets Fulton County`s rules and should be treated as a regular retail store.

"It appears clear to me that the plaintiff is operating an adult business and it is operating illegally," Thrash said. He said Cornetta had failed to obtain proper permits and to meet zoning requirements from Fulton County.

At issue is whether the Love Shack stocks a “significant” amount of adult material. Cornetta`s attorney, Louis Sirkin, asked Thrash to define “significant” but the judge refused to do so. Judge Thrash agreed to allow the Love Shack to remain open until a specified hour after a few days to give Cornetta time to appeal and seek a temporary stay from the 11th Circuit Court of Appeals.

In the meantime, Cornetta has been busy putting in rush orders to dilute his adult inventory by adding lingerie, children`s movies, and sportswear and hats.

"The judge was completely off base and off the law," Cornetta said. "Can they have a sign that says `Don`t drive too fast through town` — but we`re not telling what that means? The 11th Circuit is going to remand it to him, I guarantee it."

Information and quotes are from Doug Nurse, Atlanta Journal-Constitution, 12/21/06

CHRISTMAS STORY

SAN FRANCISCO, CA -- As they have for more than nine years, approximately 700 dancers at 11 exotic dance clubs citywide will donate approximately $15,000 from their tips to the San Francisco Firefighters’ Toy Program, a union charity that last year provided nearly 20,000 toys to 4,189 families. If they choose to participate, dancers working at clubs such as Centerfolds, the Garden of Eden and the Hungry I perform one song for charity during their shifts between Thanksgiving and Christmas. They contribute their tips from that song — usually about $20 — to Toys for Tots.

In 1998, the union began recognizing the dancers’ efforts officially, and this year, the dancers’ donations to the program will have reached a total of $100,000, said Joe Carouba, president of BSE Management, which operates the clubs.

So far this year, the dancers have raised a little more than $10,000. “I’m going to guarantee that it’ll be at least $15,000, even if I have to kick in a little myself,” Carouba said.

From Adam Martin, S.F. Examiner, 12/19/06 www.examiner.com/a-464813~Exotic_dancers_bare_bodies_for_toy_drive.html 

UpComing Events

JAN 10-13, -- Adult Entertainment Expo, Sands Expo, Las Vegas

JAN 10-13 -- GayVN Expo, Sands Expo, Las Vegas

JAN 11-14 -- Taboo: The Naughty But Nice Sex Show, Vancouver

JAN 15-17 -- Internext , Mandalay Bay Resort, Las Vegas

JAN 21-22 -- International Lingerie Show, Miami

FEB 7-8 -- XBIZ Awards and Industry Conference, Hollywood

FEB 23-25 -- Sex and So Much More Show, Denver

MAR 23-25 -- ADULTCON, Los Angeles Convention Center

MAR 23-25 -- Taboo: The Naughty But Nice Sex Show, Red Deer, CN

APR 16-18 -- International Lingerie Show, Las Vegas

MAY 11-13 -- Sex and So Much More Show, Phoenix

JUNE 22-24 -- Erotica L.A., Los Angeles Convention Center

SEPT 21-23 -- ADULTCON, Los Angeles Convention Center