US Sex Sells News

The state of Oregon has fine ideals for protecting freedom of speech. No law shall be passed restraining the free expression of opinion, or restricting the right to speak, write, or print freely on any subject whatever; but every person shall be responsible for the abuse of this right, is how Article I, Sec. 8, Freedom of speech and press, of the Oregon Constitution reads.

But of course there are nutters who put miserable restrictions on adult entertainment above constitutional freedom. Senator Mark Hass and state Representatives. Tobias Read, Jeff Barker and Andy Olson have sponsored Senate Joint Resolution 28 which would amend Article I, Sec. 8 to add, This section does not prohibit the state or any county, municipality or district from regulating the location at which a business or organization may offer live entertainment or other services performed by a person in a state of nudity, as defined by the jurisdiction imposing the regulation.

But, as the Senate Judiciary Committee found out, it's not just the obvious strip clubs that will be effected. According to an Associated Press story, Nudist advocates testified against a bill that would ask voters to change free-speech protections in the state constitution to let communities keep strip clubs out of neighborhoods. ... Nudists fret that a stodgy city or county government would use that phrase to pounce on nudist clubs. Nude karaoke might be considered live entertainment. Mowing the lawn in the buff might be considered a service.

We want to protect our rights, said John Kinman, former president of the American Association for Nude Recreation. We feel comfort in knowing this Legislature or the cities can't pass laws that prohibit what we do.

So far, there is no indication as to when the Senate will vote on the measure.

The Kansas House has approved the miserable Community Defense Act , which seeks to repress sexually-oriented businesses in the state.

Representatives had to decide whether their moral beliefs took precedence over their beliefs about government regulation of businesses.

The House chose morality.

But some argue that there's more to this bill than morality. Several representatives cite their supposed concerns over secondary effects of sexually oriented businesses, like never seen increased crime rates and decreased property values.

State Rep. John Rubin spouted the shameful bollox: It is not an attempt to legislate morality or regulate sin.... RATHER ... this bill was carefully crafted for proper public policy purposes: to protect the health, safety and welfare of our citizens without unconstitutionally or unduly infringing any personal liberties or property rights.

The bill would require businesses like strip clubs, sex shops and adult video stores to remain closed between midnight and 6:00 AM. Semi-nude dancers would have to stay six feet away from their customers. That means no more legal lap dances in the state of Kansas. New sexually-oriented businesses would not be able to open within 1,000 feet of a similar business, school, day care center, place of worship, or library. The bill would also establish minimum lighting conditions and would ban private rooms and booths.

Senate not so keen

Based on article from canadianbusiness.com

The bill approved by the Kansas House to restrict strip clubs, adult video stores and other sexually oriented businesses might not get a vote this year in the Senate, where members haven't paid much attention to the issue and some are unenthusiastic about the idea.

The House vote was 91-28 on the proposed Community Defense Act, which supporters claim will protect communities from blight, increased crime and other problems they link to adult businesses.

Senators have speculated that a vote in their chamber on the legislation could be close, but they also said they haven't studied this year's legislation in detail. Their leaders wouldn't commit to having a committee hearing on the measure this year and acknowledged that the bill isn't as pressing a priority for them as it was for House members.

Senate Committee Non Committal

18th March 2011. See  article from  kansascity.com

The bill failed to clear a Senate committee which voted not to advance the bill to the Senate floor.

Committee chairman Senator Pete Brungardt, a Salina Republican, said the bill could now be brought to the Senate floor only by a motion requiring 24 votes. The Senate has 40 members.

Most of the committee's opposition to the bill hinged upon resistance to state involvement in what is generally perceived as a community issue.

I struggle with government intrusion into business, said Senator Jeff Longbine: I believe this is an issue that is best left to be dealt with locally.

Senator Tim Owens said he didn't see enough evidence that crime spikes when strip clubs and porn shops open --- at least not in Kansas.

Arkansas Senator Percy Malone introduced SB921 on the last day of filing for the session. The bill, if passed, would tax adult entertainment businesses in the state and use the proceeds for the protection of abused children.

Currently SB921 does not indicate how much of a tax will be sought.

The all too literal title of the bill is An Act To Amend the Laws Regarding Taxation of the Adult Entertainment Industry; To Provide that Revenues Generated from the Taxation of Businesses in the Adult Entertainment Industry Shall Go Towards the Protection of Abused Children; and for Other Purposes.

 Adult film maker John Stagliano (Buttman) issued the following statement decrying the recent attacks on personal liberties by moral crusaders:

This week, the group 'Pornography Harms' continued its campaign to ban free speech and adult entertainment through a letter circulated around Capitol Hill with the goal of spurring elected officials into enacting the group's dangerous agenda. The letter cites worn-out and debunked claims that view.

Recent statistics show those claims simply are not true. A study from a Clemson University economist showed that violent and sexual crimes have actually decreased as Internet usages have increased. The study's author found that states whose Internet access expanded the fastest saw rapes and sexual crimes decline the most.

We are tired of being slandered. It is apparent that if people are left free to consume pornography, if they so choose, the world is a healthier, less violent place.'

In 2008, the Department of Justice's Obscenity Prosecution Task Force brought charges against Stagliano in a trial which gained national attention over its free speech implications. In July of 2010, the trial ended in a Judicial Acquittal after the Judge ruled there wasn't sufficient evidence presented by the prosecution to convict. Groups such as Pornography Harms have lobbied government agencies and elected officials to continue to stifle first amendment / free speech rights through similar prosecutions.

The recent Pornography Harms letter urges readers to donate to Morality in Media, an organization with a long history of First Amendment suppression tactics and alignment with other censorship driven groups. They have frequently used similar outlandish claims and factual distortions as part of their extremist agenda, such as claiming there's a link between gay marriage and mass killings. If these anti-speech activists are initially successful with their censorship agenda, they won't stop until they have turned all broadcasts and publications in line with their narrow worldview.

The only real violence involved is prosecuting someone like me with an obscenity law, a law that you can't know in advance when you are breaking it.'

Nutters opposed to strip clubs, adult stores and other sexually oriented businesses in Kansas are starting another push for more state restrictions.

A Kansas House committee opened hearings on legislation to keep new sexually oriented businesses at least 1,000 feet away from any similar business or from a school, library, day care center or house of worship.

Supporters claim that such businesses lower property values and cause problems such as crime, especially if they're clustered together.

The House passed a similar bill last year, but it died in the Senate on a 20-20 vote.

Update: Community Offence Act

19th February 2011. See  article from  ksnt.com

The Kansas bill to place repressive restriction son adult businesses has been accepted by the House Federal and State Affairs Committee.

The proposed Community Defense Act would mean no nude dancers and no alcohol in sexually oriented businesses.

The act would also limit business hours by forcing them to close early at midnight.

But the biggest problem for strip clubs would be the requirement that semi-nude dancers stay at least six feet away from their customers.

Owner Irvin Metz says: They work on tips only. How are they going to even get a tip if they've got to stay six feet away? What, are they going to throw them a dollar, or what?

Update: Just as similar restrictions are declared unconstitutional in Maryland

19th February 2011.  See  article from  xbiz.com

A federal appeals panel has ruled that Maryland can't ban the mix of alcohol and adult entertainment, as well as certain simulated sexual acts.

The decision by the 4th U.S. Circuit Court of Appeals upholds a federal judge's injunction against unconstitutionally overbroad strip club regulations there.

We conclude that the statute --- which limits the range of permissible conduct, attire, and entertainment at establishments licensed to serve alcoholic beverages --- prohibits a broad swath of expression protected by the 1st Amendment and is not susceptible to a limiting construction, 4th Circuit Judge James Wynn wrote for the court. Accordingly, we affirm the permanent injunction prohibiting enforcement of the statute.

Maryland amended its laws to outlaw nude servers and hostesses, sexual attire simulating erogenous areas and sexual touching in venues licensed to serve alcohol. The new regulations were supposed to take effect in October 2005. Further, nude entertainers would also be prohibited under the law from being within six feet of customers.

On Friday, the Los Angles City Council voted unanimously on a motion to instruct the City Attorney to explore the feasibility of conditioning the issuance of film permits granted under City authority to the use of condoms in adult film productions.

The motion, introduced by Councilmember Bill Rosendahl at a Council meeting in mid-December, now directs the city Attorney to, ...report back within 45 days to explain the mechanisms necessary to enable the City's film permit process to require workplace safety in the production of all adult films.

We commend Councilmember Rosendahl and the entire City Council for their unanimous vote in favor of this legal study to explore making adult film permits conditional on the use of condoms in adult films, said Michael Weinstein, President of the AIDS Healthcare Foundation. Under existing California law, condoms are already required in the production of adult films, yet the industry remains convinced it is above the law. This City Council action is a step toward better enforcement and oversight to safeguard the health and safety of adult film workers. Tying condom use to adult-film production permits is absolutely the responsible thing to do, protecting adult film industry performers who---under the current system of testing---are routinely asked to risk their lives and health in order to continue working.

A San Fernando Valley clinic that caters to porn stars has re-opened after being forced to close for operating under the wrong type of license.

Adult Industry Medical Healthcare Foundation spokeswoman Jennifer Miller says the clinic is now a private corporation, instead of a non-profit operating under a physician's license.

The clinic is a preferred medical provider of many actors in the porn industry, providing a discreet environment for frequent HIV tests.

Super Bowl Sunday, is being dubbed Porn Sunday by more than 300 pastors, who will talk openly about pornography with their congregations.

Event organizer Craig Gross, founder of XXXchurch.com, said the centerpiece of Porn Sunday will be a 39-minute video featuring him and several NFL players talking openly about the problems created by the $13 billion-per-year industry.

About 95 million people will watch the Super Bowl, Gross said, but research indicates that 40 million people visit porn websites every day. And 47% of Christians say pornography is a problem in the home. Porn revenue, he said, is bigger than the combined revenues of football, baseball and basketball leagues in this country.

But pornhub.com, which describes itself as the leading provider of adult content online, believes these types of public discussions lead to greater awareness of adult offerings online and likely will result in greater traffic on the site, Pornhub marketing Vice President Corey Price said.

Free porn has a lot to answer for in terms of a negative effect on the adult industry, but it isn't against the law as Kevin Cammarata found out.

He made a complaint against Redtube.com owner Bright Imperial Limited of Hong Kong claiming: The ubiquitous distribution of free adult videos through redtube.com has had a massive negative impact on the business model of adult website proprietors. Now that consumers have the ability to watch high quality adult videos for free on redtube.com, fewer are making the choice to pay other adult website proprietors for the same content.

He claimed that Redtube.com has caused many millions of dollars of damages to proprietors of adult entertainment websites and was a violation of California's Unfair Practices Act.

This case was nothing to do with copyright violations. The free videos are all legal and are basically trailers tempting people to buy subscriptions and the like. Presumably the law cited is to prevent 'dumping' where an entity drives competitors out of business by selling at impossibly low prices with a view to cleaning up later.

The Appeals Court's ruling showed some initial sympathy for Cammarata's grievance which is common among porn producers. According to one adult entertainment executive, the formerly profitable subscription-based websites 'have been brought to their knees' by the tube-based sites, they observed. But the justices could find no evidence that Redtube's marketing strategy had anything to do with putting Cammarata out of business so dismissed the charges.

If Cammarata's subscription-based website lost revenue after Redtube and other tube-based websites came on the scene it was because the tube-based business model is more efficient, not because of alleged predatory pricing by Bright, the court concluded.

Following news reports that an unnamed hotel chain customer of in-room television provider LodgeNet was planning to phase out in-room porn, Marriott said that it was the chain in question.

But the company announcement also strongly implied, though it did not actually state, that existing rooms will continue to serve up adult fare while new rooms being built over the next several years will not.

Indeed, the announcement made to USA Today actually augurs more access to adult content in Marriott rooms in the future rather than less. Considering the company's stated commitment to upgrading in-room technologies that will supersede the traditional way in which video and other in-room entertainment has been made available to its customers, guests can look forward to unlimited access to desired content of all types.

The company said in response to a query by USA Today:

It is our practice to keep adult content out of the reach of children and unavailable to any adult who chooses not to view it. We have strong controls in place that allow guests to block these materials. Changing technology and how guests access entertainment has reduced the revenue hotels and their owners derive from in-room movies, including adult content. We are working with in-room entertainment providers and technology vendors to transition to the next generation of in-room entertainment. This new platform of Internet-based video-on-demand will facilitate our exit from the traditional hotel video systems that included adult content in the menu selection, and will also provide guests greater choice and control over what they watch across our system.

In a confusing statement perhaps referring to to existing hotel movie service, Marriott added:

As we transition to this new platform, adult content will be off the menu for virtually all of our newly built hotels. Over the next few years, this will be the policy across our system.

There are headlines flying around the internet suggesting that Apple censors have relented and allowed a soft porn app onto iPad.

However closer inspection shows that this is simply not the case and Apple continue their crusade for technology for kids.

A Playboy spokesperson clarified the news for Forbes.

We are releasing a web-based subscription service with Bondi Digital Publishing that will give users access to every issue of Playboy both past and present. The service will be iPad compatible and will utilize iPad functions.

We also have plans to release a non-nude version of a Playboy-branded iPad app in the coming months that adheres to all of Apple's policies and guidelines.