JUPAMan’s Blog

October 9, 2009

Supremes Reject 2257 Challenge

Filed under: Adult Legal News, Adult News, Articles, Legal News — Tags: , , , — JupaMan @ 5:30 PM

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WASHINGTON – The U.S. Supreme Court on Monday declined to hear an appeal challenging 18 U.S.C. §2257, the federal recordkeeping and labeling act. The court also declined to give a reason why it would not consider the Sixth Circuit Court of Appeals’ en banc ruling affirming the law’s constitutionality.

The underlying case, Connection Distributing Co. vs. Holder, arose in the mid-1990s when a publisher of swinger magazines and websites sued to prevent the enforcement of the law in cases where individuals submitted nude or sexually explicit photos of themselves to accompany personal ads seeking like-minded adults for friendship and frolic. The act requires all publishers of explicit materials to maintain records about the individuals depicted in all images. Connection Distributing asserted because it did not create the images, it should not be required to maintain the documentation and make the files available for inspection by duly authorized representatives of the Department of Justice. Doing so violated the privacy rights of the citizens from whom Connection accepted advertising, the company claimed, and the appropriate custodians of records for the images were the individuals themselves. (more…)

Popularity: 9% [?]

FSC to Challenge 2257 from New Direction

Filed under: Adult Legal News, Adult News, Articles, Legal News — Tags: , , , — JupaMan @ 5:24 PM

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by Kathee Brewer of ynot.com

PHILADELPHIA – U.S. laws that require producers of sexually explicit content, or content that simulates explicit sexuality, to keep records proving the majority of their subjects violate the search and seizure clauses of the Constitution, according to a new federal lawsuit to be filed Wednesday on behalf of 15 plaintiffs from the mainstream and adult entertainment.

The Fourth Amendment challenge is a new approach for opponents of 18 U.S.C. §2257 and §2257a, the federal recordkeeping and labeling acts. So is the group of challengers. Led by the adult industry trade organization Free Speech Coalition, the collection of plaintiffs also includes journalists, a photojournalist trade organization, artists and sex educators in addition to studios and performers who work in adult entertainment.

“We have a very, very substantial constitutional attack,” plaintiffs’ attorney J. Michael Murray told reporters during a Tuesday evening teleconference, adding that First Amendment and Fifth Amendment challenges are part of the suit, as well.

The lawsuit will be filed in the U.S. District Court for the Eastern District of Pennsylvania, a venue Murray said has “extensive First Amendment experience” and a track record of striking down federal statutes that are overbroad and vague.

Plus, “Philadelphia is where the Constitution was born, so it seemed appropriate,” Murray added.
(more…)

Popularity: 7% [?]

September 24, 2009

Bikini Baristas Caught Selling More Than Just Coffee

Filed under: Adult Legal News, Legal News, Wackie Shit — Tags: — JupaMan @ 6:03 PM

EVERETT – Everett Police say five baristas are in trouble for offering more than just coffee at an Everett espresso stand.

Everett Police Sergeant Robert Goetz told Q13 FOX News that police concluded a two month investigation where they found ‘terribly inappropriate’ and lewd behavior. Five women from the ‘Grab-N-Go’ espresso stand in the 8000 Block of Broadway in Everett have been charged with prostitution and violating the city’s Adult Entertainment ordinance.

Police started their investigation after tips came in from customers. Sgt. Goetz says, “For extra money these women would expose their entire body. If they were wearing a bikini they would either take it off or at least lower it. There were some allegations… Complaints from our citizens that they were performing whip cream shows between two women.”

Police say, in one instance, an alarm went off at the espresso stand and when they responded, they found a naked barista.

The owner of the business, Bill Wheeler, says the women who work at the ‘Grab N Go’ all sign a policy prohibiting the kind of behavior alleged by the police investigation. Wheeler says the policy will be strictly enforced and any violation means immediate termination.

“Any girl caught doing anything illegal will be fired on the spot,” says Wheeler. “Every girl that works for us knows that our policy states clearly, acceptable attire for work. They must cover their bottoms and use pasties, if necessary.”

Wheeler says no whip cream on bodies or sexual gestures are allowed.

He says the the media should check the other stands in Everett as well and not just target his. He says he can’t control every moment of every girl that works for him.

Police say they are getting tips from other locations and investigations are on-going.

If convicted the women could face 90 days in jail and a $1,000 fine.

Copyright © 2009, KCPQ-TV

(view the full video below)

http://www.q13fox.com/videobeta/watch/?watch=cd38db0d-ef70-45a0-9ab3-57301b3b6893&src=front

Popularity: 9% [?]

July 12, 2009

Adult businesses racy, but regulated in East Lyme, CT

Filed under: Adult News, Articles, Legal News — Tags: — JupaMan @ 6:26 PM

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East Lyme, CT zoning panel establishes set of ABC’s for what’s X

East Lyme, CT – Adult bookstores, video stores, strip clubs, escort services and other racy establishments are now allowed in this town by special permit.

The Zoning Commission unanimously voted Thursday to regulate adult businesses in East Lyme and tacked on more than a few restrictions.

An applicant wanting to open an adult establishment must apply for a special permit, and it can only be placed in light industrial zones. Additionally, adult establishments must be more than 900 feet from a residential area, school, church, hospital, library, licensed-care facility, public park or any other adult business. (more…)

Popularity: 1% [?]

Government opposes .xxx domains

Filed under: Adult Legal News, Adult News, Legal News — Tags: — JupaMan @ 5:50 PM

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ADULT entertainment companies seeking to operate internet red light districts would face resistance from the Rudd Labor government.

The government said it would oppose their creation when they become available under the global internet regulator’s new scheme to allow registration of generic top-level-domains (gTLDs).

The domain names, which would be created to accommodate adult content, are expected to be in high demand when the world’s internet names regulator, Internet Corporation for Assigned Names and Numbers (ICANN), starts accepting applications next February.

Each could net ICANN tens of millions of dollars and several Australian companies are believed to be among those which have expressed strong interest in registering them.

AusRegistry, which operates Australia’s peak domain registry for .au, has revealed that it has been approached by several entities planning to apply to register adult-themed gTLDs including, .xxx and .sex.

However, a spokeswoman for Communications Minister Stephen Conroy said the government was opposed to the creation of adult-themed domain names.

“The government does not support the creation of the .xxx TLD,” the spokeswoman said. She did not elaborate.

A previous attempt to create an internet red light district by a US registry operator, which sought to have .xxx ratified by ICANN, failed in 2006.

At the time, the plan faced criticism from churches and the adult entertainment industry who found themselves in a rare alliance on the issue.

Christian lobbies objected on grounds that the TLD would make pornography easier for children to access.

Adult entertainment groups were concerned that their constituents would be forced into a ghettoised sector of the internet that would be easy for governments to block.

They were also concerned that adult content web service providers would lose value built into their existing .com- and .net-based addresses.
(more…)

Popularity: 1% [?]

June 5, 2009

TheEroticReview.com Founder David Elms Arrested in California

Filed under: Adult Legal News, Adult News, Articles, Legal News — Tags: , — JupaMan @ 8:05 PM

–on the web

From www.phoenixnewtimes.com- The founder of the call-girl-finding Web site, www.theeroticreview.com, David Elms, has been arrested in California after two months on the lam from Maricopa County criminal charges.

Phoenix police say Elms:

…was arrested today south of San Diego while trying to cross the border from Mexico into the United States. It is believed Elms fled the United States and possibly went to Dubai, then tried to return to the United States through Mexico today when the Border Patrol arrested him. I am told he is currently in custody and en route to Torrance, California.

Elms is charged with trying to hire someone to injure a man (apparently a local competitor who also happens to be one of Elms’ biggest critics).

If commenters on our most recent post about Elms are to be believed, the sex-trade promoter continued to run his Web site while on the run — despite reports that he’d been ousted from his own company.

Vincent Bond of the U.S. Customs and Border Protection agency says Elms tried to walk through the Otay Mesa port of entry at about 2:20 p.m. on Monday. He presented a U.S. passport (June 1 happened to be the first day passports are technically required for re-entry to the States) and customs agents pegged him as a fugitive after running his name through their computers.

He’ll probably be extradited to Phoenix now, where it’ll sure be hotter for him than in Dubai.

*As posted on adultFYI.com

Popularity: 1% [?]

June 2, 2009

7 Accused of Using Craigslist for Prostitution

Filed under: Adult Legal News, Articles, Legal News — Tags: , — JupaMan @ 11:21 AM
Scott Rosenberg, right, and Josef Davenport, behind him, were arraigned on Wednesday on prostitution-related charges.

Scott Rosenberg, right, and Josef Davenport, behind him, were arraigned on Wednesday on prostitution-related charges.

By CHRISTINE HAUSER
Published: May 20, 2009

Seven people have been indicted on charges of running a prostitution business in Queens that found clients through Craigslist and falsified records to make payments for sex appear to be for clowns and balloons, the state attorney general’s office announced on Wednesday.
Five of the defendants were arraigned in State Supreme Court in Queens on a range of charges, from felony enterprise corruption and promoting prostitution to money laundering, said a statement from the attorney general, Andrew M. Cuomo. The other two were at large, an official in Mr. Cuomo’s office said.

According to the 47-count indictment, Scott Rosenberg, 45, of Massapequa, N.Y., and Josef Davenport, 31, of Brooklyn, are accused of promoting prostitution and other charges as owners and operators of the business, Room Service Entertainment, in Ozone Park.

The two men pleaded not guilty.

The company’s manager and booker, Patricia Krupa, 32, and two other bookers, Sylvia Soto, 29, and Joanna Mercado, 24, all from Brooklyn, pleaded not guilty to charges including enterprise corruption.

Mr. Rosenberg posted $100,000 bail and was released; the others did not post bail and remained in custody.

The two at large, Lina Vazquez, 24, and Barbara Morris, 48, were both bookers and both of Queens, the official said. If convicted of the most serious charges, Mr. Rosenberg faces a maximum sentence of 12 ½ to 25 years in prison, and the other six a maximum sentence of 8 1/3 to 25 years, Mr. Cuomo’s office said.

The business operated around the clock, with 16 prostitutes at a time, and 10 drivers to take them to meeting places, the indictment said. It posted ads in the erotic services section of Craigslist.

The attorney general’s office said it uncovered records from July 2007 through December 2008 indicating that Room Service Entertainment’s annual revenue was more than $200,000.

Mr. Cuomo’s statement said, “Until Craigslist gets serious about putting real protections in place, it will continue to be an environment where criminal operations thrive with impunity.”

Jim Buckmaster, the chief executive of Craigslist, said in an e-mail message in reply to a request for a response: “Misuse of Craigslist in connection with illicit activity is unacceptable, and we work closely with law enforcement to address it. It’s worth noting that the enforcement effort Attorney General Cuomo describes took place in 2008, well before Craigslist eliminated erotic services and commenced manual screening of all ads posted to adult services.”

Last week, Craigslist said it would close its erotic services category and replace it with an adult services category, which employees would review for signs of illegal activity.

*as posted on nytimes.com

Popularity: 1% [?]

June 1, 2009

Burlesque dancer sues after being called a porn star stripper

Tara Heffner, who performs as Veronica Varlow, is a burlesque performer but was labeled a porn star by Learning Annex. Read more: "Hey, it's burlesque! Dancer sues after being called a 'porn star stripper'"

The lady says she’s into burlesque – not porn.

A Brooklyn beauty who performs in panties and pasties is suing the Learning Annex after videos she did for the company were posted online identifying her as a “Young Sexy Porn Star Stripper Dancer” and a “Big T— Sexy Teen Girl.”

Tara Lee Heffner, whose stage name is Veronica Varlow, last year led a Learning Annex seminar on burlesque dancing. In videos for the company’s affiliate, OneMinuteU.com, she also provided advice on sultry dance moves and how to apply glitter lipstick.

When the videos surfaced on YouTube, the sexy siren was no longer simply dispensing tips on how to get “sparkly, burlesque lips” or “how to be sexy and flirty.” “She’s a burlesque performer and she takes it very seriously as an art form,” said her lawyer, Ivan Saperstein.

“She’s purposely avoided nudity her entire career to avoid being harmed in this way.” The Manhattan Supreme Court suit accuses the Learning Annex and contractor PHI Media of trashing her good name by connecting her to X-rated entertainment.

“She was outraged,” Saperstein said. “She views what she does as a burlesque performer as being no different than what the Victoria’s Secret models do.” The suit says the “porn star” and “sexy teen girl” tags have damaged Heffner’s business and caused her “great mental pain and anguish.”

“Defendants knew that the statements were false or otherwise failed to take the proper steps to ascertain their accuracy,” the suit says.

A Learning Annex spokeswoman did not respond to requests for comment. Heffner, 30, operates Danger Dame, an online clothing boutique that touts itself as “Deadly Fashion for the Femme Fatale.”

Its 1940’s and 50’s-inspired items include thigh-high stockings, garter panties and a $92 “Hell Hath No Fury” dress.

As Veronica Varlow, she has starred in shows where she prances around in high heels and feathers. She also appeared in an episode of MTV’s “Made,” in which she she taught an outcast teenager with pink hair how to dance burlesque.

“I want to tease an audience to death,” Varlow told Gothamist.com in 2006.

“I want to bring them into this sultry world and ruffle their hair a bit.”

*As posted in the http://www.nydailynews.com

Popularity: 1% [?]

March 13, 2009

no porn tax? how about a pole tax?

Filed under: Adult Legal News, Adult News, Articles, Legal News — Tags: , — JupaMan @ 5:31 AM

–on the web

Where do they come up with these morons?

[The Right Perspective]- Brooklyn Democrat assemblyman Felix Ortiz wants to give a whole new meaning to a “pole tax” after introducing a bill that would charge a US$10 tax on people who go into stripclubs.

Ortiz argues the tax could raise as much as US$500 million to fight human sex trafficking, sexual abuse, domestic abuse and child prostitution.

A similar law in Texas was struck down by state courts as unconstitutional.

*as posted on adultFYI.com

Popularity: 1% [?]

Ogden Confirmed as No. 2 at Justice, Vote was 65-28

Filed under: Adult Legal News, Adult News, Articles, Legal News — Tags: , — JupaMan @ 5:18 AM

–on the web

WASHINGTON (AP) — David Ogden was confirmed as deputy attorney general Thursday, overcoming opposition by Republicans who objected to his representation of defendants in pornography cases.

The vote in the Senate was 65-28.

“I felt it was a scurrilous attack on him,” said Sen. Patrick Leahy, D-Vt., the chairman of the Senate Judiciary Committee.

Leahy and other supporters argued that Ogden’s legal representation did not reflect his personal views, and they pointed out that Ogden has argued forcefully for protecting children from sexual abuse.

Nearly all the opposition came from Republicans.

Attorney General Eric Holder has been running the Justice Department without top aides, pending the confirmation of Ogden and other nominees.

Most of the debate on Ogden took place Wednesday.
(more…)

Popularity: 1% [?]

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