Coyotes Ugly

Coyotes Ugly
by Kathee Brewer
MILFORD, PA -- True to their word, Milford Township officials have begun the process of evaluating whether a gentlemen’s cabaret can continue to operate in their comfortable Philadelphia, PA, suburb.

On Wednesday night, a public meeting allowed area residents to share their thoughts about the town’s only adult-entertainment business, Coyotes Show Club. According to PhillyBurbs.com, more than 100 Milford residents and interested parties from neighboring cities turned out for the meeting.

Some consider the issue a moral one.

“We would like them all to go home,” Ken Dieterly reportedly said before the hearing began. “If they want to have a restaurant, we might patronize it, but not a strip club. We think strip clubs are morally bad.”

Gina Adornetto added, “I have children. I certainly wouldn't want my 15-year-old daughter, when she's of age, to get a job there, or her friends.”

Adornetto also said the club would leave a bad impression of Milford in the minds of visitors who encountered it along the Pennsylvania Turnpike at the outskirts of town. Other residents acknowledged the club was one way — if a less-than-optimal one from their perspectives — that the club’s owners could make a go of things in a location that hasn’t been hospitable to other types of businesses. A restaurant previously located at the site closed due to lack of interest.

Glen McGogney, the attorney for the cabaret, said those who oppose the club should know it has a top-notch security force, is kept “immaculately clean” and will not be a hotbed for illegal activity.

As might be expected, out-of-towners with their own agendas also attended the meeting. Six members of the King’s Men, an anti-pornography religious group, stood in the back of the room holding signs that made their feelings quite clear: “Protect Your Children Now — Fight Porn” one exhorted.

“We’re the community, and we think we set the standards when it comes to obscenity,” King’s Men President Mark Houck of Quakertown said. “We want to tell the township officials we don't want this in our community. When you bring in this kind of business, crime goes up, sexual deviancy goes up. We don’t want our kids to be exposed to it.”

If the township can’t run the club out of town completely, Houck said he hopes town fathers will at least install restrictions that would prohibit many of the popular activities at such venues — like lap dances.

Milford and Coyotes have been involved in a contentious feud about the club’s presence since it opened in mid-December. According to town officials, the club opened without a proper license and may be too near a public park to comply with the community’s zoning ordinances. In late December, the town obtained two restraining orders, one federal and one local, barring adult entertainment. Coyotes subsequently sued, claiming Milford’s zoning unconstitutionally restricts free speech. In early January, the two sides reached a compromise that allows Coyotes to continue operating while the township considers a zoning variance that would allow it to remain in open indefinitely. Under the terms of the compromise, a final decision must be reached by March 28th.

Although many area residents reportedly oppose Coyotes’ operation, some do not.

“It seems like a decent place,” Reggie Heffelfinger told PhillyBurbs.com. He and his wife visited the club and enjoyed the experience, he said. “[It’s] very clean; very professional. I don't see a problem with this.”

Coyotes’ owners reserved the right to return their dispute to court if the township doesn’t give them an answer they like.

Coyotes isn’t the only cabaret in the Philadelphia area to cause a public outcry. Nearby Wilkes-Barre and Gentleman’s Club 10 have waged an ugly four-year battle over similar issues. Under applicable law, municipalities must schedule a hearing on adult-entertainment matters within a specified number of days after an application is filed. Wilkes-Barre officials never scheduled a hearing for Gentleman’s Club 10, according to court records, so the cabaret called for automatic approval of its business license, as was its option under the law. The city balked, and the matter ended up in court, where Gentleman’s Club 10 prevailed in 2006.

But that’s not the end of the story. Since then, the town has tried to squeeze Gentleman’s Club 10 out with zealous enforcement of a new “decency law” that requires all dancers to be at least 20 feet from patrons and bans touching.

“You can’t outlaw these places, but you can control and regulate the conduct that’s in there to the point where it is not desirable to do business here,” Wilkes-Barre’s attorney, Bruce Phillips, told PhillyBurbs.com

Gentleman’s Club 10 claims it is not subject to the decency law, because it was operating before the law was passed.

“We told them we don’t recognize this,” club owner Sal Scalzo responded. “They did this post-permitting... All they’ve done is create a monopoly for us.”

The county reportedly will tackle the issue later this year.

Coopersburg has been fighting both a cabaret and a swingers club. It managed to close the swingers club in exchange for dropping a mountain of fines levied against the owners, but borough officials continue to battle Silhouette Showbar over nude dancing.

After the Coyotes situation erupted in Milford, Quakertown rushed to draft ordinances restricting adult entertainment before any venues sneaked inside its borders.

“The common purveying of sexually intonated entertainment is not good for the fabric of the local community or America,” Quakertown Council President Jim Roberts told PhillyBurbs.com

KSEX Halts Internet Broadcasting Indefinitely

Station sunk by financial woes, owner said.

By Justin Bourne

Posted: 12:42 PM PST Feb 05, 2008
CHATSWORTH, Calif. - Internet-based radio and TV station KSEX closed its doors Monday, possibly for good.

According to owner Jon Belinkie, the station struggled financially over the past 22 months.

"I believe KSEX had been hurting monetarily since the death of its founder, Mick Rick, which was long before my involvement," Belinkie told AVN Online. "The constant battles with staff, on-air personalities and slow- to non-paying sponsors and advertisers hemorrhaged enough money to cripple the station, and I'm done."

A deal for Vavoom Media Group to acquire KSEX fell apart on the eve of finalization, and the station's partnership with Rude.com proved volatile after Rude's $20,000 giveaway on KSEX in December 2007 collapsed into chaos.

"There have been a number of strategic partnerships discussed over recent months with a variety or players - both individual and corporate - to keep KSEX alive, but timing is of the essence," Belinkie said.

Belinkie said offers to buy KSEX are being entertained, but the sum of the station's parts may be worth more than the whole.

"I continue to believe KSEX is a tremendous business opportunity due to its unique industry niche position," he said, "but the reality exists that KSEX might be carved up and sold off."

Dan Leal, aka Porno Dan, formerly KSEX's sales director and a show host, agreed.

"Unfortunately, between the potential sale of the domain names, say with Moniker, and the distribution of content, et cetera, KSEX is probably worth a lot more being split up and sold off in sections," Leal told AVN Online. "It's a shame, and we will all have to wait to see what happens."

Belinkie said he takes "full responsibility for some of the choices that I could have made differently."

"I regret also the fact that KSEX was unable to achieve its full potential during these last two years," he said. "The time lost was hard to recover. Nevertheless, I still believe it can be a great company and has a unique place in the industry."

Belinkie said his first eight months at KSEX consisted of being part of a company that went out of business.

"It took time to get control of KSEX and get in the driver's seat," he said. "The next five months were consumed by differences of opinion between Wayne C. Lewis, aka Wankus, and myself, as to how the business should be run."

Lewis was unavailable for comment Tuesday.

Following Lewis' exit from KSEX in May 2007, Joe Brandi was brought on as vice president, with the aid of Program Director Lorrainiac, Brandi's longtime friend. After seven months, Brandi resigned in an on-air phone call during Lorrainiac's show.

"People sometimes have different ideas about the paths a company should take, and I finally arrived at a decision that it just wasn't a good fit," Brandi told AVN Online. "KSEX owner Jon Belinkie and I just had too many issues that we did not agree with, in respects to people and business operations."

Belinkie said he hopes KSEX's doors won't be closed for good.

"It would be a tremendous shame if [that] were to happen," he said. "KSEX is on the edge of a cliff. If it's going to live, someone needs to step up fast."

New Jersey Passing Zoning Laws to Shut Down/Regulate Adult Businesses

--NY Times

New Jersey- AS a woman in a bikini top and sweat pants walked to her car in 30-degree weather from the Stiletto nude-dancing club this month, little more than the weeds and warehouses in the shadow of the Meadowlands Sports Complex were within viewing distance.

Such isolation for a club like Stiletto is exactly what the Borough of Carlstadt wants, as its zoning laws specify that sexually oriented businesses are permitted to operate only in this industrial part of town.

An adult video store on Washington Avenue called Video Extra, with lingerie-clad mannequins in the windows, is a different story. The borough is suing to have that store, which sits next to a shoe shop and across from a popular Italian restaurant, shuttered on the grounds that it is in an area not zoned for that type of business, officials said.

Across the state more than a dozen towns have passed zoning laws to regulate sexually oriented businesses, as Carlstadt has done, according to the New Jersey State League of Municipalities. Like Carlstadt, a Bergen County borough of 6,000, many have faced challenges.

“The attempt to regulate these businesses has gone on for a very long time,” said Deborah M. Kole, a lawyer for the municipalities organization.

It is unconstitutional to completely ban sexually oriented businesses, said William J. Roseman, the Carlstadt mayor, so municipal zoning laws are “the only way we can control adult entertainment establishments from running profligate within our community.”

He said the zoning restrictions had been a success, reducing the number of sexually oriented businesses in the borough to two from six and contributing to a decline in the number of people arrested for prostitution and being drunk and disorderly.

Daniel R. Aaronson, a First Amendment lawyer based in West Palm Beach, Fla., who represents the club Hott 22 in a lawsuit against Union Township, said that the zoning laws make it so difficult for sexually oriented businesses to operate that they have the effect of keeping them out of business.

“They target these specific businesses, and that’s unconstitutional,” he said.

Last summer, East Rutherford officials made public plans to zone an industrial area near the Meadowlands for sexually oriented businesses to keep them away from schools, houses of worship and residential neighborhoods. There are no sexually oriented businesses in East Rutherford today, nor do any have imminent plans to move in, but should that change the borough will be ready, Councilman Jeffrey Lahullier said.

“If we don’t have that zoning ordinance on the book, we have no power to stop them,” he said.

Bloomingdale, in Passaic County, has taken similar pre-emptive action. The borough, which officials say has no sexually oriented businesses, passed zoning laws like Carlstadt’s last year to control them should they come to town.

“We were just trying to keep ourselves up to date on stuff,” Mayor William R. Steenstra said.

In Cherry Hill, the fight to limit sexually oriented businesses has moved into the realm of state government, where two bills introduced by Assemblywoman Pamela R. Lampitt, whose district includes Cherry Hill, have been heard in committee.

Ms. Lampitt said she introduced the bills, which would require sexually oriented businesses to post security guards to keep out minors and to notify neighborhoods of their intent to move in, after her neighbors in the Barclay Farm area expressed anxiety over an adult bookstore they said was set to open next to the neighborhood.

“It was reactionary, to be honest,” Ms. Lampitt said. “It’s not something that unless a problem arises do we think, ‘What do we need to do to fix things?’ ”

Last year the township created a district in an industrial zone in which sexually oriented businesses could operate, said Dan Keashen, a spokesman for Mayor Bernie Platt. One adult bookstore had operated in town but closed recently, and there is no word on the store that was rumored to be opening near the Barclay Farm neighborhood, officials said.

Jeff Levy, the executive director of the New Jersey Adult Cabaret Association, which represents 180 so-called exotic dancing clubs, said he resented sexually oriented businesses being banished to the corners of towns but agreed that they do not belong near schools or houses of worship.

Permitting exotic dancing clubs in specified districts is preferable to the litigation that often accompanies efforts to open them in other parts of towns, he said.

Adam Orecchio, manager of Stiletto in Carlstadt, said that since the club —which does not sell alcohol — opened in 1996, there had been no complaints from borough officials or neighboring businesses.

“We do well here,” he said. “And we’ve never heard anything from anybody in town.”

The decision to create a district for sexually oriented businesses in Carlstadt in the late 1990s was made for financial reasons, Mayor Roseman said, after a chain restaurant said it would not open in the borough because it would have to do business near a strip club that has since closed.

“The owner said to me, ‘How do I run a family restaurant when there’s a sign next door’ ” advertising sexually themed entertainment? Mr. Roseman said.

The mayor said the Video Extra store was still a headache for the borough. One Bergen County judge ordered it closed because it violated zoning laws, but another judge ruled that it could reopen, he said.

It remains too soon to gauge the effects the zoning laws may have on the towns and their sexually oriented businesses, said Mr. Levy, the cabaret association official.

“I think you will have to look back 10 years from now and say: ‘Did it work? Did we create something positive?’ ” he said. “I don’t know.”

All Memphis Sex Workers Must be Licensed

by Kathee Brewer

MEMPHIS, TN -- An ordinance that took effect January 1st requires workers at adult-oriented businesses and the owners of those businesses to be licensed annually before they’re allowed to work in Shelby County.

Bartenders, waitresses, dancers, bouncers, store clerks, movie-theater employees, and others at the county’s more than two dozen adult establishments must undergo criminal background checks and complete county license applications or change careers.

The documentation required to be submitted with a license application is similar to that required under 18 USC §2257: a certified copy of a birth certificate, multiple current photographs, a government-issued identification document (driver’s license, military ID or passport, for example) and a Social Security number. The fee for an initial employee license is $198; renewals cost a minimum of $113.

Background checks will be conducted by sheriff’s deputies and the Tennessee Bureau of Investigation. A history of prostitution, rape (including statutory rape), sexual battery, public indecency, pandering, sale or distribution of obscene materials, or other illegal activities can keep a worker or business owner from being licensed by the five-member Shelby County Adult Oriented Establishment Board.

The board’s members include a doctor, a former county employee, a local businessman, a consultant, and a former criminal-court judge.

Although the new ordinance is somewhat controversial, County Commissioner Wyatt Bunker told the city’s Fox television affiliate, WHBQ- Channel 13, “I think the county has…really stepped up to the plate” with the new rules.

Dic Tracy Quits KSEX

--press release

Dic Tracy announced this afternoon that he was also leaving KSEX.

"It was a pleasure working at KSEX but I have decided to move on and will be joining TANC TV with a weekly TV and radio show," said ClubJenna director Tracy. "I like to thank KSEX for allowing me the opportunity to have a show but it is time to move on to bigger and better things."

Tracy's show, Dic Tracy's Casting Couch" was on KSEX every Tues. at 4-6 pm, but due to new scheduling and management changes he decided that this was not the platform for him any longer.

"I am very excited to be working at TANC and look forward to not only the weekly TV show but the radio show as well. We have alot planned at TANC and 2008 is going to be an amazing year" said Tracy.

You can check out Dic Tracy's new show on www.TANCTV.com

Heather Pink and Powder leave KSEX

--press release

Porn Valley – Adult Performer Heather Pink and LeMayzing Pictures Office Manager Powder have announced their resignation as on air hosts for KSEX.com effective today.

"Heather and I both feel it is the right time to move on from KSEX. We are both are incredibly grateful to the fans and the other hosts at KSEX who supported us over the last year." said Powder.

He added, "I've been around KSEX for almost six years. I went from just being a fan, to working as a technician, to becoming an on air host. If it hadn't been for people like Wankus, Kylie Ireland and LorrAINIAC opening the door, I would have never had a chance to become a part of the adult industry. I'm eternally grateful for the opportunity they gave me."

When asked about the future of Heather Pink and Powder's show, "Pinky and The Geek", Powder responded, "The show is going to continue on in one form or another. Heather and I have been contacted over the last few months by several Internet companies that are interested in broadcasting Pinky and The Geek on their respective websites.

Also, Martin and Steele of the Internet radio show "From The Ville" (www.fromtheville.com ) have been helping Heather and I make new business contacts as well".

Heather Pink states, "The fans have been the backbone of our show and we want to make sure that what ever decision we make, is the best for not only ourselves but for the listening audience too".

For updates on Pinky and The Geek, visit the show on Myspace.com at www.myspace.com/pinkygeek


For weekly updates on Heather Pink, visit her official website at http://www.clubheatherpink.com


To book Heather Pink, contact Foxxxmodeling at foxxxmodeling.com or by phone at (818) 884-0847

Jersey Love Shack Loses video-room license Because of Man-Love

--Burlington County Times

BURLINGTON CITY, NJ — Police say an adult novelty store on Route 130 is a meeting place for men who gather to have sex in private video viewing rooms.

At a City Council meeting Tuesday, Lt. Dave Ekelburg showed photographs of the viewing rooms at Love Shack, where the floors were littered with condoms. The photographs were taken by officers during a recent undercover investigation.

Despite pleading from the lawyer for Love Shack, the City Council unanimously voted to revoke the automatic amusement device license from the store. The license permits Love Shack to offer coin-operated private viewing booths.

Ekelburg said the city can revoke a license if a business fails to maintain “good and safe conduct on the premises.”

The move does not put Love Shack out of business, Ekelburg said. It just prohibits the store from operating video rooms.

Hal Haveson, a lawyer representing the business, said it was unfair to revoke the license on the basis of observations by police on one day.

He said the council should have notified Love Shack management, and given the business time to make changes.

Ekelburg said the store is divided into two sections separated by a beaded curtain.

In one section, the store sells magazines, films and novelty items. The other section has a row of 10 viewing booths where customers go to watch videos. The booths all have doors that can be locked, and only one person is supposed to enter at a time.

During the undercover investigation Nov. 29, Ekelburg said individuals solicited police officers to have sex and performed lewd acts in view of the officers.

Haveson said the business owner and property owner were not aware of the sexual activities at Love Shack. When they were notified by police, he said, the business owner voluntarily removed the doors from all video booths.

Haveson said the owner planned to install cameras in the hallway, and would instruct the manager to conduct frequent sweeps of the building.

Haveson said this is the first time Love Shack has been in trouble with the law.

As a result of the undercover investigation, five customers were arrested separately on lewdness charges. In addition, store owner Michael Savage of Yardley, Pa., and store manager Danny Phillips of Cinnaminson were charged with maintaining a nuisance, inappropriate operation of a sexually oriented business and various health-code violations, police said.

Frank Koretsky, owner of the building, was also charged with maintaining a nuisance.

Officers seized $3,148 in cash from the store suspected to have been generated as a result of the illegal operations.

Strippers go to court to fight law

Hey Perves,

Can somebody please tell me what the fuck is going on with this crazy ass goverment? It's coming to a point that adults won't be allowed to do anything fun on our own; it will all be moderated by our parents the goverment.
Read below and please let me know your thoughts on this issue.


Posted by Damian G. Guevara November 16, 2007 12:43PM

A federal court hearing began Friday to determine if Ohio's law that bans strippers from touching patrons and restricts business hours for adult-oriented businesses is constitutional.

Lawyers representing adult entertainment clubs and bookstores told a federal judge today that the law, which was passed in May, violates free speech and expression. They also said the law should be voided because it is too vague.

A lawyer for the state and cities that must enforce the law said appellate courts have upheld the constitutionality of similar laws around the country. U.S. District Judge Solomon Oliver Jr. is hearing the arguments, which are expected to continue next week.

A Cincinnati-based group that pushed for the law -- Citizens for Community Values -- has said the statute will curb crime and blight in the neighborhoods where adult entertainment businesses operate.

However, Daniel Linz, a social psychologist from the University of California at Santa Barbara testified that studies backing the claim that crime and strip clubs go hand in hand are scientifically unsound and that there is no correlation between crime rates and adult businesses.

Scott D. Bergthold, a lawyer for the defendants, questioned Linz's credibility by asking if he had a background in criminology.

Amy Fisher's Copyright Infringement Suit

--on the web

NEW YORK - [Peter Warren writes on avn.com]- Red Light District and owner David Joseph have been served with a lawsuit filed by Amy Fisher in U.S. District Court seeking compensation for alleged copyright infringement, emotional distress and other damages resulting from the promotion of and intent to sell a sex video made by Fisher and her then-husband, Louis Bellera.

The complaint charges Joseph and RLD Distribution with entering into an agreement in or about August 2007 with Bellera "for the sale, distribution and/or exploitation" of the video, even though, as it states, "RLD expressly and explicitly knew, at the time of entering into agreement with Bellera, that Bellera alone could not grant RLD any license or right to distribute and/or exploit the [video] in any manner or respect without the written consent of the Plaintiff. Bellera and RLD entered into said agreement without the prior knowledge or consent of Plaintiff."

2257 is UNCONSTITUTIONAL!!!!!!!

Free Speech Coalition sends this- Cleveland, OH - On Tuesday, October 23rd the United States Court of Appeals for the 6th Circuit issued its decision in the case of Connection Distributing Company v Keisler striking down 2257 as unconstitutional on its face.

Each of the three judges on the panel determined that 2257’s burdens are not sufficient in the Government’s interest of combating child pornography. This reasoning applies across the board and is not restricted to the contents of swingers’ magazines as represented by the specific parties.

This decision clearly holds for the 6th circuit (Michigan, Ohio, Kentucky and Tennessee) that 2257 is unconstitutional unless and until 2257 is dramatically rewritten by Congress. Continued litigation is likely in states outside the 6th Circuit.

“This is one of the arguments that FSC has been asserting all along and that we will continue to carry if necessary,” said Reed Lee, FSC board member and Chair of FSC’s Legal Committee. Lee pointed out that the Government has options and will most likely reveal its intentions within the next two weeks.

Within the next few days, FSC will provide a more detailed analysis of the decision, the FSC legal team’s responses to “Frequently Asked Questions,” and an outline of possible next step scenarios. In the meantime, FSC, acting in its role as the industry trade association, will continue to keep members informed about this and other important developments affecting the industry nationally.

FreeSpeechCoalition.com

You can buy a gun in Alabama but you can’t buy a vibrator.

--on the web

Alabama- [lagniappemobile.com]- It’s official. You can buy a gun in Alabama but you can’t buy a vibrator.

After nine years of arguing the constitutionality of the law, the state ban on the selling of sex toys will finally go into effect. On Oct. 1, the U.S. Supreme Court refused to hear adult-oriented retailer, Sherri Williams’ challenge to the law, thus ending the battle and allowing state law enforcement officers to soon begin making arrests.

The ban is a part of the Anti-Obscenity Enforcement Act, which was originally passed in 1998 in an effort to end nude dancing in parts of Madison County, not to ban sex toys. The act states that the distribution or production of "any device designed or marketed as useful for the stimulation of human genital organs" is prohibited in Alabama.

Once the injunction that has delayed enforcement of the ban has been lifted by Alabama’s Attorney General’s office, violators will face up to a year in prison and a fine of less than $10,000.

Georgia, Texas, Mississippi, Tennessee, Nebraska, Virginia and Utah all have similar bans.

There are a few exemptions to the Alabama law, however. Devices can still be sold if they have "bona fide medical, scientific, educational, legislative, judicial or law enforcement purposes." Law enforcement purposes?

It is these exemptions that will allow for many sexual devices to still be sold.

The owner of a local adult-oriented toy-store, who has been advised by her attorney not to use her name, has been expecting the outcome to be less-than-favorable ever since Williams first went to court. She began making changes to her shop about a year-and-a-half ago, so customers would still be comfortable shopping there were the law to be enacted.

"We didn’t want our customers to think we had to shut down. We wanted them to know we have alternatives. We’re still here and will be there at the last stand," she said. "Until they make us close our doors, we won’t."

These changes involved getting rid of some questionable items, which really turned out to be an issue of aesthetics, not of the actual use of the device. Anything that was marketed on the packaging as a sexual device, or anything that looked, well, real, had to go. When she began the process of making the changes, she sent back $38,000 worth of merchandise to the manufacturers just from the top floor of the store alone.

Although possession of such devices is still legal, the new law will also affect Internet sales and private parties. So if a woman wants a battery-operated friend that actually resembles her husband, she will have to drive to Florida or Louisiana.

According to another local distributor who also prefers to remain anonymous, the new law is only going to bring tax money into surrounding states that don’t have the ban.

"Like the lottery, it’s a moral issue and a religious issue. Everybody’s still doing it, but the money is going elsewhere," she said.

She also added that the law is part of the Anti-Obscenity act, but questioned what is really obscene about it. Everything she sells is sold to adults for the privacy of the home, she said.

"What I do is very pro-marriage and pro-relationship. It’s also pro-women and empowering for women," she said. She plans to continue with her business, selling lingerie, lotions and risqué adult party favors for bachelorette parties. For other items, she will now require her customers to sign a release stating that what they are buying is for medical or educational purposes.

Both retailers agree it is the broadness and ambiguity of the law that makes it unclear as to what can and can’t be sold, as the term sex toy really doesn’t have a clear-cut definition.

"We hired attorneys to come in and look, but even they don’t know what’s legal and what’s not," the storeowner said. "It’s like telling somebody not to run a red light when they’ve never even seen a red light."

Part of owning the store is acting as a sexual health educator. The owner advocates a variety of books and reading materials. However, the new law will prevent her from actually being able to talk about certain things with her customers.

"The store is designed and set up so that in the privacy of your own bedroom you can do what you want to do. But now we can’t legally tell you how to do it, or what not to do," she said. "The state has tied my lips and made me unable to educate my customers. Sexual education is going to become almost criminal."

As a state that is already low on educational standards, it does not bode well with her that another aspect will be even more diminished. She mentioned that most people do not learn about sex in schools or from their parents. They most likely learn about it from someone who is not very well informed. This is the storeowner’s main concern with the new law, as she believes it is part of her job is to help such people.

"I don’t believe sales will suffer. They haven’t so far. People will still have sex," she said, adding that advocates of the law have made claims it won’t affect anyone but the ones selling the items.

The average age of her customers is from 30-45 and is pretty much an equal male-to-female ratio. But the mix of people is significant, in terms of occupation and status. These people will be affected simply by the fact that open discussion of what they are buying will no longer be allowed.

"We’re going to break $1 million in sales this year," the storeowner said, adding, "What does that say about the want or need for the store?"

The fight is still not over. Sherri Williams [pictured] is planning on going to court once again, this time with the argument based on First Amendment rights. Anyone interested in her lawsuit can see more at www.gopetition.com/petitions/say-no-to-alabamas-sex-toy-ban.html.

Deadline arrives for swingers’ parties

SCHENECTADY — The deadline for a bed and breakfast owner to halt his after-hours sex parties is this week, but neither the owner or the city will say where the case is headed.

City officials sent a letter in June to Union Street Bed and Breakfast owner Bob Alexson saying the sex parties at 1362 Union St. would not be allowed after this week. After that he would be in violation of zoning law.

The city is alleging the parties Alexson throws are an adult entertainment business that can’t be located in that area.

Alexson has said the parties are part of his private life and not part of his business. He said he hosts private swingers’ parties in which adults can engage in various fantasies, but his paid business is providing housing for regular business travelers.

Protesting neighbors brought the existence of the parties to the city’s attention last year. The City Council in turn amended its adult entertainment ordinance in such a way that the parties would be included under the law. Adult entertainment is only allowed in the city’s industrial zones.

Alexson could have applied to the Zoning Board of Appeals for a temporary waiver to keep the parties going at that location. But no such application has been filed.

If Alexson doesn’t comply with this week’s mandate, the city could try to prosecute him criminally or seek a civil judgment that would require him to discontinue the parties.

City Corporation Counsel L. John VanNorden said he would not comment on the city’s next move.

When reached by phone, Alexson said he would not discuss the case either, referring any comment to his lawyer, Stephen Coffey. Coffey did not return repeated calls for comment.

Porn Set Free: Age Record Keeping Deemed Unconstitutional

Creators of porn websites have been set free of onerous confirmation of age record keeping laws, after the Unites States Court of Appeals found that the law requiring the keeping of these records was unconstitutional.

Previously, porn websites hosted in the United States had to keep records confirming that all performers shown on their sites were of a legal age. More recently there has been some suggestion that these requirements would be extended to all sites showing porn, potentially destroying sites such as YouPorn.com and Pornotube.com (both NSFW) who rely on user generated content and therefore would not have access to records.

A majority ruling of the Appeals Court found that “the purpose, and the legislative history of the statute make clear that Congress was concerned with all child pornography and considered record keeping important in battling all of it, without respect to the creator’s motivation” in that it impedes free speech rights.

Law.com notes that “the decision is a significant First Amendment ruling that directly implicates the controversial subjects of legal adult pornography and illegal child pornography.” For anyone in a Web 2.0 related porn business, it’s simply a sign that they have a future.

FBI Clarifies 2257 Inspection Issues

Lead inspector said there will be no inspections of secondary producers until the recently proposed revised regulations are finalized.

By Q Boyer

Tuesday, Oct 2, 2007

LOS ANGELES — The FBI has not purposefully inspected any secondary producers to date, and will not start inspections of secondary producers until proposed revisions to the 2257 record-keeping regulations have been finalized, according to the agent in charge of the FBI’s 2257 inspection effort.

“We do not inspect secondary producers,” Special Agent Chuck Joyner told XBIZ. “On a few inspections, we determined the company was a primary producer for the majority of the products we reviewed. However, some of the products reviewed were produced by a separate company and the company inspected was the secondary producer or distributor. In those instances, we did not review any records for products determined to be produced by another company.”

Following the revelation that the FBI had inspected five Florida-based producers last month, some speculated that one or more of the producers inspected had been a secondary producer. This speculation was based in part on a paraphrasing of an unidentified producer who allegedly told the inspection team that he had not kept any records prior to 2005.

Joyner told XBIZ, however, that the FBI would not undertake any inspections of secondary producers until the revised regulations are in effect.

“Until any new regulations become law, they do not exist for our purposes,” Joyner said. “So, no, there will not be any inspections of secondary producers unless the law changes. Any proposed revisions are irrelevant until they become law.”

Asked what the most serious form of violation the FBI has documented to date was, Joyner said that one producer inspected “had absolutely no records for the products we reviewed.”

Joyner said that it was difficult to say which producer had exhibited the largest total number of violations to date, because that number “depends on how the Justice Department or the U.S. Attorney’s Office wants to categorize and charge violations.”

“Conceivably, every missing identification record could be considered a violation,” Joyner said. “Therefore, for example, if 200 performers were identified as engaging in sexually explicit conduct in 10 videos reviewed, it could be as many as 200 violations.”

Ultimately, Joyner said, it’s not up to the FBI to determine what and how many charges might stem from their inspections.

“The FBI conducts an inspection, very similar to an audit, and provides the results to the DOJ and USAO,” Joyner said. “Prosecutive decisions are made by those two entities.”

Joyner said that to date, 29 inspections have been conducted and 25 of the 29 producers inspected had violations of some kind.

“Of those 25, two were re-inspected and had unresolved violations,” Joyner said. “Five of the most recent inspections still require follow-up, but it is expected at least one of those will have unresolved violations.”

Joyner said that the remaining four producers inspected so far “were in complete compliance at the time of inspection.”

“Interestingly, the size of the companies in complete compliance ranged from one of the largest to one of the smallest in the industry,” Joyner said.

Joyner declined to provide specifics concerning the inspection team’s budget or the amount of money allocated annually for 2257 inspections, stating only that “at the present, budget constraints are not a factor in the frequency of inspections.”

Ray Guhn Due Back in Court

--Gene Ross/on the web

Florida - Clinton Raymond McCowen, aka Ray Guhn, is due back in court October 16 for a hearing in which Circuit Court Judge Ron Swanson will determine whether a national community standard prevails in his case.

Gunn's attoneys will argue at that time for national standards over local ones, stating that they're appropriate because of the global nature of the Internet

Last month Swanson ruled on Gunn's potentially precedent-setting pornography case, stating that it will remain in Santa Rosa County.

Swanson had denied a defense motion to change venue in McCowen's case. Prosecutors said it was run out of McCowen's Navarre home.

At the time, defense attorneys sought to move the proceedings to Escambia County.

"I keep going back to the statute that says this is a discretionary decision made by the state," Swanson said during discussions with attorneys.

"It seems to me it's pretty simple. The state gets to make the choice (according to the statute) if the offenses happen in two or more counties."

Swanson said the law only allows a judge to change the trial location if the state's choice was influenced by an improper motive or if the venue the state selects somehow violates the defendant's right to due process. Neither of those was true in this case, he said.

McCowen, Andrew Kevin Craft of Pace, Kevin Patrick Stevens of Pensacola, William Lee Beach of Milton, Jane Marie Dreka of Lillian, Ala., and Thomas W. Dwyer of Pensacola are accused of producing obscene videos, which Internet users could pay to view online.

They face two charges each of racketeering — conducting a criminal enterprise by engaging in prostitution, and by manufacturing and selling obscene material. McCowen also faces money laundering charges.

Attorneys have called the case a "case of first impression," meaning there are no similar cases in history to look to for guidance.

The outcome could be precedent-setting.

The state maintains that the videos were shot at various locations in Santa Rosa and Escambia counties, including public places like Interstate 110. The state also says the money laundering occurred in Okaloosa and Santa Rosa counties.

Assistant State Attorney Russ Edgar said while charges originally were filed in Escambia in 2006, the case was moved to Santa Rosa to best address all charges with one proceeding. The original charges were filed before the evidence of money laundering was discovered, he said.

"We believe the most serious charge in this case is the money laundering charge. ... That occurred in Okaloosa and Santa Rosa counties," Edgar said. "The money laundering, in my opinion, had to be heard in either Okaloosa or Santa Rosa. The manufacturing of obscene materials had to either be in Escambia or Santa Rosa."

Defense attorneys had sought to have the trial moved back to Pensacola.

"The substance of this case was originally filed over a year ago in Escambia County," said McCowen's attorney, Jerome Mooney. "We're being hurt ... because we've been working for a year in preparation for one community and suddenly we find ourselves being thrust into another community. These communities, these counties, may be next door to each other, but they are substantially different."

Adult zones for St. Augustine still on hold

By KATI BEXLEY, St. Augustine Record

The St. Augustine City Commission quashed a proposed location ordinance Monday for adult entertainment and created yet another measure allowing the businesses along U.S. 1 and Ponce de Leon Boulevard throughout the entire city.

This is the commission's fourth attempt to define where adult entertainment can locate in the city. The other three plans have met with heated criticism from the public.

The latest measure would allow adult entertainment in commercial zoning on U.S. 1, which also becomes Ponce de Leon Boulevard in parts of the city.

That includes several parcels of land, and Commissioner Don Crichlow was the only commissioner opposed to the ordinance.

"The courts say you only need one zone (for adult entertainment). I see absolutely no reason to create more of these zones than we have to," Crichlow said. "Why in the heck create three, four zones when we only need one. We have to do what is best for the city."

Commissioner George Gardner strongly disagreed.

"Having a single zone creates a Red Light District," he said. "That clustering is what scares the hell out of me."

Commissioner Susan Burk muddied the waters by saying she agreed with both of them. Burk did not elaborate further.

Some of the public who spoke at the meeting echoed Burk. Others wanted the businesses contained to one area, but most liked dispersing it along U.S. 1.

The commission nixed an ordinance Monday that had three clusters of property along West King Street, Ponce de Leon Boulevard and South Dixie Highway. Roughly 80 people came to City Hall, with the vast majority against having adult entertainment 350 feet away from a St. Joseph's Academy high school on South Dixie Highway.

Previously, the city did not have regulations for adult entertainment, and the businesses could have located anywhere in St. Augustine. The city commission hopes this ordinance will prevent that.

The new ordinance was passed on first reading, just as three other measures have been. The public has not liked any of the proposed plans, yet, but Mayor Joe Boles is remaining patient.

"We just need to fine tune (the ordinance) in a way we can all live with," he said.

X-Rated District On Hold Again

ST. AUGUSTINE, FL — The idea of an x-rated district in St. Augustine is back on hold once again. The city’s commission has been looking at limiting adult entertainment businesses to a specific area — for months now. They originally wanted to set up the zone off State Road 312.

On Monday night, they considered expanding that zone to three separate sites. They would include the original one on Ponce de Leon as well as areas along South Dixie Highway and West King Street. However, the commission decided not to vote.

The issue’s been tabled every time it comes up. Now, commissioners want to look at yet another option. This time, they’re looking at placing the adult district along US-1. That’s expected to be discussed at the next meeting.

Federal judge rejects Internet porn law

A federal judge has rejected a state law that restricts the dissemination of sexually oriented material over the Internet.

The law prohibits people from sending communications that are harmful to minors over the Internet if the sender knows or should know that the recipient is a minor.

In his ruling Tuesday, U.S. District Court Judge Walter Rice said the law violates the First Amendment because it was too broadly written and could have ensnared adults having sexually frank discussions with other adults in chat rooms. In those cases, there is no way to ensure that minors are not part of the conversation, Rice said.

The judge also said the law violated the First Amendment by failing to target only people who intended to disseminate sexually oriented material to children with the intent to lure them into sexual activity.

Rice’s ruling came in a lawsuit filed in 2002 by organizations representing booksellers, book publishers, music and video retailers and newspapers.

‘’While we should have adequate legal safeguards to shield children from objectionable content, those safeguards cannot unreasonably interfere with the rights of adults to have access to materials that are legal for them,'’ said David Horowitz, executive director of Media Coalition, a trade association that coordinated the lawsuit.

The state is reviewing the decision and considering its options, Ted Hart, spokesman for Ohio Attorney General Marc Dann, said Wednesday.

He declined further comment.

FBI Confirms 2257 Inspections in Fla. Last Week

By Q Boyer from XBiz.com

MIAMI, Fla. — The FBI’s 2257 inspection team conducted five inspections of Florida-based producers last week, all of which resulted in violations, XBIZ has learned. Special Agent Chuck Joyner, the head of the FBI’s inspection team, confirmed to XBIZ via email that the inspection team flew to Miami on Sept. 16, and conducted the inspections over the course of that week.

Joyner told XBIZ that all five inspections resulted in violations, but at this time the FBI has no evidence of any minors being included in the content. Joyner said that one producer admitted that he did not keep any photo identification records prior to 2005, and a second producer failed to produce any photo identification records at the time of his inspection.

XBIZ has confirmed that one of the producers inspected was CandidCam.com. Other media reports indicated that VoyeurDorm.com had been inspected, but Mark Dolan, who represents both companies and was present for the inspection in question, told XBIZ that the inspection was of records maintained by CandidCam, not VoyeurDorm.

“The agents were very polite, cordial and thorough,” Dolan said, adding that the inspection took about three to four hours for agents to complete.

Dolan told XBIZ that while the inspection team did identify a few violations, all of the violations were minor. Dolan said that other violations included the need to change the address for the custodian of records for the company, as some material had an old address, and that the FBI requested that the dates of production be included on the company’s DVDs so that the address displayed when the disc was played. Dolan said that the DVD boxes did have the date of production listed.

Another violation involved having too much data with the records for a given title, Dolan said. In that instance, records for performers who had nonsex roles in the video were included in the records for the performers who did engage in sexually explicit conduct. Curing that violation involved merely removing the records for the nonsex performers, Dolan said.

“All things considered, I thought the inspection went very well,” Dolan said.

Joyner was traveling and not immediately available for follow-up questions, and could not be reached to confirm the information provided by Dolan.

NY Town Declares Moratorium on Adult Businesses

By Eddie Adams

Posted: 12:10 PM PST Sep 18, 2007

CHEEKTOWAGA, N.Y. - The Cheektowaga Town Board has unanimously voted to impose a 90-day moratorium on permits or approvals for all prospective adult-oriented businesses. During that period, the board has granted itself the right to “modify or vary” any elements of the existing adult ordinance.

“Current regulations for adult-use establishments are out of date and probably do not protect the health, safety and general welfare of town residents,” board supervisor James J. Jankowiak told the Buffalo News.

While the moratorium is in effect, town officials will look into issues such as how close to community areas (i.e. schools and churches), prospective adult businesses are able to locate. Currently, the distance is 500 feet, but several officials think it should be increased to 1,500 feet. “It’s under discussion now, and we will be coming back with an amendment that will be more compatible with family uses,” council member Thomas M. Johnson, told the Buffalo News.

Change of Venue Denied in Precedent-Setting Ray Guhn Porn Case

--pn the web

Florida- [Pensacola News Journal]- A potentially precedent-setting pornography case will remain in Santa Rosa County, Circuit Court Judge Ron Swanson decided Monday.

Swanson denied a defense motion to change venue in the case of an alleged Internet porn ring prosecutors say was run out of Clinton Raymond McCowen's [aka Ray Guhn] Navarre home.

Defense attorneys had sought to move the proceedings to Escambia County.

"I keep going back to the statute that says this is a discretionary decision made by the state," Swanson said during discussions with attorneys Monday.

"It seems to me it's pretty simple. The state gets to make the choice (according to the statute) if the offenses happen in two or more counties."

Swanson said the law only allows a judge to change the trial location if the state's choice was influenced by an improper motive or if the venue the state selects somehow violates the defendant's right to due process. Neither of those was true in this case, he said.

McCowen, Andrew Kevin Craft of Pace, Kevin Patrick Stevens of Pensacola, William Lee Beach of Milton, Jane Marie Dreka of Lillian, Ala., and Thomas W. Dwyer of Pensacola are accused of producing obscene videos, which Internet users could pay to view online.

They face two charges each of racketeering — conducting a criminal enterprise by engaging in prostitution, and by manufacturing and selling obscene material. McCowen also faces money laundering charges.

Attorneys have called the case a "case of first impression," meaning there are no similar cases in history to look to for guidance.

The outcome could be precedent-setting.

The state maintains that the videos were shot at various locations in Santa Rosa and Escambia counties, including public places like Interstate 110. The state also says the money laundering occurred in Okaloosa and Santa Rosa counties.

Assistant State Attorney Russ Edgar said while charges originally were filed in Escambia in 2006, the case was moved to Santa Rosa to best address all charges with one proceeding. The original charges were filed before the evidence of money laundering was discovered, he said.

"We believe the most serious charge in this case is the money laundering charge. ... That occurred in Okaloosa and Santa Rosa counties," Edgar said. "The money laundering, in my opinion, had to be heard in either Okaloosa or Santa Rosa. The manufacturing of obscene materials had to either be in Escambia or Santa Rosa."

Defense attorneys had sought to have the trial moved back to Pensacola.

"The substance of this case was originally filed over a year ago in Escambia County," said McCowen's attorney, Jerome Mooney. "We're being hurt ... because we've been working for a year in preparation for one community and suddenly we find ourselves being thrust into another community. These communities, these counties, may be next door to each other, but they are substantially different."

The defendants are due back in court Oct. 16 for a hearing in which Swanson will decide if defense attorneys can claim a national community standard instead of a local one when determining if the material produced is obscene.

Defense attorneys say that would be appropriate because of the global nature of the Internet.

Pornographer Wants His Moment With Stern

By ELAINE SILVESTRINI The Tampa Tribune
Published: Sep 12, 2007


TAMPA - A federal judge is being asked to grant permission for a porn producer to be on the "The Howard Stern Show."

Paul F. Little, also known as Max Hardcore, is being prosecuted in U.S. District Court in Tampa on federal obscenity charges. While the case is pending, travel for the California resident is restricted to his home district and the Middle District of Florida.

Howard Stern's satellite radio show is broadcast from New York. In addition to covering risque topics, Stern promotes free speech.

"I look at Howard Stern as the voice of America," Little said in a telephone interview. "He gets out there and he says what he wants, and they even kicked him off regular radio, fined him heavily for saying words. He moved on, and he's still standing. I consider the opportunity to get on his show … and tell my story really just a wonderful opportunity."

Little said he plans to bring his partner, adult film star Layla, along with him to appear on the show. "We're going to have a great time," he said.

He said he got into the adult entertainment business because he is "tired of the hypocrisy of these politicians who say one thing and do another. They say gay people are bad, and then they're caught in a bathroom. … I'm going to make movies, and whatever they tell me I can't do I'm going to do it. I'm going to get people thinking and, No. 1, entertain people. That's my job."

Little's attorney, James Benjamin, filed a motion Tuesday asking a federal judge to allow the defendant to fly to New York on Sept. 22 so he can appear on the show Sept. 24. He would return to California on Sept. 25, the motion states.

Last month, Judge Susan Bucklew gave Little permission to travel to an adult video trade fair in Fort Lauderdale.

Little is scheduled to go on trial March 3. The 10-count federal indictment was returned May 17 in Tampa and unsealed May 30.

Little is described by federal prosecutors here as a nationally known director, producer and star of full-length films that feature "severe violence towards the female performers participating in the acts."

The indictment alleges that Little, through the entertainment company, distributed pornographic films to post office boxes in Florida.

The indictment also alleges that to help promote these films, the defendants used a Web site to sell and distribute the films by transmitting over the Internet five obscene video clips as promotional trailers.

Little said he's not sure what he will do on the Stern show, but "me and Layla are going to do our best to make the best 'Howard Stern Show' that there ever was."

iBill’s Financial Woes Continue; Millions in Assets Seized

By Q Boyer
Thursday, Sep 6, 2007
PARKLAND, Fla. — According to a quarterly report filed with the Securities and Exchange Commission, financial problems continue to mount for Interactive Brand Development (IBD), the owner and operator of the now-defunct online billing service iBill.

According to IBD’s SEC filing, a public auction was held on Aug. 13, after note holders foreclosed upon collateral securing notes they held. The securing notes were collateralized by IBD’s collection of cel art. According to IBD’s filing, the collection was valued at $6.5 million.

Two days after the auction, IBD received notice that CMI II, LLC, an affiliate of Castlerigg Master Investments Ltd. and an IBD stockholder, had been granted a judgment of $7 million against IBD.

In its SEC filing, IBD states that the company’s strategy “had been to maintain passive investments but to discontinue all operations associated with the adult entertainment industry,” and that it had “intended to seek business opportunities through a business combination with one or more private companies, which would have been promoted and restored to sustained profitability,” but said the recent setbacks have changed that plan.

“[I]n light of the recent judgment against it by CMI, the company has ceased operations,” IBD stated in the filing. “The company has had no material operations since June 2006.”

The SEC filing updated the status of debts owed to iBill’s adult webmaster clients, stating that the company as of June 30, had an “outstanding balance of $4,928,476 and accrued unpaid interest of $288,909 on client notes.”

Over the last several years, IBD has cut several deals in an attempt to revive the company and to reestablish its financial viability, including the outsourcing of payment processing operations to Etelgate in March 2006.

The deal with Etelgate, however, broke down due to a “dispute concerning processing volume,” according to IBD’s SEC filing, a dispute that arose just a few months after the deal was struck. By December 2006, the deal with Etelgate had been entirely abandoned, and iBill’s operations were discontinued.

In December 2006, IBD announced its plan to exit the credit card processing space and discontinue the operations of iBill. According to the company’s SEC filing, IBD “intended to sell [iBill] along with any of its associated intellectual property rights, the customer database and the assumption of all remaining outstanding debt obligations,” adding that “[t]o date, no such sale has materialized.”

Pennsylvania Township Passes Adult Ordinance

Hey Perves,

I guess today is a very busy day as far as the adult industry is related. This is a good thing, right? the reason you read my blog is to stay abreast of what's going on in the adult industry, specially when it's pertinent to the east coast.
Read on:

Posted: 10:42 AM PST Sep 06, 2007

GREENE TOWNSHIP, Penn. – Supervisors in Greene Township have passed an ordinance regulating any potential adult entertainment businesses. The Scranton Times, which called adult businesses “a hot topic of discussion” with the board, reported that officials unanimously passed the new ordinance.

The new ordinance, effective immediately, will impose a 1,000 foot restriction between adult businesses and schools, religious buildings and public parks, and an 800 foot rule for adult businesses and residential properties.

The ordinance also places restrictions on a prospective adult businesses’ hours of operation; mandating that they only operate between 4 p.m. and midnight, Monday through Saturday, and must be closed Sunday.

According to the report, some residents questioned whether the hours of operation permitted under the law were stringent enough. “I think that encourages criminal activity in our township rather than discourages it,” resident Marita Wenner, told the Scranton Times. Wenner suggested adult businesses be limited to operating during daylight hours only.

Rumors in June that a township resident planned to open a strip club prompted the new ordinance, and the issue has been a topic of discussion ever since. As of yet, no one has approached the city board about opening an adult business.

FSC Reminds Industry: Four More Days for 2257 Public Comment Period

Hey Perves ,

To all of my producers friends. I'm sure you are aware of the subject below. If not, then you should be.
Read on:


By David Sullivan
Posted: 2:12 PM PST Sep 06, 2007

CANOGA PARK, Calif. – The Free Speech Coalition
issued a press release today reminding adult industry members that only
four days remain in the DOJ’s public comment period for the
proposed 2257 rules and regulations. The Department of Justice will
accept comments through September 10, 2007.
“Don’t count on other adult industry
members to fight this battle for you,” said Diane Duke, FSC
Executive Director. “The Free Speech Coalition is currently
challenging, and will continue to challenge, the Federal Government
every step of the way on this overly burdensome law, but we are going
to need a broad level of support and participation from the industry.
If the DOJ doesn’t hear from us on this issue en masse, the
assumption will be that we simply don’t care –
which is patently untrue. Please send in your comment or sign on to
FSC’s industry statement today.”

Lance Cassidy of XTube is among the adult producers banding together with FSC to address the proposed amendments to the federal record-keeping law.

"If you have a personal or professional interest in the adult
entertainment business, you need to consider how the federal government
is reacting to it with the proposed changes to 2257," Cassidy said.
"The body of your email should entail how this law affects your
interests in the adult entertainment business, in detail, without
emotional statements. Your letter needs to demonstrate that the law is
not effective at controlling child pronography and only serves to
inhibit anyone who partakes in the adult industry. This law was made by
people who assume we are all scumbags, which is so far from the truth,
so let's prove ourselves once and for all."

FSC urges the industry to make use of the following options:

1. Email egal@freespeechcoalition.com
and tell FSC about the burdens that 2257 imposes on your business. FSC
will compile your comments into a document ready for submission and
send it back to you with instructions on how to submit. FSC must
receive the email by no later than Sunday, September 9, 12:00 p.m.
(PST).

2. Sign on to a group statement prepared by FSC, representing concerned
members of the adult entertainment industry. The Statement is posted on
FSC’s website, www.freespeechcoalition.com.
Email legal@freespeechcoalition.com
and tell FSC that you would like to sign on to the 2257 proposed Rules
and Regulations statement. FSC will add your company’s name
and/or your own to the list.

3. Submit your own
statement for public comment electronically to: Admin.ceos@usdoj.gov
or by using the electronic form provided on the DOJ website at www.regulations.gov

NOTE: Comments submitted electronically must include Docket
No. CRM 104 in the subject box.

The Nation's other Urinal Scandal: Big Bob Allen to go to Trial

Hey Perves,

Tuesday of this week I mentioned about GOP Governor Larry Craigs quiting because of soliciting an undercover officer in a bathroom. Once again we have another representative with a similar charge, and they want to moderate US the adult producers. HA! They should look at the house of representatives before they come after us.

Check the story below:

--Washington Blade

TITUSVILLE, Fla. — Florida State Rep. Bob Allen, charged with a misdemeanor count of solicitation of prostitution last month, will face trial on the charge it was determined during a hearing this week.

Testimony Allen gave Florida police saying he was frightened of the officer who arrested him, will not be used in the case, it was determined this week. A trial date of Sept. 19 was set. Allen appeared at the hearing with his wife.

Allen said in the statement that he “certainly wasn’t there to have sex with anybody and certainly wasn’t there to exchange money for it … This was a pretty stocky black guy, and there was nothing but other black guys around in the park.”

Police said Allen peered over a bathroom stall and initiated a conversation with the officer who suggested they go someplace else. He was arrested upon exiting the restroom. Allen said the incident was a “huge misunderstanding.”

NY Post: Department of Justice Wants Official List of Every Porn Star in America

--on the web

Ron Jeremy, Jenna Jameson - get ready to stand and be counted.

The Department of Justice wants to come up with an official list of every porn star in America - and slap stiff penalties on producers who don't cooperate.

Porn Valley- The new rules, proposed under the Adam Walsh Child Safety and Protection Act, would require blue-movie makers to keep photos, stage names, professional names, maiden names, aliases, nicknames and ages on file for the inspection of the department's Child Exploitation and Obscenity Section.

"The identity of every performer is critical to determining and ensuring that no performer is a minor," according to the new proposal.

The adult film industry plans to challenge the new rule as a violation of the First Amendment, said Paul Cambria, a lawyer for Hustler and other adult film companies.

He sees it as a way to harass legitimate stag-film producers.

"If they can't get you for obscenity, they'll get you for violating record-keeping," he said. Such a violation would carry a five-year penalty.

The proposed rule would require porn producers to give the title of the video or magazine, or the Web address where the actor appears.

The Department of Justice has shown some sensitivity for the performers' privacy, however. All information not essential to proving their age and identity, like phone numbers and addresses, can be withheld.

Distributors of foreign pornography aren't off the hook - they must still produce a copy of the foreign actor's identification card. The department estimates that there are 500,000 Web sites, 200 DVD producers and 5,000 businesses nationwide that would be subject to the new rule.

The department did not respond to requests for comment, but in its proposal suggested that the benefits outweighed any negative impact on the porn industry.

"The benefit of the rule is that children will be better protected from exploitation in the production of visual depictions of sexually explicit conduct by ensuring that only those who are at least 18 years of age perform in such depictions. The costs to the industry include slightly higher record-keeping costs," the agency argued.

Hoity Toity NYC Spa Rented Out to Porn Shoots Says lawsuit

--NY Daily News

NYC- A swanky Manhattan spa that's annually rated among the best in the city doubled as a site for kinky swingers parties and X-rated movie shoots, according to a lawsuit filed by a physical therapist to the stars.

Marty Jaramillo, who rented space from Essential Therapy, is suing the spa and its owner for soiling his reputation by allegedly offering much more than massages at its sleek E.25th St. storefront.

Jaramillo - whose rubdown recipients have included movie stars John Leguizamo and Kathleen Turner - alleges that troubled Essential owner Carlos Araque regularly rented out his space for swingers and porn stars to do their thing.

"They're absolutely false allegations," said Sarita Kedia, an attorney for Araque. "He runs a perfectly legitimate spa."

The supposedly sizzling sex scene wasn't what Jaramillo expected when he signed a lease last July with Essential Therapy that, according to the lawsuit, specifically outlawed "obscene or pornographic material on the premises" and the use of the site as a sex club or massage parlor.

He allegedly discovered the kinky hijinks only after Araque - whose own celebrity customers have included Mets players - was busted in March for allegedly having performed oral sex on a woman against her wishes.

Araque, known for satisfying patrons with what he calls the "make-nice massage," has since pleaded guilty to not being a licensed masseur and is barred from performing massages.

"It's absolutely nothing related to any sexual conduct whatsoever," said Kedia, adding that the sex-abuse charge is being dropped.

But Araque's hands-on techniques at the high-end spa, whose slogan is "Where body and soul align once again," have drawn raves from magazines that consistently rank Essential Therapy as one of the city's top spas.

"It's enough to put you to sleep, at least until the essential oil-scalp massage wakes you up, fully refreshed," New York magazine gushed in last year's "Best of New York" issue.

According to the suit filed in Manhattan Supreme Court, Jaramillo was duped into thinking Araque was a licensed massage therapist who boasted of his "stellar reputation."

A biographical listing for Jaramillo says he is the founder of the I.C.E. Sports Health Group and a former member of medical staffs for the Knicks and St. John's University.

Board of Directors Calls for Impact Study

By David Sullivan

Posted: 9:48 AM PST Aug 15, 2007

The Free Speech Coalition today announced the creation of a task force to study and address the issue of piracy in the adult entertainment industry.

“Piracy hurts our members’ bottom line,” said FSC Executive Director Diane Duke. “Piracy is an issue of importance to our members and, therefore, it is of importance to us.”

The coalition's Board of Directors decided to launch the task force at its June 30 meeting.

"We've had some different attorneys come in and speak to the board on the issue," Duke told AVN. "Greg Piccionelli and Al Gephart spoke to us at the June 30 meeting; right now the task force consists of our board members - myself, Mark Kernes, Reed Lee, Tim Valenti from Naked Sword, Sid Grief, Greg Shearer and Jim Everett. We're reaching out to the industry to get some people to bring a variety of expertise to the task force."
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The task force will study the impact of piracy on all sectors of the adult entertainment industry in an effort to protect the interests of its membership.

"We've been meeting every two to three weeks," Duke said. "We started with some initial discussions focused on the industry and we are looking for ways to do a more formal survey of the industry in order to really identify the depth and breadth of the problem and be able to understand the best path for moving forward and finding solutions. When we say that we are the watchdog for the industry, we don’t just mean from government intrusion. We are the watchdog for anything that stands in the way of our members’ success.”

For more information, visit www.freespeechcoalition.com

Update of newly-released rule and regulations related to 2257

This is an update on the newly-released rules and regulations related to 2257. We will provide you with more information as it becomes available.
First, it is important to recognize that the regulations that the DOJ has set forth today are simply proposed regulations, issued for comment and possible change.

FSC will extensively comment on the regulations, and we intend to launch an industry-wide campaign to solicit your comments as well. We need your partici pa tion in this process. In the coming days we will provide details on how to comment.

Some of the points set forth were expected, and they represent the modest gains that we have achieved through litigation thus far. Some of the other points are troubling and represent the intransigence which we have come to expect from Attorney General Gonzales and his associates.

On the critical subject of “secondary producers,” the Justice Department is continuing to suggest that it has been right all along and that Congress ALWAYS intended secondary producer to be included in 2257. Therefore, they are consider ing the original legislation and regulations issued in 1995 to be valid for “secondary” as well as “primary” producers. We understand that for many of you it is simply impossible to comply with the Justice departments demands, and that is one of the reasons why we will continue the fight.

Unless the final regulations change radically from those proposed today, FSC will continue our litigation at the appropriate place and time, including seeking another injunction for “secondary producers” as well as others.

At the end day, we will make sure that federal judges understand the absurdity of these regulations, and we will not let up on our commitment to you and to your rights.

2257 Regulations (pdf)

Patent Office Refuses Porn Site Trademark Due To 'Obscenity

Why in the hell doesn't this government leave us alone to make money like any other entrepreneur? I mean, shit, we do have to pay taxes on the money we earn just like any other American. We have to get rid of Bush or he's going to bring this country to complete ruins.

As posted on AVN.com


SAN FRANCISCO - Kink.com owner Peter Acworth is fighting the U.S. Patent and Trademark Office to trademark his website fuckingmachines.com. Acworth's company Cybernet [now Kink.com] originally applied for the trademark two years ago, but was denied on the basis of a statute dating back to 1905.


"Registration is refused because the proposed mark consists of or comprises immoral or scandalous matter," attorney Michael Engel wrote in his review of the case. "The term 'fucking' is an offensive and vulgar reference to the act of sex.[...] A mark that is deemed scandalous ... is not registrable."
Acworth's attorney Marc Randazza filed an appeal June 5, which will now lead to a hearing before the Trademark Trial and Appeal Board.

"The trademark office has gone off the deep end with 2(a) rejections," Randazza told the Orlando Weekly, in reference to Section 2(a), 15 USC §1052(a), which forbids trademarks with "immoral, deceptive, or scandalous matter."

Randazza said the rejection is unconstitutional and is fighting the federal government for the right to trademark any word a person pleases.

In addition to www.fuckingmachines.com, Kink.com operates 10 different fetish websites and employs 70 people in its Mission District headquarters.

Randazza and Cybernet appealed the trademark office's ruling in August, asking the government to reconsider.

"The Applicant respectfully challenges this characterization of the word 'fucking' and its allegedly 'offensive and vulgar' root: 'fuck,'" Randazza wrote. "[T]his much maligned four-letter word has no intrinsic meaning. Fuck [can] play a role as a figurative term, for example, 'to fuck' can also mean 'to deceive.' It is a word of force that can assist us in our expressions of joy when used as an infix, as in 'abso-fucking-lutely'. 'Fuck' helps us express rage when we scream 'fuck you' at a football referee, or at a motorist who has just cut us off in traffic. 'Fuck' can help us express pain, as it is quite frequently the first thing out of most men's mouths when they strike their thumb (accidentally) with a hammer. 'Fuck' is a vehicle for our disappointment, when we see that our report card is not as good as we had hoped, or when our significant other is late for dinner, or leaves us altogether. 'Fuck' is an old friend, who can always make us laugh."

Randazza's F-word soliloquy failed to move the court - but he remains steadfast in his argument.

"If I didn't use 'fuck' liberally," Randazza told the Orlando Weekly, "I'd be conceding the fucking argument."

Pictured: Peter Acworth

New Jersey Passes Two Bills Aimed at Porn Shops

As posted on http://www.thefloatingworld.com

TRENTON - [Politics NJ.com] The State Assembly Monday passed a two-bill package Assemblywoman Pamela R. Lampitt [pictured] and Assemblymen Louis D. Greenwald and John F. McKeon sponsored to protect children and neighboring property owners in communities with sexually oriented business.

"Adult sexually oriented businesses may have first-amendment rights, but that doesn't give them carte blanche to exploit children or erode the property values of nearby homeowners," said Lampitt (D-Camden). "We need to provide property owners and communities with all possible tools to keep porn shops and other adult-oriented businesses in check."

The two bills in the package were crafted by Lampitt and Greenwald in the wake of a Union County businessman's plans to convert a vacant building along Route 70 in Cherry Hill into a store selling adult videos and sex toys. The vacant building abuts a residential neighborhood. Meanwhile, McKeon signed onto the measure in response to a community-oriented fight over an adult bookstore that opened along Route 46 in Fairfield Township, Essex County, last year.

The first bill (A-3692) would authorize municipalities to adopt ordinances for regulating and licensing sexually oriented businesses.

The bill would further require municipalities to provide an adult crossing guard, police officer or private security guard at each school, school bus stop or child care center located up to 3,000 feet of a sexually oriented business during times when children are likely to be outside their homes and while the businesses are in operation. The bill allows these sentry costs to be passed onto the applicable sexually oriented businesses.

"Taxpayers shouldn't bear the costs of ensuring that children don't get exploited by porn peddlers and other adult-oriented business," said Greenwald (D-Camden). "The operators of sexually oriented businesses should shoulder the costs."

The measure would build upon current law that already bars sexually oriented businesses within 1,000 feet of any house of worship, elementary or high school, school bus stop, hospital, child-care center, recreational area, or another existing sexually oriented business.

"New Jersey needs safe neighborhoods, not porn zones," said McKeon (D-Essex). "Porn peddlers should take heed that we are going to explore every avenue to help families protect children, their neighborhoods, and their home investments."

A second measure (A-3693) would impose tougher zoning and community notification requirements for sexually oriented businesses before starting operations. Under this bill, sexually oriented businesses would no longer be a permitted use in any zoning or use district, except for a district specially designated for sale, distribution, rental or exhibition of obscene materials. Variances could be granted only after a public hearing with notification provided to all property owners within 3,000 feet of the proposed sexually oriented business.

The lawmakers said they anticipate that both measures will be aggressively opposed by the porn industry.

"We know we are in for a fight, but we need to get the message across to these businesses that they are not going to run roughshod over our communities," said Lampitt.

The first measure (A-3692) was passed by the Assembly 75 to 1 with four abstentions. The second measure (A-3693) passed 77 to 1 with two abstentions. Both measures now go to the Senate for further consideration

Al Goldstein Set to Apply Screws to American Presidency

Al Goldstein Set to Apply Screws to American Presidency
by Darklady

NEW YORK, NY -- After at least seven years of being screwed by the government, America may have an opportunity to return the favor. Al Goldstein is running for president!

The Korean War veteran and one-time infamous publisher of New York City's Screw magazine has decided that surviving a rough ride on the waves of prosperity, poverty, opulence, and homelessness is a perfect training ground for the presidency.

According to a press release, Goldstein's bid for the highest office in the nation stems from a passion for public service, personified during his controversial career in publishing by a steady defense of the First Amendment and consistent opposition from anti-sex/pro-war thinkers. Although Goldstein's PACE University degree in English surely introduced him to the fate of Socrates, the 71-year-old candidate says, "I think the American people want honesty in a candidate."

"I had everything," he further explains on his AlGoldstein.com blog. "Eleven million dollars, wives, girlfriends, everyone loved me, but I lost it all because of my flaws, which are too many. Until recently, I was homeless. I'm coming to you today, a man full of regrets and great memories, a humble human being who is here to tell you that the meaning of life can be found in pot and cunnilingus."

Goldstein truly is a humble human being at the moment. Although no longer homeless, the man whose stone statue of a hand flipping the bird once greeted any who took to the waterways of Pompano Beach, FL near his then-home, now subsists on his Social Security income and has his blog hosted by Booble.com. His autobiography, I, Goldstein, told the tale of his fall from excess and how his experiments in photography and tabloid journalism led him to found Screw during the summer of 1968 -- and quickly rack up 17 arrests for obscenity.

Hustler magazine founder Larry Flynt is quoted on the press release as saying "Run, Al, Run… Al Goldstein for everything." Like Goldstein, Flynt has had his scraps with the law concerning adult content, and has also tossed his hat in the political ring in the not-too-distant past.

Bob Smart, aka Booble Bob, serves as Goldstein's campaign manager and opines that "Al Goldstein is a national treasure. As the world's dirtiest old man, Al has something to say about the world he helped create, and we Americans have a duty to listen."

According to Goldstein's blog, among the things he has to say is that he is "against all wars," that current President George W. Bush is "a liar, a former cocaine user, who has sent thousands of Americans to die for nothing," that gays should be given the legal right to marry so that they can "be as miserable as heterosexual people," and that fellow Democratic presidential candidates Barack Obama and Hillary Rodham Clinton are, in order, "unelectable" since "No on can pronounce his name," and "A fireplug on legs, a moralizer no better than Bush."

Smart suggests that Goldstein may switch party affiliates to Independent, in part because, "Without another sponsor, we can't afford to travel Al to the relevant campaign stops in New Hampshire, Iowa, and California…" If a sponsor does not appear, Goldstein will likely focus his campaign "on the internet, radio, and the big porn shows where Al's most likely voters will congregate."

Although Goldstein confesses that he'd love to find a girlfriend to be his First Lady, since he hasn't "been laid in over two years," and is willing to exchange sex for a female Vice-President, he assures the porn positive that his candidacy is serious. "I hope to be funny, without being a joke. My whole life has led me to this moment. I only want to make people smile and maybe think a little bit before they vote."

Video clips promoting Goldstein's screwy candidacy can be found at www.Goldstein08.com and cover topics including racism, the internet, George W. Bush, and same-sex marriage.

Darklady is Editor at YNOT.

Adult Site Law

There are plenty of sites that come and go, and lead you astray. However there's one that has been around for as long as I have been in this business. The site is not pretty, but it is straight to the point and update often. For those of you not familiar with it, it is www.adultsitelaw.com. The site is from the mind of Attorney A.J. Comparetto. It is a great place to get updated models releases including the 2257, as well as many other forms that are very easily customizable. What I like the best is that they are all free.
You can also find instructional videos and sign up for their free newsletter. So what are you waiting for? get going and set your url to www.adultsitelaw.com. You'll be glad you did.

Your perv,
P-Daddy and his one eye helmet head

Pros & Cons of .xxx for your next Domain

Dear fans,

Lately there has been a lot of controversy in designating .xxx as a top domain level for the adult industry. I'm sure that a lot of people would think it is a great thing to acknowledge the adult industry as a power house. I personally am still trying to figure out what those benefits would be, but I'm drawing a blank.
Below is an article from Diane Duke the Free Speech Coalition Executive Director as it appeared on their site.
If you are as involved as I am, please let me know your thoughts on this issue.


Dear Free Speech Coalition Supporters,

Most likely you are aware of, and gravely concerned about, the renewed interest in creating a .XXX TDL. Last May, FSC successfully opposed an attempt by Stuart Lawley, and his company ICM, to have .XXX accepted and implemented by ICANN (Internet Corporation for Assigned Names and Numbers). Mr. Lawley and his company stand to make millions from this deal—at the expense of the adult entertainment industry.

.XXX is a very bad idea because:

• It “ghettoizes” the industry, making adult entertainment an easy target for anti-industry extremists and government intrusion.

• It will add, unnecessarily, to the cost of doing business. At $60 per URL per year, the cost to a member could reach tens of thousands of dollars annually. Many in the adult entertainment industry will purchase and park addresses, realizing no benefit to this added expense. Finally, there will be countless battles for names, and the resulting arbitration will be costly.

• If a .XXX domain becomes available, it is likely that the United States and other countries will try to make it mandatory and subject to trans-Internet filtering that could effectively eliminate much of the adult content currently available on the Web.

• The .XXX option could enable the industry’s enemies to convert even a voluntary .XXX domain use into an effectively mandatory requirement by pressuring private parties, such as credit card processors, to require .XXX use and compliance. In this way, ICM through unchecked rule-making could “back door” all the governmental regulations that we have beaten back. If that happens the industry would not have its most potent weapon, the First Amendment to challenge ICM because ICM is not a governmental entity.

• The ambiguity with which ICM plans to establish its governing board is of grave concern as there exists strong potential for censorship, which is clearly not in the best interest of the industry or for ICANN.

At ICANN’s last meeting, a number of board members expressed concern that .XXX did not the have support of the adult entertainment industry, this after public input submitted prior to that meeting and word of a contentious panel discussion which included Lawley at an XBIZ conference. Previously, the board relied solely on Lawley’s assurance that he had the industry’s support.

WE NEED YOUR HELP!

1. It is imperative that ICANN hear from the industry in a BIG way! Please send an e-mail to ICANN and simply state “I am in the adult entertainment industry and I oppose .XXX”. If you are a webmaster, state that you are a webmaster in your e-mail as well as how many websites you manage.

E-mail your comments to: xxx-icm-agreement@icann.org.

Public comments can be viewed at: http://forum.icann.org/lists/xxx-icm-agreement/. Comments received on or before March 9, 2007 will be considered at the next scheduled Special Meeting of the ICANN Board.

2. FSC plans to send Executive Director Diane Duke and Board Chair Jeffrey Douglas to the next ICANN meeting in Lisbon, Portugal during the last week of March to ensure that the adult entertainment industry is represented. In order to help cover our costs in fighting this .XXX battle, we ask our members to contribute $60—the cost of the URL of one website for one year—to the Free Speech Coalition. Checks can be sent to the Free Speech Coalition PO Box 10480 Canoga Park, CA 91309. If you prefer to put your donation on a credit card,
contact Diane Duke at (818) 304-1712.

During February’s XBIZ Conference panel discussion, Stuart Lawley said, “I have never, nor will I ever be, a part of the adult entertainment industry.” Together, we will make sure that Stuart Lawley does not line his pockets—at our expense. Time is of the essence, please, contact ICANN with your statement in opposition to .XXX and send your donation to the Free Speech Coalition today.

Sincerely,

Diane Duke
Free Speech Coalition Executive Director

Your perv, P-Daddy and his one eye helmet head.

AFF GEN. COUNSEL MEETS WITH FBI TO EASE 2257 INSPECTIONS FOR THE ADULT ENTERTAINMENT INDUSTRY

This article was posted on Adult Freedom Foundation on 10/15/06

WASHINGTON, D.C. In another breakthrough for dealing with federal officials, Atty. Paul Cambria Thursday met with FBI representatives to “open a better dialogue between authorities and the adult entertainment industry.”
“We met with a number of FBI agents in charge of the 2257 inspection process. They explained the inspection process to us and attempted to have a dialogue which would result in an easier inspection process,” said Cambria, AFF general counsel.
“We have a clearer understanding now of their procedures and I think that we have opened up a channel of communication to try and make the inspection process a more productive and less onerous one from the standpoint of the adult industry,” Cambria explained.
“It was a positive meeting. We clarified some areas that we thought were grey areas,” Cambria concluded.
Over the summer, the FBI began making unannounced visits to adult production companies to inspect 2257 records. Under the 2257 section of the U.S. Code, the producers of books, magazines, video or films are required to keep records of anyone performing sexually explicit acts after July 3,1995. The records should include name, dob and proof of that information along with any stage names.
In an earlier breakthrough for the Adult Freedom Foundation, Cambria was the first and only representative of the adult entertainment industry invited to testify before the U.S. Senate’s Commerce, Science and Transportation Committee hearing on “Protecting Children on the Internet.”
The hearing was held Jan. 19, 2006, and Cambria was later requested to provide supplemental testimony to his live appearance.
Industry attorneys Jeffrey Douglas and Greg Piccionelli also attended Thursday’s meeting at FBI Headquarters in Washington.

Your perv, P-daddy and his one eye helmet head