educational

Retailer's Legal Wars: 2

In part one we looked at how local governments are waging small-scale wars against mom-and-pop adult retailers. In today's conclusion, we'll look at the forces behind the persecution.

Big Bills
In a case of ironic twist heaped on top of ironic twist, while retailers sometimes discover sales gains amid the legal dogfights, the communities fighting them typically get a little salt rubbed in their wounds in the form of hefty bills for their own legal fees as well as those of the store owner.

The American Family Association has cost dozens of communities millions of dollars under this equation. The AFA actively solicits communities to draft restrictive adult-business ordinances, even going so far as to provide model ordinances as templates.

"What they don't tell the city is that if they lose, they're going to be left holding the bag for the city's legal fees and ours," Walters told XBiz. "I usually tell people at public hearings, 'I have plenty of business, but if you want to put my kids through college, that's fine by me.' One thing right-wingers hate more than anything is paying an adult entertainment lawyer."

Given the losing record of other municipalities and the prospect of staggering court costs, it would only seem prudent for city officials to back down from losing causes. And there are elected officials who have the courage to put common sense and respect for the law before political aspirations. Cheboygan, Mich., City Manager Scott McNeil in April ignored protestors and allowed Fantasies Unlimited to open, admitting that he had no legal grounds upon which to prevent the store from doing business.

But McNeil seems to be the exception. Time after time, officials have ignored the odds and the warnings and plowed ahead with lost causes. Alton Mayor Don Sandidge admitted of his city's attempt to keep Haltom's Johnny Vegas from opening, "We didn't have a leg to stand on." So why go through with it? As Walter's pointed out, vocal minorities within the community often won't let the issue die.

"Sometimes the citizens demand that the city not give in, even if the city is wrong [in trying to shut down a store]," Walters said. "Commissioners will tell us, 'We know what we're doing is unconstitutional; we know the law is defective, but we have to let a judge make that decision.' It's really spineless."

Squeaky Wheels
"It's a small group of people imposing its will," said Mike Zrubek, owner of Abilene, Kan.-based adult store Behind Closed Doors. "They're using taxpayer money to push their beliefs on other people."

Usually, these groups have some combination of the following four words in their name: "Christian," "conservative," "family" and/or "values." In Kansas, for example, a rabble rouser named Phillip Cosby who claims to head a group called Citizens for Strengthening Community Values has almost single-handedly convinced county officials to press obscenity charges against a Lion's Den Adult Superstore in Dickinson County.

How did he do it? By being the squeakiest wheel in town. More specifically, Cosby called out prosecutors in local newspapers and convinced a handful of like-minded retirees to threaten motorists that they would tattle to their bosses and wives if they stopped at the store.

There's nothing small-town reporters like more than staged media events and fire-and-brimstone quotes from enraged fundamentalists claiming to speak for the moral majority, even if the organization in question is so insignificant that it doesn't even have a phone number. And all it takes to put elected officials back on their heels is a few swipes in the press.

In Arizona, media coverage of a "grass-roots campaign" of about 200 letters, most of which were form letters, prompted a Republican county supervisor to deny Fascinations adult store a license to operate. The supervisor, Ann Day, admitted to making a perfunctory ruling based on an assumption that the store would violate a county zoning ordinance, despite the fact that she had never seen, nor asked for, the store's floor plans. Instead, she reacted to outrage over news reports quoting the form letter, which stirred public ire by claiming that "pedophiles will be attracted to such places to get their paraphernalia."

In the case of the Abilene Lion's Den, District Attorney Keith Hoffman responded by using a city ordinance on adult businesses to file obscenity charges against the store. Lawyers for the Midwest based chain promptly fired back with their own lawsuit claiming the ordinance is unconstitutional.

No Clear Victory
If history bears any fruit, the advantage lies with Lion's Den, and the whole mess could end up costing the city of Abilene a tidy sum. But while adult store owners throughout the United States have scored victories over right-leaning radicals, there is plenty of bad news for retailers.

In March, the Missouri state senate approved a bill that would impose a $5-per-customer fee and 20 percent tax on revenue from adult-oriented businesses. If signed into law by the governor, the measure also will limit hours of operation from 10 a.m. to 10 p.m. and give counties, cities and towns broad power to pass restrictive licensing and zoning ordinances.

Then, in April, the Supreme Court refused to hear an appeal from C&C Video attempting to challenge a South Carolina zoning ordinance that was used to shut the store down. By the time the court responded, a compromise had already been reached in which the store was allowed to relocate to an industrial area. So, C&C Video may be satisfied with the result, but the court's denial does not bode well for stores that face similar dilemmas in the future.

And in one of the most disturbing cases of late, officials in Calhoun County, Ala., in May persuaded a local judge to let them destroy more than $250,000 worth of movies seized in a 2003 raid on an adult video store.

But Walters said that, despite such setbacks, the law still favors adult businesses, and federal courts still tend to side with the law. "That's what the federal courts are for," he said, "so we cross our fingers that they'll uphold the Constitution. And if they don't, that's what appellate courts are for."

John Haltom, the man with 11 victories against 11 cities, took a less studied approach, saying, "There's nothing more thrilling than winning these court fights." Of course, that's coming from a man who shrugs off two stints in prison. After all, running an adult retail store is still a risky business.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More Articles

opinion

How Sextech Is Helping Pioneer a New Approach to E.D.

Erectile dysfunction is no longer just an issue affecting older men — there has been a significant increase in younger people seeking help for ED, with numbers climbing globally.

Julia Margo ·
opinion

How to Advise Beginners on Shopping 'Animal Play' Toys

An important aspect of sex that doesn’t get talked about enough is exercising our imaginations. Letting our minds run wild gives us the chance to try new positions, play with new parts of the body, add toys and accessories, or even create a completely made-up fantasy world where we can pretend to be an entirely different species.

Rebecca Weinberg ·
opinion

Strategies for Navigating Content Restrictions on Social Media

Welcome to the “seggsual” wellness industry, also known as the “s//xual wellness industry” or “s-eggs-ual” wellness industry. Why so many aliases? Because mentioning what we actually do can torpedo our marketing efforts on social media platforms.

Scarlett Ward ·
trends

A Look at the Global Trends Shaping the Pleasure Products Industry

Multiple factors are shaping the pleasure landscape, including technological advancements, innovations in product design and sustainability, the impact of digital marketing and ecommerce, and the varying degrees of openness toward sexual wellness the industry encounters across different territories.

profile

WIA Profile: Kate McGregor

Ask Kate McGregor’s colleagues and co-workers, and they will likely tell you that she was always destined to do great things, wherever she landed — but that they are glad McGregor’s path led her to the colorful world of vibrators and butt plugs.

Women In Adult ·
profile

Electric Novelties Execs Reflect on Company Origins, Mission

When Zach Goode first crossed paths with Electric Novelties over 20 years ago, both he and the company were deeply entrenched in the apparel world. Goode was handling sales for a friend’s novelty T-shirt company, Sik World, while Electric specialized in sexy lingerie and clubwear.

Ariana Rodriguez ·
profile

Sensual Distributors Ltd. Blends Real-Life Love Story, Passion for Pleasure Biz

This local brick-and-mortar is a “mom and mom” operation led by co-owners Alana Thompson and Angini Singh, a lesbian couple who overcame their country’s strict, religious culture to create a sexual wellness boutique that serves their unique community.

Colleen Godin ·
opinion

How History Drives Marketing Strategies Today

Thanks to the efforts of activists, sex educators and members of marginalized communities, products like sex toys, lubricants and adult films have become much less stigmatized, and much more visible and accepted in the public sphere today.

Hail Groo ·
opinion

BAFTA Nominations Highlights Importance of Gender-Neutrality

While the Brit Awards have paved the way for gender inclusivity by introducing gender-neutral award categories, it has recently been confirmed that the British Academy of Film and Television Arts (BAFTA) awards will not follow suit.

Scarlett Ward ·
opinion

How to Explain Wax Play to Shoppers

When it comes to candles in the bedroom, most folks think of them as a great way to create a sexy ambiance. For folks who enjoy wax play, however, candles are also a kinky way to heat things up. While it may sound daunting to the uninitiated — because, you know, fire and hot dripping wax — wax play can be a fun and accessible sensation-play option, as well as an excellent intro to BDSM.

Rebecca Weinberg ·
Show More