Canadian Adult Store Appeals to Supreme Court

Canadian Adult Store Appeals to Supreme Court

VANCOUVER — The Canadian Supreme Court has agreed to hear an appeal filed by a store seeking to recover legal costs up to $1 million related to its ongoing battle with Canada Customs.

Little Sister’s, which stocks items for gay adults, filed suit against Canada Customs in 2002, after the agency refused to allow certain items it deemed obscene to enter the country.

Specifically, Canada Customs seized 18 copies each of volumes 18 and 24 of the Meatmen comic book series destined for sale at Little Sister's. Meatmen is a series of 24 anthologies that feature the comic artwork of gay male artists, many of which are erotica intended for an adult audience.

Little Sister’s owner Jim Deva said that although the seized volumes contained depictions of sadomasochism, the comics were not obscene, and that by turning away the items, customs officials were practicing illegal censorship. Further, Deva says the government should have to pay the store’s legal fees.

Deva is basing his argument, in part, on another case Little Sister’s had waged against customs dating back to 1985 that was finally settled in Canada’s Supreme Court in 2000.

In that case, the majority found that Little Sister’s had “suffered prejudice and harassment” at the hands of Customs. The court gave Canada Customs 30 days to prove that material was obscene, which they did not. The Court also awarded partial costs to the bookstore, and granted importers the right to sue Customs for costs as well as special and punitive damages caused by incorrect seizures.

The store decided to exercise that right last year in relation to the Meatmen case, and in July 2004, a court in British Columbia ordered the federal government to pay the bookstore's court costs. In February of this year, however, the B.C. Court of Appeal reversed the lower-court ruling because the courts have not decided whether the seizure was legal or not.

The laws regulating importation of adult material had been re-written after Little Sister’s 200 victory to specifically forbid certain types of comic books.

“Suddenly, out of the blue, the licking of boots was not acceptable,” Deva said, citing an example of material now considered obscene. “If they had known more about that fantasy, and about that sexual act, perhaps they wouldn't have thought of it as dehumanizing and degrading.”

When the case goes before the Supreme Court, the Court will decide only whether Little Sister’s is entitled to legal costs, not whether the Meatmen volumes are obscene, which may make any decision extremely complicated. A date for the hearing has not been set.

Related:  

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 News

BasisDx Adds Expedited Results Option for 'Pro13' Home Testing Kit

PASS-certified home testing kit provider BasisDx has added a new option for expedited test results for its Pro13 kit.

Kiiroo, Pineapple Support Launch 'Empower Hour' Series on FeelHubX YouTube Channel

Kiiroo and Pineapple Support have teamed up to launch the “Empower Hour” series on the FeelHubX YouTube channel.

Kansas Law Firm Deploys Religion, Bunk Science While Recruiting Plaintiffs Under AV Law

Kansas-based personal injury law firm Mann Wyatt Tanksley is promoting debunked scientific theories and leveraging religious affiliation against the industry while it seeks potential plaintiffs for lawsuits against adult companies under the state’s age verification law.

UK Tech Secretary Lists Age Verification Among OSA Priorities

Peter Kyle, the U.K.’s Secretary of State for Science, Innovation and Technology, on Wednesday made public a draft version of his priorities for implementing the Online Safety Act (OSA), including age verification.

Orion Debuts 'Suck-O-Mat 3' Masturbator

Orion Wholesale has introduced the third edition of its Suck-O-Mat masturbator.

Biird Debuts 'Ohwii' Glass Dildo

Biird has introduced Ohwii, its new double-ended glass dildo.

Sportsheets Releases New Training Video for 'Edge' Line

Sportsheets has released its latest training video, titled "Edge Product Training," the third in a series hosted by Brand Ambassador Rin Musick.

Exsens Marks Its 10th Anniversary

Intimate wellness and body care brand Exsens is celebrating its 10-year anniversary.

Honey Play Box Debuts 'Trill' Vibrator

Honey Play Box has debuted its new Trill app-controlled vibrator, which joins Melody and Elektra in the company's Kegel toy collection.

10th Circuit Rejects Final FSC Appeal in Utah AV Case

The United States Court of Appeals for the 10th Circuit on Monday rejected a motion by Free Speech Coalition (FSC) requesting that the full court rehear its appeal in Free Speech Coalition v. Anderson, the industry trade association’s challenge to Utah’s age verification law.

Show More