Florida County Moves to Ban Porn

LOS ANGELES — Nassau County Commissioners are considering an ordinance banning the sale, but not the possession of, pornography within the northern Florida County.

At a meeting earlier this week, County Attorney David Hallman offered a draft ordinance for consideration by the board, despite reported concerns on his part, as well as that of Commissioners Mike Boyle and Barry Holloway, over potential legal challenges that could prove costly for the County.

"I'd be remiss if I didn't tell you that you'd be out at the edge if you adopt this," Hallman said, commenting on the existing Adam & Eve outlet that would be in violation of the law if enacted.

"I will tell you that I've been made to understand that you can go a couple of miles down the street and purchase CD-ROMs depicting each of these things [that would be prohibited by the ordinance], except perhaps sexual conduct with minors, which is a violation of federal law," Hallman said.

"Of all the loony ordinances we've seen lately, this one takes the cake," Lawrence Walters, an attorney representing the store in question, told XBIZ. "The County is attempting to create a new category of unprotected speech as a method of driving our client out of business."

According to Walters, if this ordinance is upheld, it would likely be passed by every local government that desires to eliminate adult bookstores from their jurisdiction.

"Apparently, Nassau County believes that they are the first ones who thought about outlawing commercial pornography as a means of eliminating adult businesses," Walters said. "Unfortunately for the County, the First Amendment poses a significant hurdle for their efforts."

"It seems to me like we're being asked to legislate morality in Nassau County," Holloway said. "I'm not against it, but I want to be very clear that that's what we're going to do."

The proposed ban defines pornography along the lines of the Miller Test, as "described or depicted sexual conduct that the average person, applying contemporary community standards, would find that, taken as a whole, appeals to a prurient interest," and "that the work, taken as a whole, lacks serious literary, artistic, political or scientific value."

"This modified Miller Test that they've invented appears to be blatantly unconstitutional under a long line of Supreme Court cases — most recently FSC v. Ashcroft, which struck down another modified Miller Test dealing with virtual child pornography," Walters said.

"But I wouldn't be surprised if the County goes forward with this effort," Walters added. "It is election season, after all."

Related:  

Copyright © 2025 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

Honey Play Box Debuts 'Tressa' Vibrator

Honey Play Box introduced its new Tressa multi-stimulation, app-enabled vibrator.

XBIZ Miami's Host Hotel Sold Out, General Registration Now Open

Guest rooms at XBIZ Miami’s exclusive conference venue, Nautilus Sonesta Miami Beach hotel in South Beach, are now completely sold out.

Blush Debuts 2 New Glass Plugs From 'Oh My Gem' Collection

Blush has introduced two new glass plugs, Lustre and Prestige, from its Oh My Gem collection.

EP Products Founder Don Wilson Passes Away

Don Wilson, the founder of EP Products and a notable figure in Canada's adult retail community, has passed away.

Orion Debuts 'Your Strap-On' Collection From 'You2Toys' Line

Orion Wholesale has introduced the Your Strap-On collection from its You2Toys line.

Leana Lovings, Aria Banks Front Latest From Reality Kings

Leana Lovings and Aria Banks star in the latest release from Reality Kings, titled "Synchronized Scissoring."

Penthouse Names Lennon Elizabeth April's 'Pet of the Month'

Penthouse Magazine has named model Lennon Elizabeth as Pet of the Month for April.

Bella Spark, Kelly Collins Star in Finale of VMG Cross-Site Feature 'Bang and Burn'

Bella Spark and Kelly Collins star with Vixen Media Group exclusive Jason Luv in the final installment of the cross-site spy feature "Bang and Burn."

Stephen Colbert Takes Aim at Texas' Crackdown on Sex Toys

Stephen Colbert is cracking up over Texas lawmakers’ crackdown on sex toys in the state.

Jade Kimiko, Cecelia Taylor Headline 'Women Seeking Women 199'

Jade Kimiko and Cecelia Taylor topline “Women Seeking Women 199” from Girlfriends Films.

Show More