Page 34 - AVN May 2016

LEGALESE By Clyde DeWitt
Risk of Seizures
Continued from page 32
none of which are protected by the First Amendment. That has led to some of the mass
seizures of which you may have heard.
One of the vulnerable lines of products is sex toys, although not all of them and not
everywhere. Back in the ’70s, as part of Georgia’s efforts to eradicate adult bookstores, it
enacted a law identifying as contraband any “obscene device,” which meant “any device
designed or marketed as useful primarily for the stimulation of human genital organs.”
Subsequently, a handful of other states followed suit; not surprisingly, most of them were in
the South: Texas, Mississippi, Louisiana, Kansas Colorado and Alabama. Challenges to these
laws have met with mixed results: Unconstitutional in Colorado and Louisiana; somewhat
unconstitutional in Kansas; and the absurd result in Texas where the statute was held
unconstitutional in the federal court of appeals, which holding the Texas state courts have
refused to follow because, you know, Texas.
Local enforcement has been spotty for a variety of reasons. In some locales, the constabulary
has taken the position that only genital-looking vibrators are illegal. Apparently they figure
that, otherwise, how many people use those vibrators that they sell at drug stores to relax
their neck muscles? Another approach that has met with mixed results is a disclaimer on the
box that the item is sold only as a novelty. Some locales just have more important things to
do than worry about vibrators, an attitude that sometimes changes at election times. After all,
this is a really dumb law!
Another vulnerable category of items is so-called “smoking accessories.” A pipe—you know,
the kind Hugh Hefner smokes—can be used to smoke pretty much anything to which you can
set fire. If you intend to smoke tobacco in it, then it is legal; if you intend to smoke marijuana
in it and you do not live in one of those places that has legalized pot, then it becomes “drug
paraphernalia,” which is illegal everywhere, except in that niche where marijuana is legal; and
in those places, limited to marijuana.
So, here is how that works: Undercover cop comes in and gets into a conversation with
the sales clerk about some of the “smoking accessories.” The clerk makes some ill-advised
comment like, “those are really for crack; if you want one for pot, the one over here is the
best.” So the gendarmes comes in and seize all of the “smoking accessories.”
The same holds true for some other things. In one spate of cases that the author defended,
the store sold nitrous oxide canisters designed to be used in whipped cream dispensers.
Facially, they are totally legal; nitrous oxide apparently is used for whipping cream because
it is inert to dairy products. However, nitrous oxide is also “laughing gas.” Now, since adult
bookstores do not sell much in the way cooking utensils, it is easy for the cop to say, “What
are these?” “Whip-its.” “What’s a Whip-it?” “You know, you put the gas in a balloon and
inhale; it’s a great high!” Well, it’s off to jail for him; along with a seizure of the Whip-its.
Another one is “poppers,” a class of chemicals called alkyl nitrites, which aren’t what
they once were. Back in the 1970s, they were amyl nitrite, oddly, a component in jet fuel.
When that was outlawed, the substitute was butyl nitrite, even more serendipitously, a
component of rocket fuel. In the late 1980s, butyl nitrite was declared by Congress to be a
“banned hazardous substance” under the Consumer Product Safety Act if purchased in small
quantities. The latest incarnation is sold as “head cleaner,” containing cyclohexyl nitrite and
supposedly used for cleaning the playback heads of videotape machines. (Anybody have one?)
Some of the above products just aren’t worth the hassle. Do you really want to carry a
product that hardly ever sells but is a potential legal nightmare? There is one level of hassle,
which would be a misdemeanor bust of the on-duty clerk (who dug his own grave, as noted
above). Note, however, the War on Drugs, the proponents of which largely admit has been
lost, has created some drastic forfeiture laws. The paradigm was the Reagan Administration’s
“Zero Tolerance” policy, by virtue of which the government could seize an ocean liner if it was
transporting an ounce of marijuana.
Adult retail will continue to evolve. As the computer and the television set continue to
become one, the demand for adult DVDs will get to the point where the adult retailers won’t
bother even carrying them. Look for the love boutiques to continue to flourish.
Love boutiques will continue to flourish; and, if tactfully operated, will draw limited
fuss from City Hall. Ideally, the window displays will be materially indistinguishable from
Victoria’s Secret, although some of the inventory will be considerably racier. That is just
common sense. The days of the yellow and black signs are over.
34 | AVN.com | 5.16
FSC Forms Industry-Specific
Committees
In its ongoing effort to lead, protect and support the growth and well
being of the adult industry, the Free Speech Coalition will begin
formation of several industry sector-specific committees to monitor,
address and recommend action on multiple issues facing the pleasure
products and adult entertainment industries, including retail zoning
laws, lubricant manufacture, piracy, counterfeit products, and adult
film regulation.
Each committee will meet separately from the Free Speech
Coalition board to evaluate issues, build relationships, communicate
goals and recommend engagement, said Eric Paul Leue, executive
director of the Free Speech Coalition.
United we stand, divided we fall.
Never has this been more true
than it is today
—Eric Paul Leue
“The pleasure products and adult entertainment community is a
diverse collection of producers, manufacturers, retailers, performers,
agents, and other industry professionals. To be an effective coalition,
however, it is crucial that we are able to address the myriad of
issues that affect our different members, and to do so quickly and
effectively. By creating committees within each industry that will
report to the board, we can better serve everyone in the coalition.”
Leue says that initial committees will be formed in the next few
months, beginning with Pleasure Products, Lubricant Manufacturers,
Adult Film, Live Content/Cams and Retailers. Committees will
meet once a month by conference call, and will be co-chaired by
an industry member and a FSC staff member. Participation on a
committee is open to all active members of the Free Speech Coalition.
Leue eventually sees a growing committee system as the key to
expanding FSC’s effectiveness in both public policy and industry
growth.
“An engaged membership can accomplish so much more together
than each of us can individually,” Leue stated. “United we stand,
divided we fall. Never has this been more true than it is today.”
Those interested in participating in a committee, or in
suggesting a new committee, should contact the FSC director
at eric@freespeechcoalition.com.