MINNEAPOLIS and DULUTH, MN -- First Amendment attorney Randall Tigue has filed a federal lawsuit asking for a temporary restraining order against Minneapolis and Duluth against enforcement of a new state statute as well as city ordinances in zoning regulations limiting locations for adult businesses. In the case of Minneapolis, Tigue argues that because of the combination of both state and local laws, there remains not a single square inch of space for adult clubs.

In Duluth, Tigue argues that a new ordinance is a zoning ordinance, and therefore it was unlawfully enacted because the city didn't follow the proper procedures under state law for a zoning ordinance.

"They have to refer it to a planning commission for a report and recommendation. There must be public notices and public hearings before the planning commission," said Tigue. "The city of Duluth followed none of those steps and so the adoption of the ordinance is clearly illegal."

Duluth's city attorney says he doesn't agree that the new measure -- which is written simply to subject live adult entertainment venues to the same restrictions as the city had already placed on adult bookstores -- is a zoning ordinance.

Randall Tigue must have plenty to keep him busy these days. He is also currently fighting in St. Paul for Jill Rasmuson, owner of R&R Books, who finds herself in a condemnation (eminent domain) process in order to make way for commercial development. However, in a “Catch-22,” the bookstore and arcade, which has been around since the 1970s, would not be able to relocate due to zoning laws that went into effect after the store opened preventing it from operating as both an adult bookstore and an adult video arcade.

In May, Tigue also won a significant secondary effects ruling in a case involving an exotic dance club in Minneapolis, (See X-Press report, “Another Shoddy Study Challenged,” 5/26/06)

Most recent information is from Myron Medcalf, Minneapolis Star-Tribune, 7/13/06
See also, Stephanie Hemphill, Minnesota Public Radio, 7/11/06

LIBRARY FILTERS AN ISSUE IN LOCAL POLITICS

PIMA COUNTRY, AZ -- The Board of Supervisors here has voted to spend $40,000 on privacy screens to be placed around Tucson-Pima Public Library computers as an interim measure while questions of whether to filter adult materials for adults are considered. Supervisor Ray Carroll, who advocates mandatory filtering on all computers, called the postponement an attempt to kill any further action on the issue and characterized the decision as “paying $40,000 so people can look at pornography at the library."

A majority of the supervisors, however, thought public meetings of an ad hoc panel including librarians, computer experts, First Amendment lawyers and law enforcement representatives should study the issue before a decision is made.

An editorial in the Arizona Star pointed to the obvious political aspects of Carroll’s position: “For a politician, the library porn issue is like fishing in a barrel: You just can't lose. Wrinkle your brow and declare that public money for libraries shouldn't be used to feed the prurient minds of those lesser creatures who get their jollies looking at touched-up pictures, and you've hit an instant 10 on the public outrage meter. As long as we don't think too deeply about what that means, we can pat our upstanding politician on the back and maybe even vote for him in the next election.”

Information is from Erica Meltzer, The Arizona Daily Star, 7/12/06

BROADCAST INDECENCY LAW UPDATE

WASHINGTON, DC -- Broadcasters and entertainers are scrambling to protect themselves from the absurdly inflated maximum Federal Communications Commission indecency fines under the new legislation passed by Congress and signed by President Bush in June. (See X-Press report, “Broadcast Indecency Bill Passes Congress,” 6/9/06)

Among the tactics used to limit liability, as summarized by Washington Post reporter Frank Ahrens, is liability insurance for entertainers. Comedian Ralphie May pays $22,000 a year for a $1 million policy which protects him from indecency fines and also includes protection against slander and lawsuit. The insurance company performed a risk analysis on him -- "to see where I was deficient," he said.

Radio companies are also engaging in “cover-your-ass” tactics. Clear Channel -- the industry's largest radio chain with more than 1,200 stations -- has reworked its talent contracts to include "indemnification language," according to Andy Levin, executive vice president for government affairs. Under the new contracts, if a Clear Channel host says anything that prompts an FCC fine, that host -- not Clear Channel -- is responsible for paying any fine.

In the meantime, according to Hollywood Reporter correspondent Brooks Boliek, the FCC, apparently not content to wait for viewer complaints in order to flex their new muscles with the huge fines, has requested broadcasters to provide a reported 30 tapes of live sporting events where the participants or the crowds may have let loose with an expletive worth a $325,000 fine during football games or NASCAR races.

The courts may have the last word in this ludicrous process. CBS and other broadcast networks and their affiliates have asked a U.S. appeals court to overturn FCC decisions that found broadcasters violated decency standards by airing profanity. (See X-Press report, “Update on FCC Fines Challenge,” 4/28/06)