If one was to look in a thesaurus for a synonym for the word hypocrite one would not find the words “Republican politician or their supporters.” Yet, if one thing has been shown during this political year is that the Republican politicians and their supporters in the media are probably the biggest hypocrites this country has ever seen.
First of all, there’s John McCain running under the platform that he’s there to bring change. Yet, this same so called maverick acknowledges that he supported George W. Bush more than 90% of the time and did not disagree with George W. Bush on any major policy decision. He also was a Washington insider as the term in called, for the past 26 years. Therefore, the audacity that he has running under a platform of change when he is an agent of the same is nothing short of hypocritical.
Lately there has been a focus on the American economy. McCain is now running around telling anyone that will listen, and unfortunately a lot of people do, that it’s time to reign in Wall Street, the bankers and the insurance companies. Yet, the same John McCain has called himself in the past a deregulator and believes in little regulation on Wall Street, the banks and the insurance companies as is proven by his record. Again, hypocritical talk.
Senator McCain has stated point blank “that he’d rather win the war and lose the election.” Meaning by this that National Security is his number one priority and he would gladly give up the presidency to ensure the same. Yet, who does he pick as his running mate? A hockey mom from Alaska whose only self stated foreign policy experience is that there are places in Alaska where you can see Russia. His comments that he would rather win the war and lose the election obviously another hypocritical statement and a boldface lie. Out of the 320 million people that live in the United States, no one can say that Sarah Palin should John McCain die during his term would be the best suited to ensure this Country’s safety.
Then there is Sarah Palin herself. Ms. Palin championed the fact that here pregnant 17 year-old daughter chose to keep the baby. Yet, if Sarah Palin has her way no one even her own child will be given the choice. Rather, abortions will be illegal and every unwed mother, including those whose pregnancy is caused by rape or incest will have to carry their child to full term. Talk about the hypocrisy.
Also, Ms. Palin with her down syndrome baby has stated on the campaign trail at she wants to be an advocate for those people with special needs. Again, the hypocrisy is almost laughable, because as Governor of Alaska she cut back by half the spending on the State’s Special Olympics Program.
Ms. Palin also touts her fiscal responsibility, her opposition to the bridge to no where, and her doing away with frills as governor of Alaska. Yet, the record is quit different. Ms. Palin left the town of Wasilla 22 million in debt although it had a surplus before she became Mayor. Ms. Palin charged the State of Alaska for 320 days of expenses on a per diem basis, for the times that she spent in her own home in Wasilla as Governor. Further, fugal Ms. Palin put in a tanning bed in the Governor’s Mansion at the tax payers expense. And as to that bridge to no where, Governor Palin championed it until it became such a political hot potato that she abandoned it and then now claims that she told the United States Government “Thanks, but no thanks.” Hypocrisy apparently is her middle name.
But the hypocrisy on the Republican side doesn’t stop there. No, it even extends further to their minions in the news and political commentators that will say anything to keep Republicans in office. For example, a hero has been made of the boy who knocked up Sarah Palin’s daughter. When he landed in Minnesota at the Republican convention, he was greeted by John McCain. The party that believes in family values now makes a hero a boy that knocked up a 17 year-old girl. The party that believes in family values, somehow now champions Sarah Palin as a great American woman, although she has five children, one with down syndrome, one with baby in the body and yet it is now the American family value that she not be there for her children, but rather be in Washington. And prior to that on the campaign trail leaving others to tend to the down syndrome baby and the unwed mother.
When Jamie Lynn Spears announced that she was pregnant, Bill O’Reilly on his broadcast in essence said that the blame lyes with the Mother for the frailties and pregnancy of her daughters. Yet, that same Bill O’Reilly now says it’s totally unfair to cast any negative aspersions about the mothering of Sarah Palin because of the daughter’s pregnancy. No political commentator on the right has chosen to see the hypocrisy of making a hero out of an unwed mother and the boy who is going to marry her as opposed to their normal way of thinking that an unwed mother means a lack of family values being handed down.
Yes, hypocrisy and the Republican party and their minions seem to go hand and hand. However, there’s a good chance that these same hypocrites that have been destroying the country for the last eight years will be given another four years to do so. Why? Because not only are the Republicans hypocrites, but we as Americans may be just the same. On paper, given the past 8 years, there is no reason why any Democrat should not win this election. However, the man running for Presidency under the Democrat banner is black and although we pretend that race doesn’t matter, that the color of someone’s skin does not matter, that all that matters is merit, if Borack Obama was not black the race would not even be close. Yes, America the Republicans are hypocrites. But only this election will tell us whether the rest of us deserve to be called the same.

BENJAMIN & AARONSON represent many adult businesses in Florida and Nationally. They can be reached at 954•779•1700 for consultation. If you are an attorney or business owner and would like to contribute information to this column please call.

Of all the forms of speech that are protected by the First Amendment of the United States Constitution, political speech demands and receives the highest form of protection.  It is what allows Barrack Obama and John McCain to chastise each other, to comment on policy, to express their values, and to state why they are the best man for the job.  It is what allows commentators on the right such as Rush Limbaugh and Sean Hannity and those on the left such as Keith Olbermann and the folks on air America to critique the candidates on a daily basis and give their opinions as to the validity of the various arguments and the various positions.
Although this campaign for the presidency seems to have been going on for decades in actuality it has actually been years.  The First Amendment allows for the campaigning to begin before there is even a campaign.  It is what allows there to be that political “mud slinging” as they call it or the new term “negative campaigning.”  It is what allows you to discuss the issues and who you support with your friends and argue with whom you disagree.  In essence, without the First Amendment our right to choose who we wish to lead this great country would just be a hollow promise, because no one would really know who they were voting for.
Yet, it is that same political speech that abuses the First Amendment.  It is that same political speech that allows lies to be told in the name of opinion and allows mischaracterizations to be spread in the name of perception.  It is that same First Amendment that allowed the swift boating of John Kerry and allows most recent book about Barrack Obama to be filled with inaccuracies that border on slander.
As we become more and more internet savvy, hand held computers, 300 television stations, satellite radio, and other forms of mass communication we become inundated with First Amendment protected speech to the point where we no longer no what is true and what is false.  We get inundated with so much information that it becomes a blur causing us to pick and choose what we believe, usually based upon who is telling it to us.  It has caused us instead of becoming more informed, possible becoming less informed.  With so much information coming at us from all different directions the tendency is to shut off those that we do not agree with and to only listen to the ones that we believe who are already speaking our thoughts.  Because of this we have become more and more polarized we find ourselves sitting in different camps.  No longer do we read the newspaper and believe that we are being told the truth.  Rather now we read the newspaper wondering what political slander are we being given and by whom.
However, the converse also occurs.  If we are not inundated with it, if we are not hit over the head with it, we have now gotten to the point where we believe that it did not exist.  We have been told that John McCain is a war hero.  We have been told that so many times that in fact John McCain is a war hero.  Yet, John McCain’s claim to fame is that he got shot down in an airplane and was captured.  We have not been inundated and hit over the head with the fact that he did by some accounts while in captivity make statements that were anti-American.  If these claims are true they may be understandable given the torture, but it does not make him a hero. No, John McCain is a war hero and therefore that part of his captivity is not spoken about.  Therefore, it did not occur.
On another note, John McCain runs on family values.  Yet, how many of the people out there know that when he came back from Vietnam he divorced his first wife who had been in a car accident and was not the bathing suit model that he had married.  How many people know that he chased Cindy McCain around the country while married to this woman that had been in a car accident and planned his marriage to Cindy while still married?
No, the presses chose not to inundate us with those facts.  They have chosen for whatever reason to allow this side of John McCain’s past to be in the past.  They have decided that his war hero status and his family value status shall remain.  So, with all that information that the First Amendment allows you to receive and to hear.  With all that technology that inundates you with so much information, facts like these although out there get covered up by the endless drivel that comes out of the campaigns and their surrogates.
Yes, the First Amendment allows everyone to speak.  Yet if everyone is speaking at the same time is anything heard?  If everything is being said the important things lose importance.  Yes, the First Amendment is a beautiful thing it allows freedom of speech.  However, with all that speech most Americans have lost the ability to hear.

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For the past two years we have periodically written to you about the two bookstores within the City of Lauderhill, that the City classified as adult establishments and tried to close down. The first establishment, University Video Enterprises, Inc. was only shut down for amatter of hours by the City, while Thee Fantasy Shoppe II was permanently closed.
Both entities filed suit against the City of Lauderhill. In the case of University Video Enterprises, Inc., their suit involved an injunction to keep them open and not have the city’s adult entertainment code applied to them, while challenging the constitutionality of that code. As to Thee Fantasy Shoppe II, since they had been permanently closed by the City, their suit involves damages along with a declaration that the City’s Adult Entertainment Code, licensing requirements, licensing suspension revocation hearing and zoning were unconstitutional.
In the case involving University Video Enterprises, a settlement was reached with the City approximately eight months ago where University Video Enterprises was not going to be classified as adult entertainment and was going to be allowed to continue to operate in the manner that it had been. Further, University Video Enterprises, Inc. received attorneys’ fees for their troubles from the City.
Since Thee Fantasy Shoppe II was suing for damages, this case has not been settled. However, on June 27, 2008, the Honorable Joan A. Lenard, United States District Court Judge granted most of Thee Fantasy Shoppe II”s Motion for Summary Judgment. In her ruling, Judge Lenard found for Thee Fantasy Shoppe II on numerous grounds.
Judge Lenard found that the City’s adult entertainment licensing scheme was unconstitutional as it vested too much discretion in the City officials and allowed for unacceptable delay by the City in granting a license. Further, the City requiring that adult entertainment be located in an I-1 zone was also unconstitutional as a special exception was needed to located in the I-1 zone. Judge Lenard found that the requirements of the special exception also gave the City too much discretion and also allowed for unacceptable delay.
The Court also ruled on the City’s requirement that the proposed establishment not be inviolation of any provision of the City’s Code, or any building, fire or zoning code, statute,ordinance or regulation. The ruling as to this matter was that this was also unconstitutionalbecause it would allow the City to decide which statutes or ordinances it wanted to apply to adult entertainment and allow the city to make the unilateral determination whether those codes or statutes had been violated. In addition, other provisions of the licensing scheme were also declared unconstitutional.
Judge Lenard also found that the defects in the licensing scheme for adult entertainmentwere so pervasive, that she was unable to sever the unconstitutional parts and leave remaining those parts that were constitutional. Rather, because of how pervasive the unconstitutional parts were, she declared the entire licensing scheme unconstitutional.
Although Judge Lenard ruled on behalf of Thee Fantasy Shoppe II, on almost all grounds, she still has set the issue of damages to be determined through mediation. If mediation does not come to a resolution of the matter, then a trial will be held on the issue of the proper damages. Regardless of the amount of damages, Thee Fantasy Shoppe II should also be awarded attorneys’ fees.
Lastly, on due process grounds, other than First Amendment grounds, the Court ruled that the City’s suspension revocation of business licenses prior to a hearing being held was also unconstitutional. The Court noted, that the City’s interest in closing businesses that did not have licenses or valid licenses according to the City, was overshadowed by the business’s rights to have a due process hearing before their businesses were taken away.
We will keep you informed of what transpires as to the damages part of this case in the upcoming months. However, in early September, Club Eden is scheduled to go to trial on its challenges to the Town of Davie’s zoning, licensing and adult entertainment scheme. Many of the arguments ruled on by Judge Lenard in Thee Fantasy Shoppe II are similar to those presented in the Eden litigation. We will keep you informed of what transpires in that litigation as that comes to past.

Last month, we had the wonderful oppourtunity of being co-councel with H.Louis Sirkin and Jennifer Kinsley from Cincinnati, Ohio and Jeffrey Douglas from Santa Monica, California. Our clients were Paul Little a/k/a Max Hardcore and Max World Entertainment, Inc. The trial was an obsenity presecution of Mr.Little and Max World Entertainment, Inc. for Five video clips on the internet and Five DVDs sent to Tampa. The trial was held in Tampa in front of United States District Court Judge Susan Bucklew.
Unfortunately, the verdict did not go as we hoped that it would. After one and a half days of deliberations and the jury sending a note back that they were hopelessly deadlocked, the jury ultimately returned a verdict of guilty on all counts. The material was not the ordinary run of the mill pornography, but rather consisted of anal and vaginal fisting, peeing in women’s mouths, gagging on cocks until there is vomiting, blow jobs with vomit still on cocks along with role playing pretending that the actresses were under the age of 16.
Regardless of the content of the clips and DVD’s, obviously the verdict was quite disappointing. What was not disappointing however was the camaraderie between the attorneys involved in the case, the cooperation and the team effort. Very rarely does one get the oppourtunity to be a part of a defense team with such talent and yet no egos needing to be assuaged or catered to.
A motion for new trial has already been filed in this case. While the verdict was being read, we noticed that one of the jurors was crying continually. Later, that jurer along with two others showed up at our hotel having been informed by the press where we were staying, and poured out their hearts to us. They explained from the get go that there were nine people in favor of guilt and three of them in favor of not guilty. They further explained how they tried to hold out, but eventually got beaten down by the shear numbers of the opposition. Lastly, we were informed that one of the hold out jurors had been fired in the middle of her deliberation because of her jury duty. It was obvious to us, that the losing of her job as a single mother of two caused this strong women not to be able to hold out against the odds and the forces of the others.
But, because she was fired, and we as the defense team were not informed of this although the judge had been informed of it during the deliberations by the juror, we believe that this may be grounds for a new trial. In addition, there are additional grounds for a new trial or a reversal on appeal.
During the trial, one of the jurors was approached by a U.S. Attorney who did not realize that he was a juror, and was chastised because the juror was going back to the courtroom to see porn. Another juror sent a note asking if they could not be required to view all of the material although the matter must be taken as a whole. We attempted to have the judge question this juror as to this juror’s beliefs and actions and whether he tainted the other jurors. the judge declined. All in all, we believe there were at least three grounds with the jury that shout out for a new trial or reversal.
One never knows why a juror decides the way they do. Further, one never knows where one went right or wrong when trying a case. However, upon reflection there is very little that we can say that we did wrong and believe truly that we tried a good case. The jury pool that we had consisted of jurors from Lake County, Paso County, Manatee County and the Tampa Area. From our conversations with the three jurors that approached us, apparently some of these jurors made their mind up quickly in the process and there was nothing that we would be able to do or say that would have changed there minds. Sometimes, the jury pool that you get to select your jurors from are ones that really don’t give you a fighting chance to win.

BENJAMIN & AARONSON were out of town and unable to send an update this month.

Growing up it always seemed strange that when reading accounts or listening to stories from other countries that those foreign media had vested interest in the story. There would be a story about what was going on in the Soviet Union, only for you to find out that the story was written by a newspaper that had ties to the Communist Party. Or, you would hear it was agovernment sponsored news agency. Other times, a story would be broken by an entity that reported that it was aligned with the opposition party in some country. Sometimes and only rarely, would you hear from these other countries that the story was accounted by an independent journalist.
With degrees in journalism and mass communication, and being taught that the truth is the truth and political bias, religious bias, moral bias or any other type of bias did not belong in the accurate reporting of the event these foreign accounts always bothered us. In fact, the role ofthe journalist whether in print or an electronic media was the accurate account making sure no personal opinions skewed the accuracy.
Yet, if there is one thing that this election for President is teaching us, is that we are no tso far different from those second and third world countries as far as the media and the truth ofthe story being told. If that was not the case, the news on FOX would virtually parrot that on NBC which would be so similar to that on ABC which would be nearly identical to that on CBS or even CNN. However, on any given day, the same events are reported so drastically different and no longer is the truth the truth, but rather we have FOX truth, NBC truth, CNN truth, etc.
Even worse than the spin on the different news stories by the different news agencies, is the fact that by and large different news agencies have decided to adopt or be adopted by the different political parties and various wings within them. FOX news has become nothing more than a cheerleader for the Republican Party and the current administration. Yet, even during the primaries, before Grandpa McCain was chosen as the Republican nominee, Rudy Giuliani was given a pass by this station. In fact, Giuliani was trumpeted by FOX news as the new savior ofthe country. Only after his campaign went up in flames did FOX news then leach on to JohnMcCain as their new hero de jour.
Not to be out done, NBC and specifically MS-NBC, became the anti-Bush network and certainly with more of a bent towards supporting the Democrats. However, NBC and MS-NBChave taken their lack of impartiality to new heights. MS-NBC has virtually become the Obama campaign headquarters with rarely a negative comment about the Senator from Illinois and hardly a positive comment about the Senator from New York.
The radio waves have been no different, from Rush Limbaugh to Shawn Hannity to Michael Savage to the rest of the clowns on the far right, they have circled the wagons around John McCain and have become an arm of his campaign. Not to be outdone, Air America the progressive radio network, has become nothing less than Obama cheerleaders, with every action that he makes being justified and with every slip that he makes being trivialized.
There are no two people in this country that support FOX news, MS-NBC, Air America and the right wing loons’ right to speak as they wish, to back who they desire, and to trumpet who they desire to win more than us. After all, isn’t that the essence of freedom of speech, press and democracy. But it is time that these news organizations were honest to the listeners and to those that don’t listen. It is time that they acknowledge that they have left the journalistic tracks and instead are agenda based. It is time that we Americans realized that our media has slipped into third world nation status and the truth be damned as long as there is good spin.
Years ago, Walter Cronkite was voted the most trusted man in America. Few people know that in that same poll Harry Resoner was voted number two. Both of these journalists, anchormen because of their objectivity and allegiance to the truth and facts were regarded in high esteem not just by one segment of the population but by the population in general. Now a days, it would be laughable to think that any of the nightly news people or the so-called journalist on the cable networks would be thought of in that esteem. Certainly some would be trusted by those that agree with their political affiliation, while probably even a greater amount would distrust them because of that same affiliation. Walter Cronkite was trusted by the American people because he earned it. The clowns that we listen to on the right and left on a daily basis are not trusted by the majority of the American people because they have earned that also.

Last weekend we attended the EXXXCOTIA Convention at the Miami Beach ConventionCenter. For Benjamin & Aaronson, it was a time to see some old friends and make some newones. Most aspects of the adult entertainment industry were present in some form or another. New porno stars, veterans, distributors, club owners, and even our friends at Xcitement magazine were displaying nubile young things covered only in delightful body paint or other skimpy attire! Merchandise made of everything from glass, leather, metal, and gel were sold. Thousands of fans were ogling at the adult wares.
The Miami Beach Convention Center collected mega money from the promoters of EXXXOTICA and we bet that they stuffed hundreds of thousands of dollars into the coffers of the City of Miami Beach. In an elegant office surrounded by pictures of himself and hundreds of the famous people who have befriended him, sits Leroy Griffith who owns and operates”Madonnas” and has been involved in the adult entertainment industry since before most of you were born. Leroy is quite frustrated. His club has nudity, but it not allowed to serve alcohol. Those same city officials who stuck their treasury fat from the proceeds of the EXXXOTICA convention will not allow Leroy to serve alcohol and have his entertainers perform nude on the same Miami Beach.
It is hilariously ridiculous but understandably not so funny to Leroy. Here, in one of the great convention cities in America, it is OK to look at tintalating flesh in the Convention Center, but not on the stage at Madonnas should he serve alcohol.. What a crazy place! Those stubborn city officials don’t realize that a nude club with alcohol on Miami Beach would do more to attract more convention groups than possibly any other attraction other than the sand that Miami Beach could offer.

We have made no secret about the fact that come November 2008, regardless of who is the Democratic nominee for the President of the United States, we will be voting for that person. However, unlike us there seem to be many voters out there who are ardent supporters of Barack or Hillary that may be less inclined to vote for the other one should that one get the nominee. Part of the frustration and lack of commitment to whomever the Democratic Party nominee is stems from the bitter primary battles between the two along with “super delegates”.
First of all, what are super delegates? By and large super delegates are party officials,elected officials and party insiders who have spent years and years of their lives working for the party and who have not shied away from having the “D” next to their names when being introduced or being spoken about. They have donated their time, money and energy to the Democratic party unlike most of us whose only link to the party comes when we cast our vote every two or four years depending on the person.
Do super delegates serve a purpose? For the skeptical, the obvious answer to this question would be no. They would opine that the majority should rule and therefore whom ever gets the most amount of delegates after all of the primaries and caucuses are had should be the nominee. They would further clarify that response by stating that even if one candidate was to get more delegates during the primary process, that should the other candidate get more of the popular vote then super delegates might be allowed to vote for the candidate with the higher popular vote. They would emphatically state that should a candidate receive more delegates and more of the popular vote then that candidate must receive the super delegates votes.
This position seems to be very logical and one that the political commentators and certainly the Obama supporters who leads both in the popular and the delegate count hasespoused. However, that point of view is a little shortsighted.
Super delegates do and should play a role in the nomination process. Although Barack Obama has won many more states that Hillary Clinton and although he leads in both the delegatetally and the popular vote, the super delegates still should have a role in whether or not he is the nominee. Barack Obama has won many primaries in states that have not voted for a democratic nominee in decades and some for over half of a century. In some of these states not only have independents been allowed to vote, but in some Republicans have been able to vote in the Democratic primary. Therefore, Barack Obama is leading his charge to the Democratic nomination based upon votes from people outside of the party from states that he won’t and cannot carry in the general election. The question that needs to be asked, is whether an independent voter from Idaho which will not be carried by the Democrats in November should have more of a say as to who the Democratic nominee is than a super delegate who has devoted their adult life to the Democratic party.
That is not to say that crossovers have not helped Hillary. As widely reported in the newspapers, Rush Limbaugh and other extreme right wing Republican propagandists have mounted a campaign to urge Republicans to vote for Hillary in the primary because they believe she is more likely than Obama to lose to McCain in the general election.
When we watch the tallies of states that are going red or blue during the general election, there are numerous states that will be painted red the moment the polls close in those jurisdictions. These are states that whomever the Democratic candidate is, the Democrats willnot carry. Isn’t it the role of a super delegate to analyze where each candidate’s support comes from and then determine whether that candidate has a better or a worse chance than the other candidate in succeeding in November? In essence, what good does it do the Democratic party to have a candidate that appeals more than most Democratic candidates do to those people in Wyoming, Utah, Idaho, etc. when those states will not reap one electoral vote for the Democraticparty.
The Democrats can only win the White House by carrying California, New York, New Jersey, Ohio, Pennsylvania, Michigan, Illinois, the New England states, Wisconsin, Minnesota,Missouri and Florida. These are the traditional Democratic states with a couple of swing statesthrown in. The Democratic candidate that will win the election in November, is the one that hasthe best chance of capturing, if not all, most of these states. Therefore, does not a super delegate have a duty to the party to analyze where a candidate’s delegates are coming from? Does not a super delegate have a duty to the party to analyze whether the candidate is truly the choice of the Democrats in the country as opposed to Republicans or Independents that have been allowed tovote in selected states’ primaries?
Not only do the super delegates need to keep in mind what has been stated above, but they must also keep in mind that the Democratic nominee can only win in November ifIndependents vote for the Democratic nominee. Therefore, the super delegates must also take into account the appeal, and in this case Barack Obama who seems to have the ability to get support across party lines better than Hillary Clinton does. Should these swing voters be in the pivotal states, then a super delegate must take that into account also. Because Michigan and Florida have been disenfranchised by the Democratic party formoving their primaries up the calendar, many in the Obama camp have been espousing themantra that you don’t change the rules in the middle of the game. What they mean, is that at the time that the people from Michigan and the residents of Florida went to vote, they knew that the party was not going to accept their delegates because their primary dates violated party rules. The Obama camp argues that these rules were put in place before the voters voted and there fore that’s the way it should be.
Using this logic, no one then should complain if the super delegates are the ones that tip the balance of the scales in favor of either Obama or Clinton. The super delegates structure was set up well before there were any primaries. Who were the super delegates and where they came from was determined well before the first primary. All that were running for the Democratic nomination to the Presidency knew of the super delegates before they threw their hat in the ring.
Therefore, no one should complain if the super delegates vote the way they desire, ratherthan for the one that has the most popular votes or the most delegates. That’s how the rules wereset up before the game began and to dictate that they must vote for the one that has the most delegates or the most popular votes would be simply changing the rules in the middle of thegame. As the Obama supporters say, “That shouldn’t be done”.

For too many years we have been imploring those of you who read this column to join ACE, the national organization for adult clubs and cabarets. For the past couple of years we have been imploring those of you who read this column to join the Florida SEA, which is the state organization made up of adult club and cabaret members. We have even implored those of you that own adult bookstores or who believe in adult entertainment to join Florida SEA. Some of you have actually followed suit and have joined while most of you have still remained on the sidelines not wanting to be involved.
The purpose of organizations such as ACE and the Florida SEA are to make sure that adult entertainment survives, is not vilified in the press, is organized, and stands a chance to fight against our repressive enemies. On the local level, Florida SEA attempts to protects your rights and freedoms in a number of ways including the hiring of a lobbyist in Tallahassee to prevent legislation that will destroy our industry.
As said above, a few of you have joined and have donated. Most you however have sat on the sidelines. Most of you have the belief that I can do it alone or when the time is right, I’ll join. Well, to those do it aloners or I’ll join when the time is right people, now is the time to join.
Currently in front of the Florida House of Representatives is Bill HB1151. Although the Bill has many provisions that are quite draconian, there is one provision in the Bill that is meant to put a dagger in the adult entertainment business. Section 11 of the Bill creates Section 796.10 of the Florida Statutes entitled “Violations by a Business Entity; Sanction”. For the purpose of this Section, if you own a business, you are covered by this Section. The Bill further covers any violation of Chapter 796, Florida Statutes. For those of you who do not know Chapter 796 deals with prostitution, lewdness or assignation. Most of you already know what prostitution is, but lewdness is defined as any indecent or obscene act and assignation is an appointment or the making of an appointment for lewdness or prostitution.
This provision of the Bill allows a Court if the business is convicted of any part of Chapter 796, therefore of any offense relating to prostitution, lewdness or assignation, to order(a) a dissolution of the organization or the reorganization of the organization; (b) suspension or revocation of any license including occupational licenses, permit or approval granted to the business entity by a state agency. (This could certainly mean your alcohol license); ( c) The surrender of the business’ charter; and (d) the forfeiture of any property, real or personal,including money used in the course of, intended for the use in the course of, derived from, or realized through conduct in violation of a provision of Chapter 796.
In essence what this Bill allows is that if on your premises there is prostitution or lewdness or assignation, and the business is convicted of it the Courts will have the power to shut you down, to take away your liquor license and to take away your money and assets used or derived from the business. In practical terms, if a business is convicted of allowing a dancer to perform lewdly or commit lewdness, then the business can be shut down and all of the assets taken.
We have only mentioned lewdness, because it is the easiest under Florida law for the State to prove. Lewdness is defined as any indecent or obscene act. In order to be convicted of lewdness the act must be of a sexual nature offensive to one or more persons present. Unfortunately under Florida law that person can be a police officer. So, in essence a dancer can get on stage, a police officer can find it offensive, the police officer can arrest the dancer and charges could be brought against the business for allowing said conduct and if convictions are had, the business can be taken away.
It is because of Bills such as this one that not only seek to protect the innocent youth from the evils of prostitution but also attempt to curtail adult and First Amendment freedoms that organizations such as the Florida SEA exists. It is because of Bills such as this one that the Florida SEA needs membership and needs dues. Because with the membership and with the dues, we have the ability to have a presence in Tallahassee so that Bills such as this one die in committee, do not get to the floor for a vote or are amended in ways that make sense for the purpose for which they were drafted.
So, if you are ever going to join the fight for your freedoms and rights; if you are evergoing to take part in the battle against those that would repress our freedoms and our businesses, now is the time. Many of you have no problem spending thousands of dollars over a weekend on a good time or thousands on a vacation, yet when there is a call for money in order to protect your rights and freedoms somehow the money is not there. It is time that we stop being pennywise and pound foolish. It is time that we stopped expecting the other guy to fight our fight. It is time that the entire adult industry in the State of Florida banded together under the Florida SEA so that we have a fighting chance of keeping legislation such as this from becoming law.