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Federal Obscenity Busts Loom?

VCA owner Russ Hampshire, one of the five most powerful pornographers, could not make Ed Powers show Sunday morning because of family obligations.

I talked to Russ via telephone this morning (8/17/98) at 10:30. "Rob Black can do what he wants," says Hampshire. "Who am I to tell him what to do?

"I'm not embarrassed by what he puts out. I feel that these guys [Rob Black, Max Hardcore] will bring the heat down [federal government prosecution]… We've had a great run with non-interference from the government. The industry should police itself. We need some self-censorship.

"I read your thing where Rob talked about Greg Dark and Let Me Tell Ya Bout White Chicks. How long ago was that? 1984? Those things were acceptable then. But as the government cracked down [Meese Commission, etc], what did we do? We toned down because that's what the government wanted. So we're toning it up now until the government comes after us again, then we'll tone it down?

"I don't think you need degradation and rape scenes in films to sell them. I don't think his [Rob Black] stuff is immoral. We're not talking about child pornography or bestiality.

"I heard about the latest issue of Premiere magazine. I did not read it. It seems that these guys from Premiere came in with an agenda to saying nothing nice about anybody [in porn]."

Russ says that he's never threatened to withdraw his advertising from a magazine because of bad reviews. "When was the last time I got a Fully Erect from Hustler or four stars from Adam Film World? You have to maintain integrity in the business. Writers are entitled to their opinion. I've called magazines and asked them to re-review something because I thought it was a wrong review. And the guy re-reviewed it and still didn't like it."

Russ says he does not remember Film World Reports from Knight Publishing. "Didn't they [calculate] by going by the number of boxes printed?"

Russ says he's never put pressure on magazines to change their sales reports. "My product sells because I have a niche. I put out 'vanilla product' with a good storyline… It still sells.

"[Porn]… is getting harder… There's a market for it. If you put out hardcore bondage or bestiality or child pornography, there's always a market for it. It's unfortunate, but it is… I think people are looking at the short term and not the long term.

"So long as we comply with the unwritten laws about what we put out, as far as the degradation of women… I don't feel the government will bother us."

On June 10, 1998, the Office of the Deputy Attorney General (6/10/98) sent out the following memorandum to all United States attorneys on the subject "Prosecutions Under the Federal Obscenity Statutes."

"As you are well aware, within the past few years there has been increasing concern about the distribution of obscenity and child pornography both by traditional purveyors of "adult material" and in particular by those who distribute such material over the internet. As a result of this unprecedented growth, I wish to remind you of the Department's policies and priorities in the prosecution of federal obscenity cases.

"There are a number of federal statutes relating to obscenity and child pornography. See 18 U.S.C. Ch. 71 109 (A), 100 & 117. Because there are many state statutes prohibiting obscenity and child pornography, and obscenity in particular is determined by local community standards, federal investigation and prosecution should be undertaken in those areas where there is a need for federal resources. Thus, the Federal role in prosecuting obscenity cases should be to focus upon the major producers and interstate distributors of obscenity and child pornography, whiles leaving to local jurisdictions the responsibility of dealing with local exhibitions and sales.

"Thus, priority should be given to cases involving large-scale distributors who realize substantial income from multistate operations and cases in which there is evidence of organized crime involvement. However, prosecution of cases involving relatively small distributors can have a deterrent effect and would dispel any notion that obscenity distributors are insulated from prosecution if their operations fail to exceed a predetermined size or if they fragment their business into small-scale operations. Therefore, prosecution of such distributors also may be appropriate on a case-by-case basis.

"In particular, priority also should be given to large-scale distributors of obscenity over the internet. See United States vs. Thomas 74 F.3d 701… Because of the nature of the Internet and the availability of agents trained in conducting criminal investigations in cyberspace, investigation and prosecution of internet obscenity is particularly suitable for federal resources…"

On 7/2/98, Eric H. Holder Jr., from the Office of the Deputy Attorney General, wrote to Paul McGeady of Morality in Media, 475 Riverside, New York, NY 10115.

"I appreciated having the opportunity to meet with you recently to discuss the prosecution of obscenity cases. Your commitment to this important issue is commendable, and I fully share your concerns about the distribution of obscenity and child pornography, whether it is over the Internet or by more traditional purveyors of such material. I encourage you, and the other organizations with whom I met, to continue working closely with the Child Exploitation an Obscenity Section of the Department of Justice as we work aggressively to address this troubling problem.

"Based on the many insightful comments and observations made by representatives of the various groups who attended our recent meeting, I determined that it was appropriate for me to send a memorandum to all United States Attorneys reminding them of the Department's policies…"

Links from CNN:

U.S. Department of Justice

Christian Coalition

Morality in Media - An anti-pornography organization dedicated to "combatting the distribution of obscene material in the United States and upholding decency standards in the media."

The National Obscenity Law Center

The National Coalition for the Protection of Children & Families - A nonprofit organization that favors the CDA as part of a broader effort to reduce sexual violence linked to illegal and child pornography.

Family Research Council - A nonprofit, nonpartisan educational organization formed "to promote "the traditional family unit and the Judeo-Christian value system."

Concerned Woman for America - Founded "to protect the interests of American families and provide a voice for women who believe in Judeo-Christian values."

American Family Association, Inc. - A Christian ministry headed by Dr. Donald E. Wildmon.

Noelfr@aol.com writes on rec.arts.movies.erotica about the reported lawsuit initiated against Ed Powers by Jamie Gillis:

"The Dirty Debutantes series became what it is due to Ed Powers. His charm, as goofy as it is, and his knack for hiring girls that looked like the "girl next door", combined powerfully. His addition of Jake Steed as the "hired gun" (the Black stud), simply took the sexual intensity to the next level. No wonder DD led to New Ends, MDD, Global Warming, etc.

"Does any of this success due to Jamie Gillis? No way! In fact, the scenes that still highlight Jamie repulse me. The one that stands out to me the most is his work with Suzi Suzuki. It catches JG at his worst in terms of his interaction with women."

***

The LA Weekly's cover story this week is on porn's HIV outbreak. I talked this morning with a fact checker from the paper.

***

Asia Carrera's shooting a big movie for Adam & Eve this week.

From Morality in Media:

As you prepare for the 1998 White Ribbon Against Pornography (WRAP) campaign (Oct. 25 - Nov. 7, 1998), keep in mind that our highest priority again this year is "aggressive enforcement" of the Federal obscenity laws. During the

1992 presidential campaign, Bill Clinton wrote in a letter to MIM: "[B]e assured that aggressive enforcement of federal obscenity laws by the Justice Department particularly by the Child Exploitation and Obscenity Section will be a priority in a Clinton/Gore Administration."

The substance of this year's campaign must deal with the fact that the President still has not delivered on his anti-obscenity promise.

There are 93 Federal judicial districts in this country, each with a U.S. Attorney as the chief Federal prosecutor.

Among the 93 U.S Attorney districts nationally, there have been only 99 cases in which the lead charge was a violation of the federal obscenity laws (18 USC 1460-1468), for an average of just one-quarter of one prosecution per year per district. U.S. Attorneys in 53 of those districts failed to prosecute even one such case in those four years. Only 11 U.S. Attorneys initiated such a prosecution in fiscal 1996, down from 13 in 1995, 17 in 1994, and 16 in 1993.

This means that, in most districts, U.S. Attorneys have given obscenity violators a free pass. The 53 districts include these major urban centers: Manhattan, San Francisco, Chicago, Indianapolis, Miami, New Orleans, Baltimore, Detroit, Cleveland, Minneapolis, Boston, Kansas City, Pittsburgh, Nashvillle, Milwaukee. They also include the states of Arizona, Connecticut, Delaware, Idaho, Indiana, Iowa, Maine, Maryland, Mississippi, Montana, Nebraska, New Mexico, Oklahoma, Oregon, Rhode Island, South Dakota, and Vermont.

Adult Video News, the trade paper for the porn movie business, was so pleased by this record of non-prosecution that it endorsed Mr. Clinton for re-election in 1996 because of his "hands-nearly-off porn policy," as AVN put it. In a March 1998 article, "It's a Great Time to Be an Adult Retailer," AVN crowed, "The adult industry's numbers have increased nearly 100% in five years. With a more relaxed Justice Department, some retailers felt free not only to carry but also to market adult product."

With little obscenity law enforcement at the Federal level, the porn industry is prospering and the moral tone of the country has deteriorated.

On May 13, 1998, MIM General Counsel Paul J. McGeady, along with representatives of other pro-decency organizations, met with First Deputy U.S. Attorney General Eric Holder in Washington to urge that the obscenity laws be enforced. Prompted by this meeting, Mr. Holder sent a memorandum on June 10 to all 93 U.S. Attorneys, pointing out the need for Federal investigation and prosecution of obscenity cases.

From The National Coalition for the Protection of Children & Families:

"One doesn't need a moral micrometer to gauge the fact that the sex industry turned Times Square into a slum." - George Will

Communities across the country are reclaiming areas which, like Times Square, had been trashed by the side effects of sexually oriented businesses. The successful approach is to address the "time, place and manner" of operating such businesses. To be upheld, such zoning must be based, not on the "content" of what is sold, but on its effects on the area. However, communities do not need to provide specific local evidence of the harmful effects of sexually oriented businesses. Courts permit municipalities to rely on other communities' studies of harmful effects.

Increase in crime

Land use studies indicate that sexually oriented businesses encourage prostitution, increase sexual assaults and attract other criminal activity.

A land use study conducted in Garden Grove, Calif., found that crime increased significantly with the opening of an adult business or with the expansion of an existing business or the addition of a bar nearby. The rise was greatest in crimes such as homicide rape, robbery and assault.

On Garden Grove boulevard, the seven sexually oriented businesses accounted for 36 percent of all crime in the area.

A land use study in Austin, Texas, indicated that sexually related crime ranged from 177-482 percent higher in the four study areas than the city average. In the two study areas containing two sexually oriented businesses, the rate was 66 percent higher than in the study areas with one such business.

During an investigation of sexually oriented businesses in Tucson, Ariz., police officers found a wide variety of illegal sexual conduct at all of them. At virtually every such business, employees were arrested for prostitution or obscene sex shows. Underage dancers were found, the youngest being a 15-year-old girl.

In counties where pornographic bookstores have been closed, the rape rate has dropped precipitously.

Decline in property values

After a 10-year growth in the number of sexually oriented businesses (to a total of 68 on 43 sites) and numerous citizen complaints of decreasing property values and rising crime, the city of Indianapolis, Ind., compared six sexually oriented business study areas and six control locations with each other and with the city as a whole.

Homes in the study areas appreciated at only half the rate of homes in the control areas and one-third the rate of the city. Appraisers noted that value depreciation on residential areas near sexually oriented businesses is greater than on commercial locations. The report concluded: "The best professional judgment available indicates overwhelmingly that adult entertainment businesses-even a relatively passive use such as an adult bookstore-have a serious negative effect on their immediate environs."

Citizens who live near sexually oriented businesses say their greatest complaint is the nuisance associated with these establishments. These include emergency vehicles that arrive to clean up after brawls or police officers that show up during odd hours to investigate prostitution or health violations. In addition, citizens point to the amount of trash generated by sexually oriented business: used condoms and needles, which clearly pose a health risk to children or others.

Increased spread of sexually transmitted diseases

• Many pornographic bookstores include peep booths which feature "glory holes" in the walls between adjoining booths to facilitate anonymous sex acts. In many of these establishments, police officers find puddles of semen and other bodily fluids on the floors and walls. Public health practitioners maintain that these peep booths contribute to the spread of sexually transmitted diseases.

Michael Carpenter's last feature appeared from Sin City at the end of 1997, Limousine, shot for about $26,000.

"There's so much cheap catalog stuff out there that many distributors will only take that, and the stuff pushed by AVN. So regular guys who don't advertise have problems selling videos.

"I get about one job a year shooting for other people. I'd like to. I don't know why people don't hire me. Perhaps they want younger guys. And I'm not good at bulls---ting them. And I won't kick back money… I know at a couple of companies, guys who head production are getting kickbacks.

"I'm disturbed by the amount of hateful product. Box covers that denigrate women. 'I'm a cocksucking whore.' Couples won't watch that."

I talked to Michael in August of 1998. He was editing his latest release - Make The Bitches Beg. "This business has reached the point, unfortunately, where you have to come up with tougher and tougher titles. When you look at the things that sell…

"Make The Bitches Beg features women crawling around, begging for sex. It stars Felecia Ann, Temptress, Shelby Myne…

"The other thing that sells is when the director is in front of the camera… Ben Dover, Max Hardcore, John Stagliano… I have no plans at age 58 to appear in front of the camera."

Michael has just released How To Throw A Great Stag Party, featuring girls who've worked many stag parties telling stories about their experiences. "I think they're telling the truth. I'm not telling them what to say…"

Carpenter is finishing the editing of Ass Openers 18, a wrap-around compilation tape with one new scene starring Temptress.

***

John T. Bone tells me: "Rob Black's lawyer writes me a letter asking me if I have a contract still in force on Jasmin St.Psycho. Seems Rob put the bong down long enough to think that a contract girl might just have an enforcable contract. Acually Jasmin has eight months remaining on her contract, so I offered to sell the contract to Black for $1."

***

Richard Pacheco
reads to me over the phone his thoughts on the World Pornography Conference.

"…Three ragtag armies, the sex workers, the mental health professionals, and the lawyers, each defenders of the flower… each used to operating on its own, each reeling under the continued siege from the plague of AIDS which threatens us all, from the Christian fanaticism which would rewrite much of the US Constitution, and from the anti-sexual ravings of broken women like Dworkin and MacKinnon, whose well-organized rage threatens to unleash a torrent of censorship.

"Each of these three armies (sex workers…) straggled to Los Angeles to meet each other and hold a summit on the controversial subject of pornography. The end result…was that each group departed the conference feeling rejuvenated and energized... with a sense of more purpose and hope than many of the participants had felt in years."

Luke: "The conference featured the happy pornographers rather than a representative sample."

Pacheco: "Absolutely. When they show us the new Oldsmobile every year, they don't show us the ones where people died in car accidents. There are tragedies in life.

"One does not like to have to fight for the same ground [freedom] twice. It's like trench warfare in World War I. The longer I live, the more I realize that these things are never over. AIDS has revitalized the madness. If you take AIDS out of the equation, and we would not have any of this going on.

"The only strong argument for criminalizing porn is people being forced to do things against their will. Your freedom ends when my nose begins… If there are no victims in the crime, there is no crime. The point where we all hold hands and draw the line is, what do we do about the children? [Richard has three.] The key issue there is what's appropriate as they progress through life. Pornography is not a subject I've ever dealt with [with Richard's children], as in… 'Here's my view on this.'

"I don't lead with that information [porn] and rub it in people's faces, because that's inappropriate. There are other places where it is appropriate.

"In the back of my mind is your ongoing conflict with the industry with the industry about your crusade to expose people who don't want to be exposed.

"As a matter of human courtesy, it's wrong [to publish real names]. Where it crosses the line is the danger zone, where you put people's lives in jeopardy. There are serious nut cases out there. And when they find out where you live and what your phone number is, disaster can occur. And that's the danger from putting that information up on the public domain. If any of these kids get hurt, you should end up in jail. I hope that I'm making some dent on your conscience. I've certainly had to change my phone number any number of times from crazies trying to get a hold of me. You've put people in jeopardy for no other reason than for you to become a journalistic star."

Agent Reb Sawitz phoned Dirty Bob to get Mike South and his 'wives' fired from Video Excitement magazine. They had written that Reb's girl Timber was a hottie who did not get more quality work because her agent [Reb] was a "dumb ass."

Mike says Reb in years past tried to split him from Onyx and Sana Fey.

***

Jimmymac80@aol.com writes about the Traci Lords special on the E channel:

I really enjoyed the show. Nina Hartley's hair looked great.

The story they presented was interesting. However, it seemed like softball coverage of a story that has some interesting elements to it. E! seems to like to do sequences with porn stars (follow them around conventions and Cannes) so I think they were afraid of biting a hand that feeds them.

If they were to dig up dirt that showed people knew more than they said they did, it could send people to prison. I felt like they didn't follow some of the trails they uncovered.

For example:

It was strongly implied that the "older gentleman" that brought Traci to Jim South was her Mom's boyfriend. The idea that her Mom's boyfriend was involved in getting her into porn makes it seems very likely that Mom knew all along. Mom's derision to going on welfare makes it sound like she'd be happy that Traci was bringing in money.

The fact that Traci was such a natural when she walked onto a porno set implies that she was f---ing pretty hard and heavy prior to getting in the biz. Again, if Mom's boyfriend was the one who brought Traci to Jim South, it seems plausable that she was f---ing her Mom's boyfriend before getting into porn.

They didn't pursue this alley at all.

Traci's "audition" with Jim South may have included giving that geezer a blowjob. Posts in RAME have given me the impression that this sort of behavior may be his standard MO. Nothing along those lines was discussed. Jim South called himself "a bonded talent agent."

E! made it sound like Traci was just so amazingly clever that no one had any idea that she could possibly be underage. I think a more likely scenario is that people were suspicious that she was underage, but felt that their asses were covered because she produced a California ID.

Legally they can never admit this because their whole defense (that they didn't knowingly produce child pornography) is that they were clueless. Traci's defense is that she was high the entire time and can't remember doing anything. Traci's lie is the one angle they did ask questions about.

The sequence about how Traci's real age got discovered was pretty mysterious and melodramatic. E! said that it was an unknown caller (perhaps Traci herself) who told the FBI that she was underage. After the show, someone told me what really happened was that Traci told Jim South (on that plane headed to France) "today's my 18th birthday."

I got the impression that was common knowledge among porn insiders, but was left out of the show. I also got the impression that Traci didn't realise that just turning 18 didn't make her old movies legal. Hardly the mark of the brilliant teenage mastermind they were portraying.

One way to get answers to alot of these questions would have been to interview her sister (the one who was totally offended by Traci's involvement in porn). She might have been willing to spill her guts about what people really knew.

It's also possible that E! may have wanted to interview, but she wouldn't talk.

My last comment is if Traci is so sick of talking about all of this, why does she do all the interviews about it?