Kentuckians fire a new volley against porn
Raid on London video stores upholds community standards
From Kentucky Citizen Digest, Sept, 1997

Kentucky’s obscenity law is getting another workout. The law, which allows municipalities to regulate obscene material, is being used to enforce local values in one Kentucky community.

In July, police and sheriff’s deputies confiscated hundreds of videotapes and sexual items from two Laurel County stores, setting up another test of the state’s obscenity statute.

The ACLU, ever vigilant in protecting the rights of pornographers, protested the action. “You’ve got to question whether it’s appropriate for police to be regulating what people view in the privacy of their own homes,” said Everett Hoffman, the executive director of the Kentucky chapter.

In reality, the state’s obscenity law has little to do with what goes on in private homes. The statute addresses only commercial transactions that occur in public.

According to Laurel County Attorney Elmer Cunnagin, two stores were raided: Fantasy World located within the county and Pryme Time Video on Main Street in London. The actions were prompted by complaints from residents, according to London police and the Laurel County sheriff’s department.  The two agencies assisted each other in the raids.

At Pryme Time, officers confiscated as many as 900 X-rated videos, in addition to sexual devices. Law enforcement officials took action after purchasing sexually explicit items from the stores and presenting them to District Judge John Knox Mills, who issued search warrants for the two stores.

Cunnagin said the stores’ proprietors each face one count of selling obscene matter.  Additionally, Pryme Time’s owner is charged with possessing obscene matter. Fantasy World faces an additional count of promoting obscene matter.  Cunnagin hopes to amend the complaints to include a count for every tape confiscated.

While he could not directly tie the stores’ presence to crime in the area, he has little doubt that they have a detrimental effect.

“It’s a slippery slope heading all downhill.  Once a community allows [obscenity] it creates an atmosphere where people have no boundaries,” said Cunnagin.

The cases will be tried separately by the same judge, pending the recusal of another judge who is familiar with one of the defendants.

The Fantasy World case is scheduled for a pre-trial hearing on August 26.  The prosecutor is not expecting an easy fight; the defendant has sought the legal counsel of a Nashville firm experienced in obscenity cases.

In light of the raids, London Mayor Ken Smith and the city council will be considering recommendations from the American Center for Law and Justice on a comprehensive ordinance that will represent community standards.  The mayor envisions regulation of pornographic videos and magazines, nude dancing, and other aspects of the sex trade.

There is hope that city and county officials can hammer out a countywide ordinance.  A London city regulation will not have power outside its city limits.  Fantasy World is located just over the city line.

Smith feels the action is needed to enhance the city’s image.  “We want a clean, good community here in London, where you can raise a family.”

The actions in Laurel County mirror those of an earlier pornography fight in the state. In 1989, after a Boyle County citizen’s group conducted a community-wide pornography awareness campaign, local law enforcement officials brought charges against four stores. Three of the stores were found guilty of violating the state’s obscenity law, and one case ended in a mistrial. The store in the latter case agreed not to carry obscene material in the future.
 

Key Family Foundation Contacts: Kent Ostrander, Executive Director Martin Cothran, Senior Associate Policy Analyst