X-rated porn at city-owned theater incites debate
Lexington's Urban City Council rejects motion to review issue
From Kentucky Citizen Digest, January/February, 2000

Many Lexingtonians thought the renovation of the city’s Kentucky Theater meant the end of pornographic entertainment in the heart of downtown — especially when Fred Mills, chosen as the theater’s manager, emphatically asserted that he would not show X-rated films.

Yet the pornography industry has been no stranger to the theater — also home to movies, concerts and other cultural events — since Mills’ statement in 1986. And when he chose to advertise and show an X-rated film in November, one of Lexington’s own council members had something to say about it.

Scott Crosbie, Urban City Council member-at-large, held a press conference in which he urged the theater to stop showing the movie.

According to Crosbie, a pornographic movie at a publicly owned theater in downtown Lexington would contradict the work the Council has done in regulating massage parlors, strip clubs and escort services.

Mills’ showing of the film, Disco Dolls in Hot Skin, in a theater owned by taxpayers, “makes government a distributor of pornography,” Crosbie says.

Crosbie urged the city council to simply review the contract of the company that manages the theater. He recommended that until the contract comes up for renewal, the council should prohibit X-rated films there.

But on Nov. 16 the group voted 11-4 against even a review, saying it was inappropriate for the council to regulate what is shown at the theater.

Opponents of the film’s showing, though, cited the fact that the city is still paying for the theater’s renovations and that it also receives a percentage of its income. They applauded the council’s actions on previous issues regarding other sex industries in Lexington, and wondered at the seeming change of stance.

Lexingtonian Leslie Littrell stated at the council’s meeting that the members “have a responsibility to keep our community a respectable place.”

Crosbie has been criticized by those who say his move threatens violation of their First Amendment right of freedom of speech.

Crosbie disagreed, retorting that the First Amendment would not, in fact, be violated. Rather, Crosbie says what would be violated if such films continue to be shown at the theater is basic common sense.

“If people want to indulge in viewing pornography, they have every right to do so. Go to the adult section of a video store and view it in the privacy of your home,” Crosbie said. “Not a publicly owned and government-subsidized theater.”

Crosbie and many other Lexington citizens also disagreed with the negative image pornographic entertainment gives to downtown, as well as the advertising tack taken by the theater.

College newspapers displayed ads that promoted the film’s sexual nature and called the students to “Bring a towel.”

The negative image the film brought with it also included liquor violations, as well as counts of disorderly conduct. Mills was cited for distributing obscene material Nov. 13.

Later that day, police seized the film, using a subpoena from Fayette County Attorney Margaret Kannensohn’s office. It was taken as evidence regarding the liquor violation related to the film’s showing.

The film’s return was ordered by Fayette Chief Circuit Judge Mary Noble, however, after the theater filed suit Nov. 14.

Noble ruled that the film was of questionable value to police investigations and said its confiscation would cause “irreparable” harm to the theater’s profits.

Fayette District Chief Judge Kevin Horne dismissed the subpoena, saying that under the Fifth Amendment, it is unconstitutional to require that a defendant produce evidence that would incriminate himself.

Mills faced an arraignment on Dec. 6 in which the case was dismissed. But in light of the controversy Mills’ actions caused, citizens hope he will choose not to show pornography at the theater again. And in several months when the contract comes up for review, perhaps the City Council will work toward that end as well.
 

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