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Hot spots raise pressure for regulation
Localities engage sex businesses with intensity, both in rural and urban areas.
From, The Kentucky Citizen Digest, July/August 2004

Though progress is being made in many counties in the western part of the state, battles still rage in other areas where sexually oriented businesses have established a toe-hold . . . and are unwilling to move on. 

Knox County

When the porn shop Dreamworld moved into Knox County in mid-May, it was the beginning of a nightmare for local residents.  Most people thought it would be illegal for a porn shop to open across the street from Bullfrogs & Butterflies—a day-care center.  But they were wrong.  While Knox County adopted an anti-obscenity law 11 years ago, it was still left vulnerable to a variety of sexually oriented businesses because it failed to enact a comprehensive ordinance regulating them. Thus, it is entirely legal for porn shops, strip clubs, cabarets, and massage parlors to open anywhere in the county and operate 24 hours a day.

 

Dreamworld owner Jeree Mills and cashier Belinda Brown were arrested and charged with violating state obscenity laws on May 14.  The store closed for three weeks but reopened on the advice of Louis Sirkin, who also represents Hustler publisher Larry Flynt. An outcry over the porn shop ensued as nearly 300 residents packed the county courthouse to attend the arraignment hearing. 

           

There are 27 registered sex offenders in Knox County and seven in the community where the porn shop is located.  “We already have a problem with sexual abuse,” said Rev. Leonard Lester, who is forming a citizen coalition to oppose the porn shop.  “Pornography fuels this abuse.”

 

Meade County

An organization has mobilized against two porn stores in Muldraugh—near Fort Knox in Meade County—MADCAP (Meade Area Defense of Citizens Against Pornography). USA Adult DVD and Video, and Hilltop Video, which opened in late 2003, caught the city by surprise, but the county began work on a comprehensive ordinance in January and the ordinance passed on February 18.

MADCAP President, Randy Johnson is now lobbying the city of Brandenburg to pass a similar ordinance.  Meade County Judge Executive Bill Haines believes that USA Adult Video is engaged in false and misleading advertising over the radio.  “The radio station is in the county, where we have regulations against this sort of thing,” Haines said.  WMMG 93.5 FM, a local country station airing the ads, refused to run ads for MADCAP.

Madison County

Three years ago, a sexually oriented business moved into Richmond before the city had any regulations.  The business shut down after the city successfully waged a court battle on grounds that it violated state obscenity laws. However, another such business—Interstate News and Tobacco, moved in shortly thereafter.  Garrett Fowles, General Counsel for the city of Richmond, said the store received its business license under deceptive auspices and has been fighting it for the last year and a half. “I think we’ll win,” Fowles said. 

Madison County passed a comprehensive ordinance regulating porn businesses in April. Judge Executive Kent Clark says they’ve never had them in the county.  “It’s better to be prepared with a good ordinance than to wait for it to go to court and spend a bunch of money on it,” Clark said.

Hart County

Tourists visiting Mammoth Cave National Park, located in Hart and Edmonson counties, will be exposed to a new attraction this summer: pornography.  A sexually oriented business featuring a multi-seat X-rated theater, peepshows, porn magazines and videos opened late last December off I-65 near Horse Case. Hart County Judge Executive Terry Shelton, with strong support from the community, denied the SOB an entertainment permit.  Hart County Attorney Mike Nichols then filed criminal charges against the bookstore for failure to obtain an entertainment license pursuant to Kentucky Revised Statute Chapter 231. 

“I have no doubt that they will appeal the denial, since they have hired a porn attorney out of Louisville who has represented many adult bookstores in Federal Court,” Nichols said. “But at least we are making an effort.”   

Louisville/Jefferson County

The proliferation of sexually oriented businesses in Jefferson County is so dramatic that even proprietors of strip clubs are asking, “When is it going to stop?”  Lee Kruegler, owner of several such businesses in Louisville, posed that question to the Metro Council in a letter he sent them in the spring of 2003. “How many [strip] bars will the city continue to allow to open in Louisville?” Kruegler asked. 

According to Kruegler’s count, there were 12 strip bars on Jan. 21, 2003. As of May 4, 2004 there are 46 and more could be on the way.  Altogether, there are an estimated 175 sexually oriented businesses operating in Jefferson County with many opening within the last 12 months.  However, the number is only an approximation since the city stopped licensing them in March 2003 after a federal court struck down part of the new Metro Louisville ordinance.

Diane Looney, coordinator of Adult Entertainment Licensing for Metro Louisville has “no idea” how many exist in Jefferson County but she senses that proprietors “think we are a wide open city.”  Just how wide open?  CAM I—a porn shop—moved next door to Glory Baptist Church on Preston Highway. Scores of others are in violation of zoning laws and of operating without regard to “time and manner of activity” restrictions.

Don Waddell, involvement minister at Southeast Christian Church, attributes the increase to judicial tyranny. “The courts seem to be more interested in these businesses than the communities they are invading.” 

While the Supreme Court recently upheld the constitutionality of ordinances regulating sexually oriented businesses, a lower court is not expected to rule specifically on Louisville’s ordinance until November 15.  Until then, the Louisville metro area can expect the flood of sexually oriented businesses to continue.

 

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