MARCH A.C.E. NEWS

First, I would like to start off by welcoming a very powerful new member to the ranks of A.C.E. Oregon chapter. Fantasy Adult Video has joined our growing alliance of adult business owners. Thanks guys, you are a welcome addition to our team. Although we may be called A.C.E. (Association of Club Executives), It is not specifically the adult entertainment clubs which are under attack, it is adult entertainment in general. Fantasy Adult Video wisely realized this and joined our cause. Our organization collectively salutes your decision and urges other video stores to follow Fantasy Video's example by joining A.C.E. . Our enemies have clearly declared total war on our industry as a whole in Oregon. Having been unsuccessful on two separate attempts to eliminate the Oregon constitutions protection of adult entertainment by the rightful electoral process, they have decided to circumvent the input of the public entirely (this is still a democracy isn't it?). The new approach appears to be by simply reinterpreting existing laws and legislation or by enacting new administrative rules to suit their purpose. Namely, the elimination and/or curtailment of adult entertainment in Oregon. By circumventing the electoral process they can bypass the will of the citizenry entirely. Or so they think.

For instance, rumors abound in the adult industry concerning Stars Cabaret and the OLCC's attempt to strip them of the liquor license which they have held for over six years now. What the OLCC is attempting to do to Stars Cabaret needs to be collectively acknowledged and fought by our industry. Basically, the OLCC wrote up a new Oregon Administrative Rule OAR # 845-006-0347 (it went into effect 8/1/02) which forbids the touching of breasts or genitals in "a lewd/lascivious or sexual manor whether clothed or unclothed" (Looks like Madonna won't be performing in Oregon any time soon). The problem with this is that you can get ten different answers on what constitutes a violation of this administrative rule by talking to ten different OLCC inspectors. So how do they determine who is in violation? Simple. Whomever the OLCC administration tells its inspectors is in violation. In Stars case, they were cited for violation of OAR # 845-006-0347 or lewd conduct (an entertainer touched her breasts) subsequently, they were also cited for violation of ORS#471.425(2) or maintaining a lewd business (entertainers touched their breasts again). It gets even better, Stars was given the second violation because the second entertainer who touched herself in a "sexually lewd manor" did so two days in a row. That is, the first violation took place at 9pm and the second took place after midnight (making two days get it?). So lets get the OLCC's logic in order here. An inspector walks into any club in Portland at 11:30 PM and observes a violation at 11:45. He observes a second violation at 12:01 AM. He can then cite that business for ORS 471.425 (2) or maintaining a lewd establishment in that the "violations" took place over two calendar days! This is the very definition of unfair code enforcement at best. It is a violation of civil rights at the least. Think about it. Invent a new rule without a clear legal definition of how it is to be enforced. Then pick out a club that for whatever reason is not "in favor" with the OLCC and then cite them for violations of that rule repeatedly (even though you can see supposed violations of that rule in every club). Then move against their license by showing these violations as proof of "maintaining a lewd establishment" and all in one easy visit! How convenient, with one administrative rule they take us down one by one forcing adult business owners to engage in costly legal defenses to stay alive. The only real accomplishment this could have is to destroy legal businesses and well- paying jobs in an economy that is listed as one of the worst in the nation. All because a handful of OLCC administration officials has unilaterally determined for all Oregonians what type of entertainment they should be able to enjoy.