Let Freedom Ring?

City Council Bill Pushed by Gay Community “Friends”   Twist in Nation’s Sex Panic Debates May Prove Unconstitutional    By Carter Burnette

The legislation prohibits the operation between the hours of 10 PM and 8 AM, of stores whose products emphasize "specified sexual activities" or "specified anatomical areas", including but not limited to, "human genitals, (and) public  (sic) region".   A hearing about the bill was originally scheduled Tuesday. 

The controversial measure has been co-sponsored by Councilmen James Kenney and Frank DiCicco, both instrumental in Philadelphia's recently successful domestic partnership initiative. 

According to DiCicco's office, the bill was introduced based on the growing concerns of the local (legitimate) businesses in Philadelphia's red light district. 

GayToday was told by Kenney's legislative aide, that the bill was not one of the concessions that rose out of domestic partnership. This was also confirmed by Andrew Park, the Executive Director for the Center of Lesbian and Gay Law and Public Policy of Pennsylvania. 

Park continued, "This bill would even outlaw books which have no pictures.  Stores which sell books which simply describe two people making love would be covered by this bill.  Classic works of literature would qualify as adult material.  This bill seems to unreasonably target written speech and photographs based on their content, having nothing to do with public safety, effect on minors, or neighborhood zoning regulations.   It seem unreasonably burdensome, at a minimum, and possibly unconstitutional." 

David Jaros of the Pennsylvania ACLU explains, "They are restricting the hours they (adult book stores) can be open based solely on the content of the material they sell.  Adult material is no different from that of socialist philosophy and these issues remain under close scrutiny of the Supreme Court as evidenced by their Communications Decency Act ruling". 

"The restraining of hours of operations is a serious infringement on freedom of speech and expression," echoed Larry Gross, co-Executive Chair of the Philadelphia Lesbian and Gay Task Force.  "Particularly as it pertains to a non residential neighborhood. We're on the road to Singapore,” he continued, referring to Southeast Asia’s strict authoritarian state, "The same people that offer you an expansion of certain rights, at the same time are asking you in affect, to become more invisible in public. It's a disturbing trend that has happened before." 

Merchants told GayToday that approximately 50% of their business is conducted during the hours targeted in the bill. While it was reported that one adult bookstore had a petition circulating to protest the bill's introduction, most of the stores managers were unaware of it. 

"I don't like it one bit," said Steve Basher, Manager of the Tom Cat Bookstore.  It sounds like John Street is making moves for the upcoming mayoral election.  I'm also highly frustrated and upset that the local gay press which I continuously advertise in has not covered the story." 

Picture courtesy of ushistory.org