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Missouri Family E-NewsJanuary 31, 2011

 

 

State Judge Upholds New Law Regulating Sex Industry

  

Sexually oriented businesses in Missouri have suffered a major legal setback as a result of a decision by a state court judge in Jefferson City.  Cole County Circuit Court Judge Jon Beetem has dismissed a lawsuit challenging Missouri's newly enacted law regulating sexually oriented businesses.  

 

Operators of nude dancing clubs and so-called "adult" video stores had filed suit against the law, claiming that it violated their First Amendment free speech rights.  They argued that the law violated their right to sell "sexually candid and erotic" materials, and violated the right of dancers to "communicate a message of eroticism and sensuality."

 

In fact, the law does no such thing.  It does not prohibit erotic dancing, nor does it ban the sale of sexually oriented materials.  What the law does do is prohibit total nudity in strip clubs and any contact between dancers and patrons.  The bill also prohibits the sale of alcohol or the presence of minors on the premises, and requires that such businesses close at midnight. 

 

The law also forbids the establishment of sexually oriented businesses within 1000 feet of any church, school, day care center, public park, personal residence, or any other sexually oriented business.  The provisions are designed to enable local communities to protect themselves against the adverse secondary impacts of so-called "adult cabarets", "adult video stores" and "adult video arcades."

 

Numerous studies across the nation have documented that such businesses generate a higher incidence of crimes against property and persons, illegal drug use and trafficking, prostitution and other sex crimes, and neighborhood blight.

 

Judge Beetem ruled that "the challenged statute does not violate the First or Fourteenth Amendments to the United States Constitution," and ruled in favor of the state on all counts.  Provisions similar to those in the Missouri law have been upheld in several previous decisions by federal courts.

 

The lead plaintiff in the lawsuit was the Missouri Association of Club Executives, the trade group for the sex industry in the state.  Its President, Michael Ocello, is an elected member of the School Board in the Mehlville School District in south St. Louis County.  He is the President of VCG Holdings, a national chain of "adult cabarets."

 

The plaintiffs contended in their lawsuit that the new law would "materially reduce the quantity and availability" of "adult expression" in Missouri.  Conceding for the moment their definition of "adult expression," only time will tell whether that is true.

 

 

 

Federal Court Rejects TV Decency Standards

 

Pro-decency advocates are deploring a recent federal court decision that they say will open the door to a further increase in the level and frequency of indecent programming on television.

 

The U.S. Second Circuit Court of Appeals recently nullified fines imposed by the Federal Communications Commission against ABC and its affiliates for a 2003 episode of "NYPD Blue" that included nudity.  ABC and its 45 network stations had been fined $27,500 each for airing the episode.

 

The federal court concluded that the FCC"s indecency standards are
"unconstitutionally vague," and that "nudity itself is not per se indecent."  The FCC has not yet decided whether it will appeal the decision.

 

"Children and families are once again the real victims," says Tim Winter, President of the Parents Television Council.  "This ruling will only serve to embolden the networks to air even more graphic material."

 

This is the second time in less than a year that the Second Circuit has given a green light to indecent content over the television airwaves.  Last year the Second Circuit ruled that television stations could not be fined for airing shows with "fleeting" profanities, no matter how profane they may be.

 

Lawrence Meyers, editor of "Inside the TV Writer's Room," says the latest ruling "gives television producers and networks more freedom to do what they wish."  "Because network ratings are in severe decline and have been for a number of years, they may try to pull out all the stops."

 

Broadcast and cable television networks are wasting no time doing just that.  MTV has rolled out a new series called "Skins" which depicts teens engaged in no-holds-barred decadent behavior.  The national furor it has incited has prompted several advertisers to withdraw their commercials.  Critics charge that the sexual behavior involving teen actors amounts to child pornography. 

 

You can learn more about the Parents Television Council by clicking this link:

Parents Television Council

 

You can read more about the PTC's Broadcast Decency Campaign, and how to file a complaint with the Federal   Communications Commission by using this link:

FCC Complaint 

 


 

Shoddy Philadelphia Abortion Clinic Spurs Fresh Debate on

Late-Term Abortions

 

The barbaric practice of late-term abortions has gained national attention due to revolting revelations surrounding an abortion clinic in Philadelphia, Pennsylvania.  A federal grand jury has indicted the abortionist, Dr. Kermit Gosnell, and four of his employees on eight counts of murder in the deaths of a female patient and seven infants who were killed after being born alive.

 

U.S. District Attorney Seth Williams says that Gosnell induced labor to deliver viable babies in the sixth, seventh, and eighth months of pregnancy, and then killed the "living, moving, breathing" babies by slicing into the backs of their necks with scissors and severing their spinal cords. 
 

Williams revealed that Gosnell's clinic was a macabre setting, with bags and bottles holding aborted unborn children scattered throughout the building, and with jars containing the severed feet of the children lining several shelves.  The clinic was located in an impoverished neighborhood of Philadelphia, and it is believed that most of the abortions were performed on minorities, immigrants, and poor women.

 

Described in media accounts as a "house of horrors" and a "modern-day human slaughterhouse," Gosnell's "Family Medical Society" business reflects the antithesis of so-called "safe and legal" abortions.  The grand jury report states that fetal remains "filled milk jugs, orange-juice cartons, and even cat-food containers."  The clinic premises included bloody floors and dirty, blood-stained recliners, and reeked of urine. Williams says that none of the employees had any medical training, including a fifteen-year old high school student who was administering intravenous anesthesia.  Gosnell himself had no obstetric or gynecological medical credentials.

 

Gosnell and his employees demonstrated thoroughly cavalier disdain and disregard for human life.  The grand jury report cites the testimony of one witness who said that an employee played around with an aborted premature infant who was wiggling around on a counter for 20 minutes before proceeding to slit the child's neck.  Another employee said that Gosnell joked about a baby who was writhing in pain, saying "That's what you call a chicken with its head cut off."  In another abortion involving an infant of considerable size, Gosnell cracked, "This baby is big enough to walk me to the bus stop."

 

The 41-year old woman who died, Karnamaya  Mongar, was allegedly killed when she was given excessive amounts of Demerol, which sent her into a fatal cardiac arrest.  Gosnell has been the subject of 46 malpractice lawsuits, many of them involving cases where he perforated women's uteruses or bowels or where he failed to remove all the body parts of an unborn child.   One of the lawsuits involved a 22-year old woman who died of sepsis after Gosnell allegedly punctured her uterus and cervix. Other women had to undergo subsequent hysterectomies because of Gosnell's reckless surgical conduct. The grand jury report also states that Gosnell passed venereal diseases from one patient to another through the use of bloody and unsterilized instruments. 

 

It is estimated that Gosnell raked in more than $1.8 million a year from his late-term abortion assembly line business.  When police raided Gosnell's home and took him into custody, they found $240,000 in cash.  Gosnell publicly advertised his practice as a vaccination clinic, and received government funding for that purpose.  Investigators found chicken pox vaccines in ice trays in refrigerators right above jars of aborted children.

 

Federal prosecutors were sharply critical of Pennsylvania state health officials, who they claim ignored repeated complaints about the clinic, and failed to enforce state health and safety standards.  It has now been reported that state inspections of abortion clinics were suspended 15 years ago by former Governor Tom Ridge, a pro-abortion Republican.

 

"Even nail salons in Pennsylvania are monitored more closely for client safety," the grand jury report states.  "Without regular inspections, providers like Gosnell continue to operate; unlawful and dangerous third-trimester abortions go undetected; and many woman suffer."

 

Gosnell's slaughterhouse belies the claim that legalized abortion has put an end to so-called "back-alley" abortions.  The fact is "back-alley abortionists" are still in business.  They are just bringing patients in the front door now, rather than the back door.

 

Troy Newman, President of Operation Rescue, says the Gosnell case is only the tip of the abortion iceberg.  "We are pleased that authorities in Pennsylvania have worked to protect the public from this serial killer and bring Gosnell and his cohorts to justice.  As shocking as this case is, it is in no way an anomaly.  Shoddy and illegal practices characterize the abortion industry in America.  There are more Gosnell's out there victimizing and murdering under the cover of secrecy."

 

Sadly, the Midwest has been home to two prominent late-term abortionists who also operated assembly-line businesses.  George Tiller operated a late-term abortion clinic in Wichita, Kansas before he was murdered by a gunman.  LeRoy Carhart has operated a similar "women's health clinic" in Bellevue, Nebraska. 

 

Former employees of Carhart's clinic have given sworn statements concerning unsafe and illegal activities at his clinic.  The employees stated that they administered intravenous medication, dispensed drugs, and assisted in surgeries even though they had no nursing credentials. They also testified that the facility was generally unclean and unsanitary, and that Carhart rarely if ever washed his hands between patients. They also claim that Carhart regularly falsified the gestational age of viable preborn children. 

 

Carhart recently announced that he is shutting down his abortion business in Nebraska due to a new state law banning late-term abortions.  He is now planning to open clinics in Iowa, Indiana, and Maryland, where he believes the legal climate for late-term abortions is more favorable.   

 

The latest ghastly discoveries about the late-term abortion business underscore the importance of regulating such procedures in Missouri.  Senator Rob Mayer of Dexter and Representative Tim Jones of Eureka have introduced identical bills proposed by the Missouri Family Policy Council which would restrict late-term abortions.  Abortions could only be performed after a child is viable if the life of the mother is threatened or if continuation of the pregnancy would result in significant health risks to the mother. 

 

We encourage you to contact your state senator and state representative to encourage their support for these bills.  Senator Mayer's legislation is Senate Bill 65.  Representative Jones' legislation is House Bill 213.

 

You can contact your state representative by using the following link to access their contact information and online e-mail connection:

Your State Representative

 

You can contact your state senator by using the following link to acess their contact information and e-mail connection:

Your State Senator 

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