Metro says it can't prosecute creators of pornographic movie - GoFuckYourself.com

tony286 · 04-11-2005, 10:39 AM

Monday, 04/11/05
Metro says it can't prosecute creators of pornographic movie

By TERRANCE DEAN
For The Tennessean

The production of a pornographic film involving one woman and hundreds of men at a Nashville social club this month may have blurred the line between legal art and obscenity, while highlighting the limitations of Metro government's campaign to crack down on adult businesses that create a nuisance or promote prostitution.

Filming occurred April 1 and 2 at the Nashville Social Club on Division Street and involved more than 240 participants hoping to challenge a national adult film record. More than 6,000 men from across the country were sought to participate through various Internet sites and online swingers groups.

Reports of the event touched off phone calls between Metro police and the Davidson County district attorney general's office.

''Our offices have been contacted by Metro (police) but we don't have any actual proof of a crime,'' District Attorney General Torry Johnson said.

Under state law, it is illegal to produce obscene material for distribution, Metro police spokesman Don Aaron said. Police did not send officers to investigate the event.

''The information we received was that this was not a public event. It was not an event someone could pay an admission fee and observe.''

Police said they received no complaints during filming. Auth-orities said they must await information that the event violated obscenity statutes, or involved other criminal activity, such as trading sex for money, drug dealing or illegal sale of alcohol.

The state film commission doesn't keep figures on how frequently adult films are produced in Nashville. Clearly, however, Tennessee has not been a significant influence in the pornographic film industry, compared with states such as California, said Jan Austin, deputy director for the state agency.

During the past several years, Metro has used civil ordinances and criminal laws to crack down on adult businesses accused of promoting prostitution or creating a nuisance to the community. The campaign has led to the closure of 36 businesses, ranging from massage parlors and strip clubs to adult bookstores.

More than 100 telephone numbers associated with illegal escort services were ordered disconnected. Earlier this year, an advertising salesman for a local weekly newspaper was arrested on charges of promoting prostitution after police said he knowingly sold ads to firms that he believed were trying to connect prostitutes with customers.

But many adult businesses are protected ''just as long as an adult entertainment business is not engaged in prostitution activity or breaking any laws,'' Metro Law Director Karl Dean said.

Lawyer John Herbison, who represents the Social Club and many other local adult businesses, said that attempts to prosecute the filmmakers by using obscenity laws would pose a challenge for authorities. ''It's a minor offense, and it's a misdemeanor. In my 17 years of practicing law, I am not aware of any prosecution of obscenity offenses involving adults or filmmaking.''

To prove the film is obscene, local authorities would have to await completion of the film and then review the final edited version to determine whether the company is distributing a product that meets the three key legal criteria that define obscenity.

The film starred adult actress Summer Nyte, 31, of Sevierville, Tenn. Her husband, truck driver David Moore, 42, helped produce the project and said they chose to shoot the film locally because ''Nashville is a nice city.''

''We called the state attorney's office to make sure we were not doing anything wrong.''

The movie, which also featured adult-film actor Ron Jeremy, involved men ages 21-62 engaging in sex with Nyte. Nyte was the only person paid for taking part, Moore said.

Moore and his wife are members of an underworld club of swingers, he said, where consenting adults swap partners for sex. ''We're both Christians and grew up in the church. We are not bad people. ... Everyone has their right to live as they see fit.''

Obscenity law

Under state law, obscenity is defined as material which, to the average person, applying contemporary community standards, and taken as a whole:

1. Predominantly appeals to prurient interests (prurient means marked by or arousing an unwholesome sexual interest or desire).

2. Lacks serious literary, artistic, political or scientific value.

3. Depicts or describes nudity, sex or excretion in a patently offensive way.

04-11-2005, 10:39 AM	#1
tony286 lurker Industry Role: Join Date: Aug 2002 Location: atlanta Posts: 57,021	Metro says it can't prosecute creators of pornographic movie Monday, 04/11/05 Metro says it can't prosecute creators of pornographic movie By TERRANCE DEAN For The Tennessean The production of a pornographic film involving one woman and hundreds of men at a Nashville social club this month may have blurred the line between legal art and obscenity, while highlighting the limitations of Metro government's campaign to crack down on adult businesses that create a nuisance or promote prostitution. Filming occurred April 1 and 2 at the Nashville Social Club on Division Street and involved more than 240 participants hoping to challenge a national adult film record. More than 6,000 men from across the country were sought to participate through various Internet sites and online swingers groups. Reports of the event touched off phone calls between Metro police and the Davidson County district attorney general's office. ''Our offices have been contacted by Metro (police) but we don't have any actual proof of a crime,'' District Attorney General Torry Johnson said. Under state law, it is illegal to produce obscene material for distribution, Metro police spokesman Don Aaron said. Police did not send officers to investigate the event. ''The information we received was that this was not a public event. It was not an event someone could pay an admission fee and observe.'' Police said they received no complaints during filming. Auth-orities said they must await information that the event violated obscenity statutes, or involved other criminal activity, such as trading sex for money, drug dealing or illegal sale of alcohol. The state film commission doesn't keep figures on how frequently adult films are produced in Nashville. Clearly, however, Tennessee has not been a significant influence in the pornographic film industry, compared with states such as California, said Jan Austin, deputy director for the state agency. During the past several years, Metro has used civil ordinances and criminal laws to crack down on adult businesses accused of promoting prostitution or creating a nuisance to the community. The campaign has led to the closure of 36 businesses, ranging from massage parlors and strip clubs to adult bookstores. More than 100 telephone numbers associated with illegal escort services were ordered disconnected. Earlier this year, an advertising salesman for a local weekly newspaper was arrested on charges of promoting prostitution after police said he knowingly sold ads to firms that he believed were trying to connect prostitutes with customers. But many adult businesses are protected ''just as long as an adult entertainment business is not engaged in prostitution activity or breaking any laws,'' Metro Law Director Karl Dean said. Lawyer John Herbison, who represents the Social Club and many other local adult businesses, said that attempts to prosecute the filmmakers by using obscenity laws would pose a challenge for authorities. ''It's a minor offense, and it's a misdemeanor. In my 17 years of practicing law, I am not aware of any prosecution of obscenity offenses involving adults or filmmaking.'' To prove the film is obscene, local authorities would have to await completion of the film and then review the final edited version to determine whether the company is distributing a product that meets the three key legal criteria that define obscenity. The film starred adult actress Summer Nyte, 31, of Sevierville, Tenn. Her husband, truck driver David Moore, 42, helped produce the project and said they chose to shoot the film locally because ''Nashville is a nice city.'' ''We called the state attorney's office to make sure we were not doing anything wrong.'' The movie, which also featured adult-film actor Ron Jeremy, involved men ages 21-62 engaging in sex with Nyte. Nyte was the only person paid for taking part, Moore said. Moore and his wife are members of an underworld club of swingers, he said, where consenting adults swap partners for sex. ''We're both Christians and grew up in the church. We are not bad people. ... Everyone has their right to live as they see fit.'' Obscenity law Under state law, obscenity is defined as material which, to the average person, applying contemporary community standards, and taken as a whole: 1. Predominantly appeals to prurient interests (prurient means marked by or arousing an unwholesome sexual interest or desire). 2. Lacks serious literary, artistic, political or scientific value. 3. Depicts or describes nudity, sex or excretion in a patently offensive way.