Palmer to address city obscenity law

February 14, 2006

JOEL DAVIDSON\Frontiersman reporter

PALMER - Palmer City Council members are set to spend part of their Valentine's Day discussing a nearly 30-year-old city ordinance prohibiting the sale or distribution of obscene materials within city limits.

The 1978 code received renewed attention recently when Movie Gallery, the second-largest home video retailer in the U.S., opened a store in downtown Palmer, with adult videos comprising an estimated 30 percent of its merchandise.

When asked about the law two months ago, city officials and city council members said they were unaware of the obscenity prohibition. At its last meeting, Jan. 24, the council listened to a half-dozen citizens voice their concerns about businesses that are allowed to distribute sexually explicit adult videos. The council agreed that the issue needed clarification.

While the law clearly states that whoever knowingly brings obscene materials within the city limits for sale or distribution is an ordinance violator, it does not provide a definition for obscene. Without a definition, City Manager Tom Healy said the law would be impossible to enforce.

The U.S. Supreme Court has ruled that local communities may establish their own definitions for determining whether materials are obscene and thus unprotected under the First Amendment.

In 1973, the nation's high court ruled that in order to classify materials obscene, a judge or jury must first determine that the average person, applying contemporary community standards, would find that the material as a whole appeals to prurient or inordinately sexual interests. Secondly, courts must also find that a work depicts sexual content in a patently offensive way, as measured by contemporary community standards. Lastly, courts must determine that a reasonable person would find the material, as a whole, lacks serious literary, artistic, political and scientific value.

While city officials have not enforced the Palmer code, Pioneer Video in Palmer voluntarily pulled its sexually explicit adult videos two months ago when its owners discovered the law. Movie Gallery and Neighborhood Video, however, have continued selling and renting adult videos but Movie Gallery has said they will comply with local obscenity laws.

&#8220There are other video stores that carry adult videos [in Palmer] and our real-estate guys thought it was OK,” said Ted Innes, senior vice president and chief marketing officer for the national chain. &#8220We do whatever the local ordinances say and whatever the law allows. If someone wants to fight it, we will comply with the local laws.”

The Palmer City Council meets Tuesday, 7 p.m., at Palmer City Hall.

Contact Joel Davidson at

352-2266 or joel.davidson@

frontiersman.com.