Home > News > Prosecutor: No Porn Sales in Staunton, Va. • Bookmark   • Newsletters   • Register Search Options


Prosecutor: No Porn Sales in Staunton, Va.

Prosecutor: No Porn Sales in Staunton, Va.
Get XBIZ News
XBIZ Research
Will virtual reality boost the paysite market?
Yes, it will soon
Yes, but in a few years
Out of 179 votes. Results based on votes submitted by members of XBIZ.net social network.
Aug 25, 2007 9:00 AM PDT    Text size: 
STAUNTON, Va. — City prosecutor Raymond C. Robertson has declared that he will not "allow dissemination of pornographic material in Staunton." He has used Virginia state statute 18.2-372 — which defines obscene materials — to ban adult material, threatening arrests, confiscation of inventory and prosecution for anyone selling obscene materials.

"I have used [the statute] for decades to keep pornographic movies out of Staunton," Robertson said, referring to arrests that followed the showing of an X-rated movie at a downtown theater in the 1970s. "And we haven’t had an X-rated movie in town since."

But if an entrepreneur wants to open an adult store here, the city may not be able to prosecute for obscenity.

"People have to realize that obscenity has a specific legal definition that has to be met in order to convict someone," said attorney Josh Wheeler, associate director for the Thomas Jefferson Center for the Protection of Free Expression in Charlottesville, Va. "It is not simply material that involves nudity or is offensive."

Wheeler said the Virginia statute describes a three-part legal definition of obscenity — much like the Miller test, named for a landmark 1973 U.S. Supreme Court decision. Both the statute and the Miller test ask: Do applied community standards find that the material appeals to the prurient interest? Is it patently offensive sexual conduct defined by state law? And does the work, taken as a whole, lack serious literal, artistic, political or scientific value?

"It is actually a pretty high standard to meet," Wheeler said.

Staunton City Attorney Doug Guynn has said there are no zoning laws prohibiting the establishment of an adult video store.

"For us it’s a land-use issue. The city does not regulate adult business as such," he said.

The city also would not instigate action against a business owner, Guynn said. "It’s largely a complaint-driven process."

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !


Randazza: Trump Victory, Big Prop 60 Win

On Tuesday afternoon, I boarded a transatlantic flight. Given all of the negativity in the 2016 presidential race, I was delighted that I would be absent for the results. I found both Donald Trump and... More »

Dissecting an $11.9M Affiliate Marketing Judgment

The Federal Trade Commission scored another major win in early October when the 2nd U.S. Circuit Court of Appeals upheld a lower court ruling, requiring LeadClick Media LLC to pay an $11.9 million award. The... More »

Legal Protection for Amateur Shoots

Any adult industry professional who creates video content with actual first-time amateurs will come to an early knowledge that later performer regret is commonplace. Recognized performers who regularly... More »
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.

Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Subscribe to XBIZ Premiere magazine, the industry's leading adult retail trade publications, delivering the most timely and comprehensive business news and information to producers and retailers of adult products.


Everything To Do With Sex Show

Jan 27 - Jan 29
Halifax, Nova Scotia

The European Summit

Mar 04 - Mar 07
Barcelona-Sitges, Spain

The TEA Show

Mar 05 - Mar 06
Hollywood, CA

Phoenix Forum 2017

Mar 23 - Mar 26
Tempe, Arizona
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!