CINCINNATI, OH — Thomas Jefferson once wrote that “When the people fear the government, you have tyranny. When the government fears the people, you have liberty.” By that definition, Jefferson would find little liberty for those who sell adult materials in the state of Ohio – where the sex offender registry awaits those who are found guilty of selling obscene materials.First Amendment attorney Lou Sirkin thinks there’s something seriously wrong with a law that requires registering as a sex offender for 15 years just for selling a magazine or sex toy dubbed obscene, even years later.
That’s certainly the opinion of his client, identified only as “G.B.,” the owner/manager of a downtown Hustler store that sells lotions, lingerie, videos, magazines, and sex toys. The woman, described by The Cincinnati Enquirer as “a Northern Kentucky mother of two,” has filed suit against the Ohio attorney general in an attempt to overturn a recently enacted Ohio law that requires anyone convicted of selling materials determined to be obscene to register as a sex offender.
“She’s not been convicted or charged with anything,” Sirkin points out. “She’s frightened.”
While any rational person would be frightened by the specter of political caprice labeling one a sex offender, G.B. is said to fear specific kinds of retribution that would come her way, should someone decide that the latest vibrating rabbit toy or rubber fetish video is obscene. In G.B.’s case, she believes that were such a thing to happen, her children would be refused re-admission at their Catholic school and she would be denied the opportunity to continue volunteering as a school volleyball coach, because she would no longer pass background checks.
According to the Enquirer, the attorney general is prepared to defend the law, which is a tougher twist on the Adam Walsh Child Protection and Safety Act and went into effect with the new year. The Ohio law beefed up reporting aspects for those convicted of certain crimes, including pandering obscenity, being required to register as sex offenders, which extending the number of years on the list for all who land there.
Were G.B. or any other person convicted of pandering obscenity in the state of Ohio, they could serve a year in prison and be required to register as a sex offender for 15 years – information publicly available and posted to government and law-enforcement websites.
Sirkin, has considerable experience arguing First Amendment cases, including those concerning Robert Mapplethorpe and Larry Flynt, also takes aim at Hamilton County officials who have prosecuted obscenity cases. According to Sirkin, Hamilton County has a “history of censorship and aggressive enforcement of obscenity laws.”
In G.B.’s case, Sirkin observes in the suit that “G.B. fears facing obscenity charges, due to the history of censorship and strict enforcement of obscenity laws in Hamilton Country, which includes multiple criminal obscenity charges arising out of Hustler business ventures in Cincinnati.”
The fear of prosecution is so great, Sirkin states, that she has postponed expansion of the downtown Hustler store, although sales indicate such a thing is in the business’ best interest.
