Steve/Chad,
Allboy Magazine, Pornteam, and Pacific Sun have all told me that they won't ship product into Tennessee and Utah (and one or two other states) because (I'm told) there are some state regulations that make it very risky or illegal in those states specifically. And I know that we talk to a *lot* of customers from TN and UT specifically who tell us that they can't find anyone who will ship DVDs to them.
But when I think about it, Chad is absolutely right... a wholesale ban by a state on porn would, I assume, be a free speech violation.
Steve, do you ship to those states? Chad, should we be getting a consult with you to determine if we're being dumb by not shipping to those places?
some companies (not ours) will ship to those states via UPS or FEDEX so it is a lesser of an offence if they are busted. I personally do not know if this is true or not, but it would be a good question for the law makers.
That was once true because the law applied to materials shipped through the postal system, but those laws were revised to include common carriers such as UPS and FedEx so the law applies evenly regardless of how you ship.
The advantage is that is much less likely that a Postal Inspector will be at the FedEx terminal checking out your package.
Chad Belville, Esq
Phoenix, Arizona
www.chadknowslaw.com
Keeping you out of trouble is easier than getting you out of trouble!
all this "shipping" talk makes me think of "flight attendants!" :jerkoff:
the use of private carriers does has some advantages , but even they are subject to inspection in such countries as china or the middle-east.
in regards to what states are "anti-porn" i don't believe any one of them is fond of porn period (interpreted:there is an "angle" to everything thanks to the judicial system we have in place and they will probably find fault with something "indirectly" if they can't prosecute "directly")
in regards to shipping there are many methods in which materials/items/etc. can be shipped one is proper labeling (condoms are "manual" air-bags which must be blown up before impact!)
sincerely ~ ..."we have never dealt in porn , we refer to it as west-indies goods!"... :fool:
Hey Chip,
We dropped all our restrictions a few years ago. When you look at the small number of prosecutions taking place, and take into account the fact that they all involve extreme content which we don't shoot (and neither do you), the risk seems small. And really... if the feds want to get you, they will. Look at Extreme Associates, for example... they're being prosecuted in Pittsburgh PA. Now, who would've thought that Pittsburgh would be on the "do not ship list"? It's not! In fact, it's not on either IdolKnight's list or Rimmates list. So my point is that there's no justification for bothering with these no-porn lists, especially if you're producing vanilla content. Anyway, that's my $0.02 worth from being in the business 8 years.
One more point I would like to make... there are adult video stores all over Tennessee, and even Utah has them.
Thanks for the info. That's a really good point about Extreme Associates, and particularly about the presence of porn stores. If they're selling it at retail and haven't been shut down, that's a pretty strong defense that community standards permit it.
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