CityBeat Files Suit to Protect First Amendment Rights

CityBeat filed a federal lawsuit yesterday against government officials in the city of Cincinnati, Hamilton County, Campbell and Kenton counties in Northern Kentucky and Dearborn County in Indiana. We charged them and a coalition of local religious and nonprofit leaders led by Citizens for Community Values (CCV) of violating our First Amendment rights, conspiracy to violate our First Amendment rights and tortious interference with our business relationships.

Read my editorial "A First Amendment Battle Worth Fighting" for details on why CityBeat is pursuing this course of action. We feel it's the best option available for protecting ourselves from government interference in how we choose to run our business.

As many of you know, the people we're suing held a news conference at Cincinnati City Hall June 9 to announce they wanted CityBeat to stop running adult services advertisements in our paper and on our Web site. This group also delivered a letter that referenced recent prostitution arrests and raids in the Tristate by the Organized Crime Division of the Hamilton County Sheriff's Department, the Vice Control Section of the Cincinnati Police Department, Immigration and Customs Enforcement, U.S. Customs and the U.S. Attorney's Office in Indianapolis and connected them to CityBeat's adult ads.

The letter claims that CityBeat and citybeat.com "have become primary avenues through which the sex-for-sale industry in greater Cincinnati markets their destructive services."

The message to us was loud and clear: Stop running all adult-oriented ads or the area's top cops and prosecutors will come down hard on CityBeat.

— John Fox

 

Comments

[Michael]

Please oh please don't let these idiots dictate what freedom of speech is and who it applies to. Fight the good fight!

[David E. Gallaher]

Would you mind revealing your lawyers? If its who I think, I want to cheer them on next time I run into them strolling 4th ST, going back and forth to lunch.

[ConcernedMD]

Porn is destructive and very unmanly.
Porn is never okay. It destroys men and the love they give to their wives.
A real man is a strong faithful lover....monogamous with the one woman he has commited to love, honor, and cherish for life.

Porn is a selfish lazy type of adultery and it is the single greatest destroyer of marriage today.

The unfaithful man loses his masculine leadership and his honor. When he furtively masturbates alone, he wastes his drive on countless electronic images on a screen, losing his tenderness and sexual need for his wife. Gratified by his imaginary harem, he is emancipated from his positive regard for his once beloved wife.

A man using porn only touches a man...himself. He completely bypasses any personal interaction. Instead, the mind on porn objectifies a woman. He doesn't even know her; but, she is the target of his use, even in her absence.

Or worse, porn intrudes on the privacy of another man having sex with a woman. What kind of man lurks in hiding to view another man in the conjugal act?

A sexually decent and mature man has the courage and manliness to touch a real woman, to give pleasure with his body to the wife he loves...in person...in trusting privacy.

Porn is solitary voyeuristic auto-arousal that betrays the male's deepest longing: his need for live human one-flesh relationship. Inverted sexuality is the epitome of unfulfilling loneliness. Our hearts need love and physical bonding...only marital sex gives us that real intimacy.

Promiscuity and porn destroy individuals and the family. Ask any doctor or domestic violence therapist or sex-offender program worker. Ask any divorce lawyer.

Every responsible man protects women and children and families. Every man must serve the common good. A true warrior puts down and conquers the destructive forces in society.

Esto Vir!

Fight like a man! Stop porn. Stop prostitution.

Porn is a big deal.
Don't harm the most sacred desire you have.
Give your desires to someone who loves you back.

[CincyCapell]

Sounds like someone has a little problem with self control. Sounds like a real "Rev. Ted Haggard" case. Hey "Doctor", go and heal thyself. And then get your fucking nose out of the rest of our lives.

[CincyMatusak]

I apologize for my last post impersonating Mr. Capell. I'll take my meds now.

[ConcernedMD]

Dear CincyCapell,

A decent man treats a lady doctor with manners and respect. Why is it so hard for the mind on porn to envision a woman as anything more than a sex object?

If you were born in a local hospital, I may have delivered you. I thought you were the cutest baby...I encouraged your mother to breastfeed you so you would learn constancy and bonding...and the natural dignity of the female body.

I encouraged your father to support and protect your mother so she chould nurture you with the wholesome milk from her breasts...the milk of human kindness.

I still have great hopes for you. Matusek shouldn't have to get his mouth washed out with soap for your indelicacy. Apologies accepted.

[SG]

This is a just a pathetic attempt by City Beat to improve their anemic circulation brought about by its superior competitor Cin Weekly. From the numbers I have seen, City Beat's readership now mostly consists of the area's far left counter-culture wackos since CW pealed away all of their mainstream (normal) readers.

[WestEnder]

Okay, let me see if I understand this: Someone who looks at vaginas all day is sermonizing about the dangers of looking at vaginas all day? You gotta tip your hat to that.

Of course porn objectifies women (men, too). That is not the source of the problem. The source is the inability to separate fantasy from reality.

That's why religious zealots are so often porn/sex addicts. They can't distinguish sex objects from real women just like they can't distinguish religious myth from scientific reality. And they think everyone is just like them.

Sorry, you're wrong. Now shut up and get therapy.

[Political Junkie]

SG,

Maybe you'd better look at those circulation numbers again. CityBeat is doing much better than the bland, boring CinWeekly.

But then, bashing liberals is sooooo Sharonville.

[Concerned Observer]

I'd checked the non-CityBeat local blogs today. Not a word about your suit.

One would think they would be somewhat interested, given your yearly 'Best of' Awards.

[goodbyesimon]

E&P picked up the story today: http://tinyurl.com/63jp9k

The Beacon's got links to the complaint and first exhibits: http://tinyurl.com/5ux6ho

[CincyCapell]

Hey Doctor Taliban, take your burka and go back to Afghanistan.

[Fuck You CCV]

Made the WCPO 9 News tonight....

http://www.wcpo.com/news/local/story.aspx?content_id=816b8127-0d96-4900-8af8-a008219be96f

[trey]

Is this the same City Beat that named a Latin activist their person of the year for leading a campaign to force WLW to remove rather innocuous ads (a guy in a sombrero standing in front of a donkey) from public view?

[John Fox]

Someone asked who our lawyers are in this matter: Sirkin, Pinales & Schwartz, who are indeed located on Fourth Street downtown.

Someone said Cin Weekly is a superior competitor. While they're entitled to their opinion, the 2007 Media Audit reports (the print version of the Arbitron radio or Nielsen TV ratings) indicates that CityBeat has 323,400 adults who read us at least once a month (cume readership) and Cin Weekly has 188,200.

Someone implied that we took a dim view of WLW's freedom of speech rights to broadcast "innocuous" ads while suing to protect our own. The local Latino community didn't think the WLW ads were innocuous and protested them, similar to CCV and other groups protesting our adult ads. The key difference, of course, is that CCV has enlisted the help of law enforcement and other government officials to pressure us to change our advertising policy. That's government interference in our freedom of speech and press rights, the very definition of what the First Amendment protects.

[trey]

Someone responded to my post that its the role played by government officials that has brought the lawsuit. I am no lawyer and cannot speak to what gov. officials can and can't do in this regard so I'll leave that to the courts. But why have you included Phil Buress and other non-governmental people in the suit? Surely, its kind of a reach demanding that they be held responsible if gov. officials overstep any restraints placed upon gov. officials. Also, I don't have the time to research it but I have a hunch the Latino group probably talked to some city or county officials to help in backroom talks to get WLW to change their ways. (Postscript: I do want to thank City Beat for publishing my challenging questions both here and in the paper. You guys may not be perfect in your free speech integrity but you're better than a lot.)

[Breen]

Trey, the "someone" responding to you was our trusted editor, John Fox.

Please read the lawsuit for a better understanding of the claims:
http://www.scribd.com/doc/3873632/7808-complaint-Cincinnati-CityBeat-v-Citizens-for-Community-Values-CCV-Leis-et-al

[John Fox]

Trey: We sued all 39 people who signed the letter that threatened us. The lawsuit has three charges, one of which is conspiracy to violate CityBeat's First Amendment rights. All 39 of these people, including the non-government folks, are part of this conspiracy.

I can't speak for WLW, of course, but if in fact government officials threatened them in order to have the offensive billboards taken down, they would have been able to sue for the same reasons we have. Maybe there was a lawsuit and the public didn't hear about it. Maybe WLW didn't want to stir things up. Maybe government officials didn't get involved. You and I don't know, so there's no reason to speculate.

[ConcernedMD]

Corporate Responsibility and Innovative Leadership

Dear John Fox,

With First Amendment Freedom comes responsibility. You are free to advertise. You are also free to use your decisive intellect and business leadership skills. Being a smart freedom fighter means we make proactive distinctions to credibly advance tolerance and diversity .

Why aren't you creating advertising guidelines and innovative policies which prosper your goals as a newspaper and simultaneously safeguard the public health laws and welfare of the community? This can be done. Are you saying this is too hard? You cannot discern simple means to avoid your classifieds being exploited for illegality? You are opposed to community leaders that ask for journalistic professionalism?

It is possible to use sound editorial judgment without infringing upon the First Amendment. Your credibility stands or falls on your acceptance of this principle. You are defending the indefensible by running ads fronting for prostitution in your CityBeat newspaper and online personals.

You are free to voice your opinion. Your brother is free to disagree. You have not been 'threatened'. Free speech applies equally to all views in a discussion: far right, far left, and everywhere in between. That is the American way.

Write some effective advertising policies. Our liberties are strengthened when we all share in the responsibility to keep Cincinnati a safe city and a great place to live.

[Breen]

"ConcernedMD": CityBeat was threatened. You have no understanding of what CCV has done to CityBeat in the past. You know nothing of the 'behind the scenes' actions they have taken to try and put us out of business.

No one ever said they couldn't "say" what they wanted. It's the implication of action (surrounded by cops, giving CityBeat a "deadline" to respond, contacting our advertisers, etc.) that makes it a threat.

Oh, and, per policy, CityBeat doesn't accept advertisements for anything illegal. If you sold your car in our classifieds and that car blew up as the buyer drove away, should CityBeat stop all advertising for used cars?

[Lefty Lou]

That's right. City Beat doesn't accept ads for illegal activities (wink wink nod nod). We all know there is a large and very active market for people to go places with other people for money. You know, they're called escorts. I might hire one tonight to go with me to Kroger's to help me carry the bags. I hope I can still get one with this late notice. They're very busy escorting people all over town.

[ConcernedMD]

Dear Breen,

CityBeat was not 'threatened'. There is no 'conspiracy'.

The coalition did appeal to your integrity, and "...ask that you eliminate the adult services category, and refuse to accept ads elsewhere for sexual services, in both your print and online editions."

-Nobody was 'surrounded by cops'...policemen have free speech, too.
-There is no 'deadline' mentioned.
-Anyone can contact your advertisers and freely speak their opinion about your prostitution ads.
______

Here is CCV's letter:

"June 6, 2008

Mr. John Fox, Editor and Co-Publisher
Mr. Dan Bockrath, General Manager and Co-Publisher
Cincinnati CityBeat
811 Race Street, 5th Floor
Cincinnati, Ohio 45202

Dear Messrs. Fox and Bockrath:

We, the undersigned, represent a diverse coalition of non-profit organizations, law enforcement agencies and concerned individuals united by a common concern: the exploitation of women, the devastation of families, and the endangerment of greater Cincinnati’s communities brought about by prostitution and other aspects of the sex-for-sale industry.

Many of the undersigned know first-hand the tragic outcomes of the sex-for-sale industry in that we regularly assist the women, men, children and families who become its victims in greater Cincinnati. Such victims include but are not limited to the women trapped in this degrading, abusive industry; families that have been dismantled as a result of addictions to such services; and entire communities depressed by the criminal element often associated with this industry.

We approach the management of CityBeat because it has been brought to our attention that the adult classified ad sections of both your weekly print edition and your online edition, CityBeat.com, have become primary avenues through which the sex-for-sale industry in greater Cincinnati markets their destructive services.

The majority of ads in CityBeat’s adult classified section clearly appear to be outright or thinly veiled advertisements for prostitution or other sexual services, many of which are in violation of state criminal laws. The Organized Crime Division of the Hamilton County Sheriff’s Department and the Vice Control Section of the Cincinnati Police Department report that many of the arrests made relating to prostitution, solicitation and promoting prostitution offenses result from phone calls placed to numbers listed under the adult services category of CityBeat and CityBeat.com.

Earlier this month police in Ohio, Indiana and Northern Kentucky raided several “massage parlors” and “spas” in the Tri-State area, making multiple arrests on charges ranging from prostitution and human trafficking to tax evasion and money laundering. The raids were the culmination of a two-year investigation by a task force consisting of local law enforcement agencies plus several federal agencies including the Internal Revenue Service, U.S. Postal Inspection Service, Immigration and Customs Enforcement, U.S. Customs and the U.S. Attorney’s Office in Indianapolis. Several of the “spas” targeted in the raid were regular CityBeat advertisers.

Together, we, the undersigned, therefore appeal to your integrity as a corporate citizen and ask that you eliminate the adult services category, and refuse to accept ads elsewhere for sexual services, in both your print and online editions. By taking this responsible action you will be assisting us in reaching out in compassion to the many women, men and families negatively impacted by the sex-for-sale industry and will be contributing to the physical and emotional health and safety of the communities that you serve.

Thanks for your consideration of our request and your reply.

Sincerely,

Rev. Jermaine Armour, Representative, Interdenominational Ministerial Alliance
Bishop E. Lynn Brown, Presiding Bishop, 2nd Episcopal District, CME Church
Phil Burress, President, Citizens for Community Values
Paula Bussard, President, Transformation Cincinnati & Northern Kentucky
Jackie Carney, Pregnancy Center West, Inc.
Pastor Gregory Chandler, Sr., World Outreach Christian Church
Rev. Wayne Davis, Pastor, Bethel Baptist Church
Kenton County Attorney Garry Edmondson
Patti Garibay, National Executive Director, American Heritage Girls
Susan M. Gertz, Esq.
Pam Glenn, Executive Director, New Hope Center
Rev. Aaron Greenlea
Joseph Gubasta, Ph. D., President and CEO, Women’s Center for Health, Hope and Healing
Michael Howard, Executive Director, Justice Watch
Bishop Maurice Jackson, President, Metro Area Religious Coalition of Cincinnati
Rev. Joel James, Pastor, James Temple Church of God in Christ
Kathleen Kiely, Executive Director, Care Net Pregnancy Services of Northern Kentucky
Dr. Jerry Kirk, President, Religious Alliance Against Pornography
Sheriff Simon Leis, Hamilton County
Rev. Michael Mack, Pastor, Jerrriel Missionary Baptist Church
Rev. Alex McEntire, Pastor, Word Alive Church
Major Kenneth Maynor, Salvation Army Divisional Commander, Swoneky Division
Councilman Chris Monzel, Cincinnati City Council
Dearborn County Attorney Aaron Negangard
Rev. James Pankey, President, Baptist Ministers Conference
Bobbi Radeck, Director, Concerned Women for America of Ohio
Pastor Richard A. Rose, Sr., Grayroad Church of Christ
Cinny Roy, Director, The Eve Center
Rick Schatz, President, National Coalition for the Protection of Children and Families
Rev. K.Z. Smith
Scott D Stephens,LISW-S, Executive Director, Pregnancy Center East
Thomas H. Streicher, Jr., Police Chief, Cincinnati Police Department
Ford Taylor, Founder of Transformation Cincinnati & Northern Kentucky
Campbell County Attorney Justin Verst
Lori Viars, Executive Director, Family First PAC
Pastor Clarence Wallace, Carmel Presbyterian Church
Paula Westwood, Executive Director, Right to Life of Greater Cincinnati
Bishop Dwight Wilkins, President, Interdenominational Ministers Alliance
Pastor Charlie Winburn, The Church in College Hill"
_____
From a 7/9/08 CCV Press Statement:
"On June 9, 2008, the coalition made their appeal public in a press conference held at Cincinnati’s City Hall.

The members of that coalition consider the ads, which were the subject of their appeal, to be an affront to the values of their community. Further, CityBeat’s adult services category has been used by advertisers to promote prostitution and other sexual services in violation of Ohio criminal law.

For CityBeat to suggest that this coalition should not be allowed to make such an appeal is, in itself, an attempt to censor the First Amendment rights of each member of the coalition. "

[Richard Brockelmann]

Shorter Dr. Taliban, MD: "Do as the vocal religious zealots say and we will all be free".

Now put on that Burka and say Hallelujah!

[piedmont]

"Ungrateful local blogs ignore CityBeat free speech lawsuit"

.... Headline at the Cincynation blog today.

[V for Victory]

It's not a free speech lawsuit. It's a SLAPP lawsuit that will unfortunately allow the crazies at CCV to portray themselves as victims.