First Amendment null and void in Missouri! Original Article Judge upholds sexy billboards law DAVID TWIDDY Associated Press KANSAS CITY, Mo. - A federal judge has upheld a Missouri state law banning sexually suggestive billboards within one mile of highways. U.S. District Judge Gary Fenner denied claims by the owner of a string of adult businesses that the law, passed by the General Assembly two years ago, is unconstitutional. The law, which took effect in August 2004, prohibits most signs for sexually oriented businesses along state highways and gives businesses three years to bring existing billboards into compliance. Eventually, an adult-oriented business within a mile of a highway could have just two signs - one showing the business' name and operating hours, the other noting it is off-limits to minors. The billboard law applies to strip clubs and businesses that devote more than 10 percent of their display space to sexually oriented merchandise. Business owners who violate the law can be punished by up to 30 days in jail. John Haltom, who owns 10 stores that sell lingerie, sex toys and adult videos in six states - including Johnnie 'O's stores in the St. Louis suburbs of Florissant and Fenton, filed suit last year against Attorney General Jay Nixon's office. Haltom argued that while his businesses dedicated between 10 percent and 25 percent of its display space to sexually oriented items, the law was too broad to consider his locations as adult businesses. He also said that while government officials can use controls on adult businesses to fight possible negative effects on minors or traffic safety, the billboard law is too broad and curtails his right to commercial speech. But Fenner, who has upheld the law in past challenges, disagreed, saying that Haltom's stores could rightly be considered sexually oriented businesses. He also said that the law bans advertising for a store's sexually oriented business, not the store itself. It could still post billboards advertising its non-adult items, if it chose. "The statute ... is narrowly tailored to eliminate only the secondary effects specifically associated with advertising that a business is sexually oriented," he wrote. An attorney for Haltom didn't immediately return a phone call for comment. State Sen. Matt Bartle, R-Lee's Summit, who spearheaded the legislation, said he was confident the law would survive because it was based on a similar law upheld by the New Jersey Supreme Court. "I'm thrilled with this development but I expect the challenges will continue," he said. "The porn shops are tenacious and have deep pockets." http://kdka.com/watercooler/watercooler_story_091173808.html Judge: Move Sexy Billboards Away From Road Save It E-mail It Print It (AP) KANSAS CITY, Mo. A federal judge agrees: Sexy signs just have no place near the highway. The case came before the court when John Haltom, who owns 10 stores that sell lingerie, sex toys and adult videos in six states, filed a lawsuit last year against the attorney general's office. He took issue with a law that prohibits most signs for sexually oriented businesses from being posted within a mile of the highway. Any business that devotes more than 10 percent of their display space to sexually oriented merchandise faced the restrictions. Haltom said the billboard law is too broad and curtails his right to commercial speech. He also said that while his businesses between 10 percent and 25 percent of its display space to sexually oriented items, the law was too broad to consider his locations as adult businesses. But Fenner, who has upheld the law in past challenges, disagreed. He also said that the law bans advertising for a store's sexually oriented business, not the store itself. It could still post billboards advertising its non-adult items, if it chose. State Sen. Matt Bartle, who spearheaded the legislation, said he was confident the law would survive, but predicted more challenges.