STAUNTON, Virginia — Is an adult video store coming to Staunton? Nobody is saying for sure, but on Wednesday city prosecutor Raymond C. Robertson said it won’t happen under his watch.
“We are not going to allow dissemination of pornographic material in Staunton,” Robertson said.
The prosecutor pointed to state statute 18.2-372 — which defines the word “obscene” — as his weapon.
“I have used it for decades to keep pornographic movies out of Staunton,” Robertson said, harking back to the 1970s when arrests were made following a showing of an X-rated movie at a downtown theater. “And we haven’t had an X-rated movie in town since.”
Robertson threatened arrests, confiscation of inventory and prosecution for anyone selling obscene materials. But the city might not have much legal room to prosecute an entrepreneur looking to open an adult video store because prosecuting obscenity is not as easy as it sounds.
“People have to realize that obscenity has a specific legal definition that has to be met in order to convict someone,” said Josh Wheeler, an attorney and associate director for the Thomas Jefferson Center for the Protection of Free Expression in Charlottesville. “It is not simply material that involves nudity or is offensive.”
Wheeler said there is a standard three-part legal definition of obscenity that must be met: 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.
On the civil side, City Attorney Doug Guynn said there are no zoning laws prohibiting the establishment of an adult video store. “For us it’s a land-use issue,” he said “The city does not regulate adult business as such.”
Nor would the city, on its own, pursue a business owner, Guynn said. “It’s largely a complaint-driven process.”
Phone calls seeking comment from City Manager Stephen Owen and Police Chief Jim Williams were not returned.