Survey for Sedgwick County Community Standards

Background info:  skip As an organization we are concerned with the “ community standards ” in relationship to the level of pornographic and obscene material within Sedgwick County . We have found obscene material within licensed “Sexually Oriented Business” and soft-porn to hard-porn material in “Family” environments.  There are many studies around the nation which show there a correlation between the availability of pornographic and obscene material in a community and the rise in crime rate and the decline in property values. Following are questions relating to these issues in Wichita and Sedgwick County . Warning; There are graphic descriptions of sexually oriented merchandise below.   Over the last couple of weeks we have been growing more concerned a situation concerning Halloween costumes in “Spirit of Halloween” store and “Spencer’s” in the malls. Examples include one depicting bestiality with a sheep, and a giant size male genitals, among others.  The police were called and a case was filed. As far as we know the costumes are still hanging in the two “Spirit of Halloween” stores. In the west store the pictures on pkgs. have been covered Some History:   The Spirit of Halloween stores are owned by Spencer’s LLC. Over the last couple of weeks it was brought to Operation Southwind’s attention there were similar costumes in Spirit of Halloween and Spencer’s in the malls which were found obscene to the average public. The police were called on both locations and a case was filed concerning these costumes and it was turned over to the Exploitation of Children Division.   Last Monday, Oct. 22nd, OSW board members went to our appointment with Simon’s Mall at Town West. (We had already met with Towne East) When we got there Kevin Mahoney, general council for Spencer’s, was there. He diverted his trip from Philadelphia to San Diego to make this meeting with us and Simon’s Mall Mgr. At this meeting he told us the costumes were taken out of the stores. We commend them for that. Probably like you I had not been in Spencer's in 15 years or more. I was aware that they had edgy off the wall joke stuff and even some sexually suggestive item. Several board members including myself went in Spencer's for OSW to check about the Halloween costumes and were unprepared for what we saw there. Sexually explicit of every nature including bondage kits, restraint straps, and how to books. The costumes were there and to graphic to describe here. I apologize for the graphic descriptions but I feel you need to understand how serious this is. While there at least 20 teens were in and out of that store.  Spencer's admits they employ and sell to minors, none of us were  aware of this!   It seemed to us that mall management and Kevin Mahoney thinks it is OK for this type of material to be where minors can view, sell and buy it. Mr. Mahoney said our community must think it is OK because they are buying it.   It is worthy to note that Spencers has said they are receptive to the communities input. We need to take them up on that!!! Kevin Mahoney Spencers general council @ 1-609-645-5409 is the guy to call!!!! Let him know what you think (politely & respectfully) about this stuff being in our malls.   Probably more importantly call Robert Courtney Who is vice president. of the company that owns or manages the property:.   Robert Courtney, Portfolio Vice President Simon Property Group 225 W. Washington St. Indianapolis, IN  46204 317-685-8092

Unlicensed Retail Stores: These stores have high adult book store product content  (hard core sexually explicit items for retail) and do not have a license.  If minors cannot enter an adult book store, where as in a retail store ,minors can not only view or buy, but can be employed to sell  and give advise about these items. WHAT'S WRONG W/ THIS PICTURE?
	Spencer's in Towne West and Towne East Mall: We encourage you to visit your local Spencer's store near you. Be aware that some of the costumes that are no longer on the shelve  have already been sold  including one depicting bestiality with a sheep, and a giant size male genitals, among others.  We consider these costumes obscene and it's well w/in your rights to call the police	SELECT ONE
1	Do your children , grand children , or know of any other children that get dropped off at the malls to connect w/ their friends?	Choose Yes No
2	Are you aware that Spencer's has pornographic items for sale that minors can easily see?	Choose Yes No
3	Are you aware there are no age restrictions enforced at the entrance of these stores?	Choose Yes No
4	Should minors be able to view and have access to purchase sex toys such as vibrators and hard core sexual explicit images/reading material?	Choose Yes No
5	Should minors be employed for sales and assistance for the above items?	Choose Yes No
6.	Do you think the mall management should take action to remove the pornographic items from the mall?	Choose Totally Removed from shelves Placed in Adult Room
	Family Video:	SELECT ONE
7	Are you aware there are soft-porn, (“Mature Adult”, “Must be 18 to buy”) videos within the shelves of “G”, “PG”, “PG-13”, “R” rated movies?	Choose Yes No
8	Would you prefer this soft-porn, (“Mature Adult”) videos to be TOTALLY removed from the store or placed in an "Adult Room" or left on the shelves as is?	Choose Totally Removed from shelves Placed in Adult Room Left on Shelves as is
9	Are you aware there are hard-porn, obscene videos in an “Adult Room” in Family Video stores?	Choose Yes No
10	Would you like to see Family Video remove its “Adult Room” with hard-porn, obscene videos?	Choose Yes No
Licensed Adult Book Stores: These stores have a license for adult book stores although some opened up licensed as a "reading room".   Right now there is one located on the edge of a church's parking lot, one near a church, and another in front of a school crosswalk.  According to the new zoning ordinances, they will have to move by Dec.  31st, 2007.  Be vigilant to see that they do.
As we have investigated various businesses, we have found the city code written such that a so called “family” environment or business is able to offer for sale sexually oriented materials: Section 3.05.020 Definitions: (b) "Adult bookstore" or "adult video store" means an establishment which as one of its principal business purposes , offer s for sale or rental for any form of consideration any one or more of the following:   (1) Books, magazines, periodicals or other printed matter or photographs, films, motion picture, video c asserts, or video reproductions, slides, or other visual representations which depict or describe " specified" sexual activities or "specified anatomical areas"; or   (2) Instruments, device s, or paraphernalia which are designed for use in connection with "specified sexual activities." A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as "adult bookstore" or "adult video store" so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe "specified sexual activities" or "specified anatomical areas" (as defined below).
	Wichita City Code:	SELECT ONE
11.	In the above city code a retail business is only required to obtain a “Sexually Oriented Business” license if – “ one of its principal business purposes” – relates to sexually oriented material. Would you prefer this to “Stay as is”, or “Define a % Inventory, % Sales”, or “If even 1 item is for sale?”	Choose Stay as is Define % Inventory Defint % Sales If Even 1 Item
The Following Code applies to Sexually Oriented License Bookstores; Section 3.05.130 Private rooms and closed booths prohibited (a) The booth is designed for a single occupant; (b) The booth has a door or curtains which cannot be locked; which may extend downward not closer than fifteen inches from the floor, and which has an open space at the top so that the top of the door or curtain does not extend upward more than six feet from the floor;
12.	In the above code our Adult Bookstores can have viewing booths if they are in compliance; single occupant, non-locked doors, open spaces at top and bottom of door. Would you prefer this to “Stay as is”, or “No doors at all”, or “ No booths at all?” Stay or No Doors or No Booths	Choose Stay as is No doors No Booths
Other related questions;
13	Would you prefer the hours of operation defined for a Sexually Oriented Business?	Choose Yes No
14	Would you like to see the employees licensed?	Choose Yes No
15.	Would you like to see Adult Businesses required to meet regular Health Inspections?	Choose Yes No

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Operation SouthWind, 10,27, 2007.
Copyright © 2007]. All rights reserved.
Revised: 05/18/08