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March 2000
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The lieutenant's activities "violated the constitutional rights of the...members of the community." |
This difference in "cultural sensibilities" sparked an altogether more serious incident in Corpus Christi when police visited at least three comic shops to issue warnings about the sale of anime videos. One of the retailers involved contacted the Fund immediately following the police visit, and he was speaking with CBLDF legal counsel Burton Joseph within the hour.
The
retailer had been informed by a police lieutenant that it was "illegal"
for him to sell any adult anime video tapes. These videos, which are clearly
marked with the "Anime 18" age rating, included such films such as Return
of the Overfiend and the critically-acclaimed Akira. At the
store in question, all such titles are kept behind the counter and it
is store policy to require proof of age before selling these tapes.
There was no clear issue of any such tapes being sold to a minor. According to the police lieutenant, any sale of adult anime was a criminal act. The police further warned that they would be watching the store and would arrest any employees who sold the tapes.
Anime videos for all ages are an important component of the store's sales, as they are across the comics market. Understandably, the retailer was reluctant to simply remove them from the store. Burton Joseph drafted a strongly worded letter to the police lieutenant, reminding him that it was illegal for "law enforcement authorities, on their own initiative, to act as community censors of any written or visual media." Joseph goes on to point out that the lieutenant's activities "violated the constitutional rights of the producer, distributor, retailer, and members of the community who wished to purchase the material you seek to suppress."
Meanwhile, the Comic Book Legal Defense Fund alerted the Texas Civil Liberties Union and the Video and Software Dealers Association about the incident. The Fund also spoke with a number of leading anime experts, including two Texas professors who have written extensively about the role of anime and manga in Japanese pop culture. In addition to opening a very informative dialogue with scholars willing to serve as expert witnesses should the case go to trial, the Fund also secured pledges of support from several of the major US anime distributors.
At press time, no further incidents have occurred. After two months, neither Joseph nor the Fund have received any response from the local police department. It is unknown whether any of the stores in the area were or continue to be under surveillance. The CBLDF remains in contact with the store owner, and stands ready to act should an arrest be made.
UPDATED June 2000: A trial may indeed be pending on an obscenity charge for this Texas retailer.
NEXT: Eightball--Satire No Laughing Matter in San Antonio>>
The Comic Book Legal Defense Fund was founded in 1986 as a 501 (c) 3 non-profit organization dedicated to the preservation of First Amendment rights for members of the comics community. Donations and inquiries should be directed to the Comic Book Legal Defense Fund.
For additional information, call 413-268-7776 or e-mail the CBLDF staff.
271 Madison Avenue, Suite 1400
New York, NY 10016
800-99-CBLDF
info@cbldf.org
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