Among the most emotionally-charged of today’s political issues are those which are sexually based. The Missouri Legislature has been wrestling with such issues over the last year in the form of laws designed to limit the commercial advertising of adult businesses including retail pornography shops and topless night clubs and laws designed to track those convicted of sexually based crimes.

Last year, a law that restricted billboard advertising of adult stores was eventually struck down as being unconstitutional. Some lawmakers have already stated that they intend to recraft the proposals in the upcoming legislative session.

Cosby: "In the area of legal and public policy the purpose and mission of the NCPC&F is to protect children and families from the deleterious effects of today’s ever increasing graphic and highly sexualized images. In addition the NCPC&F seeks constitutional strategies to aid government in confronting the sex industry in the public square and regulate its negative impact on communities. "

Cosby: "The core purpose of government is to protect the health and safety of their communities which is expressed in the oath of office to ‘provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity…’

"The US Supreme Court in its 1973 ‘Miller’ decision ruled and has always upheld that ‘obscenity’ is not protected 1st amendment free speech. It is like liable or slander and is subject to a ‘community standard’ trial to determine if that community in. Our efforts to petition for Grand Jury investigations into pornography outlets have been successful in Kansas and have resulted in gaining indictments against thirteen pornography outlets these past two years and now these strategies are beginning to gain momentum in Missouri .

"For thirty years the courts have consistently recognized that the sex industry will negatively effect a community primarily by increasing crime, increasing sexually transmitted diseases, general blight and depreciation of property values. These findings are the constitutionally upheld basis for sexually oriented business (SOB) zoning ordinances upholding the right of a community to protect themselves from the proven deleterious impact of SOBs. Connecting the dots or the cause-and-effect of addictions to pornographic images and increased sexual criminal behavior is no mystery to law enforcement and the courts. At least one third of inmates in the state prison system are sentenced primarily for sexual crimes. In Kansas the cost is close to $50,000 per year per inmate. With a total of 9,000 prisoners in the Kansas system this is a huge pocket book issue. Sexually transmitted diseases have exploded and now comprise a list of some twenty nine different STDs. Health care costs escalate at a corresponding rate.

"The sex industry boasts that they are more profitable than all professional baseball, football and basketball sports combines. In another boast they claim they have more revenue than ABC, NBC & CBS combined.

"Pornographic movies available in the rooms of some of America 's best-known hotel chains have caught the attention of conservative activists, according to the Associated Press. A coalition of 13 pro-family groups have taken out full page adds calling on the U.S. Justice Department and the FBI to investigate whether some of the pay-per-view movies widely available in hotels violate federal and state obscenity laws.

"By some estimates, adult movies are available in roughly 40 percent of the nation's hotels, representing more than 1.5 million rooms. Industry analysts suggest that these adult offerings generate 60 to 80 percent of total in-room entertainment revenue — several hundred million dollars a year.

"Why shouldn’t the pornography industry pay for some of the toxic waste and court upheld proven damages they inflict on a community? Today, you and I pay the full burden of this cost while the sex industry, which is profiting from and fueling this problem, is not paying for any damages. A chemical company would pay a premium for a toxic spill, so should the SOBs."

Cosby: "Any legislation will have to be carefully worded because it will be challenged by the well funded sex industry. All these approaches are fraught with legal considerations. Earlier this year, the 8th U.S. Circuit Court of Appeals struck down a Missouri law that would have regulated billboards by sexually-oriented businesses. The court ruled that the law infringed on the businesses’ First Amendment right to free expression. In response to that ruling another billboard bill will be introduced because the court provided guidance on how to fix the law. When you are trying to regulate sex shops, you understand that the legislative work is only step one and then after that, you’re going to have to battle in court."

Cosby: "Individuals do make choices as to their personal conduct but if that conduct begins to spill over into a community negatively, that community has a legal right and obligation to protect themselves. For example, a person can drink alcohol all day long and the legal system is not overly concerned. However, if that same person gets behind the wheel while under the influence of alcohol and kills someone then the negative impact and danger to a community is evident. There is a compelling governmental interest to regulate the sale, distribution and operation of liquor stores and saloons. The courts view SOBs and their proven negative effects on communities in the same light. This is a compelling governmental interest!"

Cosby: "The point of law that concerns the courts when it comes to the negative effects of SOBs is not one based on a moral argument. Legislatures in this country are confined to making law based on evidentiary fact and with some liberty we can appeal to common sense. In the court’s language, a law pertaining to sexual materials must narrowly tailored to be ‘content neutral and intended to curb secondary effects’. In other words moral arguments are not a consideration or a ‘neutral position’. It is the proven negative effects of the sexualized materials and performances themselves squarely on trial. To base a law on moral argument against the sex trade alone in this day is considered a violation of the constitutions protection of 1st amendment right of free speech or in this case protected ‘erotic speech’. The courts have upheld zoning laws for this same logic of increased crimes and we believe the courts will uphold an SOB and sexually explicit materials tax for the very same logic.

"But directly to your question on ‘legislating morality’, a person would be hard pressed to find a law, ordinance or statute that did not reflect someone’s value system. Laws against murder, theft or perjury serve to promote a safe and healthy society and at the same time can easily be identified with a moral principle. Often today the courts refer to it as ‘common sense’. It is the height of naiveté’ to assert that public policy is crafted in a moral vacuum void of any values. For certain there are competing values and in our system, public policy is forged in the crucible of public debate and political discourse which we at the NCPC&F do not shy away from.

Cosby: "There have been increased efforts by law enforcement to validate the location of sex offenders. In some cases it is reported that up to one-third of registered sex offenders can be categorized as absconders and evading the system of monitoring. In fairness to law enforcement they have only so many resources to provide for the safety of any community. A taxation of SOBs and sexually explicit materials would provide revenue specifically tailored to combat a related and growing segment of criminal behavior."

Cosby: "There are a myriad of legislative initiatives in many states and Federal legislatures seeking ways to confront the aggressive and toxic sex trade. In Missouri we are watching the SOB billboard issue as well as the statewide effort to regulate the time and manner of SOBs."