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SALT LAKE CITY — Some pornographic websites are beginning to comply with a new Utah law requiring that warning labels be attached to adult-oriented materials.At least three major porn sites — Pornhub, XTube and RedTube — have begun attaching an opt-in notification for visitors from Utah, which says that the state believes pornographic materials can be harmful if viewed by minors."It shows for a lot of businesses, they're more concerned about their pocketbook than they are about being prosecuted," said Rep. Brady Brammer, R-Highland, who sponsored the bill earlier this year.Brammer's bill got national attention, and he faced pushback and threats of lawsuits from the adult entertainment industry when it debuted earlier this year. XHamster, another adult website, even trolled the bill by posting a parody warning on its site for Utah viewers to see.Brammer watered down the original bill, and it passed the legislature. Utah Gov. Gary Herbert, a Republican, allowed it to go into law without his signature.The law allows people to bring a private civil action in court against a site for displaying "obscene" materials, but it would require someone to go to court and have something declared "obscene."A trade group representing the porn industry said it advises websites not to comply with the new law, believing it is still unconstitutional."No matter the message, the First Amendment restricts the government's ability to compel speech. Individual companies may choose to comply because it's easier than facing lawsuits or fines. We've never advised our members to comply, and don't believe this is being done in any widespread manner, but respect that a business may make decisions that limit potential liability," Mike Stabile, a spokesman for the Free Speech Coalition, said in an email. "As with similar, previous legislation in Utah, we'll eventually see the law challenged and overturned, and at no small expense to the Utah taxpayer. That's unfortunate, because that money and energy could be spent educating people about actually effective methods of protection, like parental filters."An email sent to Pornhub requesting comment on why it began posting warning labels was not immediately returned.While no websites have challenged the law in court, Brammer believes it will hold up."So far, it's been a lot of talk. I don't think that they will, if they do bring a legal challenge, I don't think they'll be able to succeed on that," Brammer said. "We have a difference of opinion on that. They haven't felt confident enough yet to bring a legal challenge and most of the companies, rather than make the challenge and spend the money on that, they're complying."Brammer said he ultimately would like to expand the legislation to allow for people to sue an adult website, even if they don't know who owns it.But he said he was not planning to bring that forward in the 2021 legislative session that begins in January. Other states have expressed interest in running similar legislation, he said.Brammer said the warning label law has already alerted parents when their child was re-directed to an adult site, and it's educated them about parental filters.He insisted his bill did not block adults from viewing pornography, just minors."If that's where they want to go, they're going to get there. And I'm not trying to stop that," he said. "But I'm giving them a chance if that's not where they want to go."This story was originally published by Ben Winslow on KSTU in Salt Lake City. 3510
SAN DIEGO (CNS) - A convicted sex offender's potential release from a state hospital and subsequent placement in Jacumba Hot Springs drew a substantial crowd to a downtown San Diego courtroom Friday, which included the inmate's victims and others opposing his placement in eastern San Diego County.Alan Earl James, 56, was convicted in 1981 and 1986 of numerous sex- related felonies involving several minor victims -- which included James' younger relatives-- and sentenced to 28 years in state prison.James, who is classified as a "sexually violent predator," was committed to Coalinga State Hospital, where he was undergoing treatment "for an indeterminate term," until he petitioned for a monitored conditional release last summer, prosecutors said.The California Department of State Hospitals have proposed to place James at 45612 Old Highway 80 in Jacumba Hot Springs, a property under the jurisdiction of the San Diego County Sheriff's Department staffed by sheriff's deputies that previously housed sexually violent predators.San Diego County Superior Court Judge Albert Harutunian -- who recommended James' integration into the conditional release program last fall based upon the evaluation of psychiatric experts -- said he understood the public's opposition to James' release, but said citizens would be better suited directing their concerns towards the legislature, which determines sentencing guidelines and penalties for offenders.Nonetheless, several speakers that included James' relatives victimized as children, spoke of their fears that James would re-offend, even if released to a supervised facility.Robert N., who now lives on the East Coast, said he flew 3,000 miles to make his voice heard regarding James' release. He said James held a butterknife to his neck and threatened to kill him if he told anyone about the abuse, which happened to him and his siblings more than 30 years ago."My biggest fear is that this time, he'll end up killing a kid," he said. "I understand that he's going to be monitored and all that, but eventually, there's going to come to a point where someone's going to turn their head or something and not be paying attention and that's where he's going to end up striking."Robert N.'s sister, who went by L.N. while speaking to the court, said James assaulted her when she was four years old, and urged Harutunian to have James placed in a facility apart from communities where children and families live."I feel he will re-offend given the opportunity," she said.Following his conviction and release for abuse committed against her and her siblings, L.N. said James assaulted another girl and was convicted again."I understand he has to be released. However, he just does not need to be in the community of San Diego. I no longer live in San Diego. However, I still have family here, family that are children, as well as adults, and will all be impacted by this. I just fear that he will hurt another child and I don't want that to ever happen again."County Supervisor Dianne Jacob, whose district includes Jacumba Hot Springs, said the rural communities of eastern San Diego County have experienced "an over-concentration" of sexually violent predator placements and have become "easy pickins" for the placement of sex offenders.According to Jacob, nine sexually violent predators have been placed in Jacumba Hot Springs, Campo and Boulevard."There are not the resources, there are not the services out there (in the East County) in order to support the ongoing treatment of sexually violent predators, yet the state has chosen to place nine of these in these communities anyway, and I believe it's wrong and enough is enough," Jacob said.Harutunian said he wanted to take time to consider the options for placement and would render a written decision on the matter at a later time.Mary Taylor, a victim of sexually violent predator Alvin Ray Quarles, also known as the "Bolder-Than-Most" rapist, said she felt the decision to release James without notifying his victims should be considered a violation of the California Victims' Bill of Rights, otherwise known as Marsy's Law.State law only requires victims be notified when hearings regarding placement are held, not for proceedings considering a potential conditional release.Quarles recently was recommended for placement into a conditional release program at a facility in Jacumba Hot Springs, but the decision to release him will be reconsidered during an evidentiary hearing tentatively slated to begin in May. 4529
SAN DIEGO (CNS) - A 26-year-old motorcyclist was killed Saturday after losing control of his bike, hitting the center median curb and continuing across the lanes of Scripps Poway Parkway in the Miramar Ranch area, San Diego police said.The crash took place on the Scripps Poway Parkway, near 11800 Spruce Run Dr., at 1 a.m., SDPD Officer J. Buttle said.The motorcyclist riding a 2017 Yamaha was moving at a high rate of speed, and failed to negotiate the rightward bend in the road, Buttle said. The man ended up along the south curb line.He was pronounced dead at the scene, Buttle said. His name was withheld pending notification of next of kin.Anyone who witnessed the crash was asked to call the SDPD at either 619-531-2000 or 858-484-3154. Tipsters can also call Crime Stoppers at 888-580- 8477. 808
San Diegans already pay some of the nation's highest gas taxes, and they're about to fork over even more at the pump.On Wednesday, the state will raise the per-gallon tax by 12 cents to 41.7 cents per gallon. That's on top of existing state and federal taxes drivers pay on regular gasoline. Gov. Jerry Brown and the state legislature approved the increase earlier this year to help fund state and local transportation projects. There's an interactive project map here. The new tax is supposed to generate about billion over the next 10 years. "For us just regular people, we don't have the extra money to pay for gas, especially with the commute," said La Mesa resident Anneke Crowder, who was filling up Monday. But there is one force at play that could lessen the hit from the increase. The day the tax goes up, Wednesday, is also the day that gas stations can start selling the less expensive winter blend.Marie Montgomery, a spokeswoman for the Auto Club, says that should cut the gas price about 6 cents, offsetting half the increase.Diesel drivers will be hit harder on Wednesday, when the per-gallon tax increases 20 cents, and the sales tax goes up to 13 percent. On Monday, the average gallon of regular gas cost .05 in San Diego, and Diesel .14. 1308
Saddened by the loss of so many innocent lives in El Paso, TX. Our prayers are with the victims, their families, and the entire community. Grateful for the courageous efforts and swift action by federal law enforcement and local first responders.— Vice President Mike Pence (@VP) August 3, 2019 308