Elyse's Passion Obscenity Trial

Elyse Metcalf opened her adult entertainment shop Elyse's Passion in Cincinnati in 1999. In October 2000, she opened a new Elyse's Passion in the Over-the-Rhine neighborhood, which drew protests from some neighbors and politicians. In a local newsweekly profile, Metcalf described her store's mission: "We live in an erotically-challenged society, and people are carrying a lot of shame. My emphasis is on eroticism and the respect for the erotic imagination, education and enlightenment. My shop is for people who like to think about sex, from horny people to people who think as deeply as I am." In December 2000, the county filed charges against Elyse's Passion for selling adult videos which violate the county's strict obscenity laws. On May 4, 2001, Cincinnati police raided the store and seized merchandise, just hours before a widely advertised in-store event featuring several porn stars. On May 14, Elyse Metcalf's obscenity trial began with jury selection. In a weeklong trial, the jury found Metcalf not guitly of all counts.

In October 2000, the Cincinnati Enquirer reported on local opposition to Elyse's Passion opening in its current location. The article has a good photo of Elyse Metcalf. ... The same week, columnist Laura Pulfer profiled Elyse Metcalf, owner of Elyse's Passion, who says, "I'm trying to do a good, positive thing for this community. I want to make mainstream what used to be considered deviant sexual behavior."
Cincinnati Enquirer (October 2000)

Hamilton County officials filed obscentity charges against two stores, Tip Top Magazines and Elyse's Passion, for selling porn videos. This article informatively notes, "The videos named in the indictment are Air Tight Granny, Planet Max 5, Jeff Stryker's Underground, Kitty Foxx's Aged to Perfection Vol. 15 and Gangland 17."
Cincinnati Enquirer (December 2000)

Caroline Crispino browses Cincinnati's adult bookstores and sex shops, including Tip Top Magazines, Elyse's Passion, Pyramid Leather Crypt and Gallery, the Hustler stores and the Pink Pyramid. The article describes each store's particular style and inventory, and Crispino interviews several store owners. The article also discusses the difficulties in operating a sex-oriented business in Cincinnati, which has strict obscenity laws and a history of aggressive prosecution.
Cincinnati City Beat (Feb 2001)

Cincinnati police wearing ski masks raided Elyse's Passion, a local woman-owned adult video and sex toys store, on Friday. The raid came just hours before a widely advertised in-store event featuring several adult-film performers. Owner Elyse Metcalf said, "They put me in bondage. That's what handcuffs are for, right?" While police inspected the merchandise (and we expect they were very thorough), the porn stars signed autographs outside the store.
Cincinnati Enquirer (May 2001)

The Cincinnati Enquirer ran several related stories about pornography on Sunday, the day before Elyse Metcalf faces obscenity charges for selling X-rated videos at her store, Elyse's Passion. One article notes the confusing legal definition of obscenity, made no clearer by the Supreme Court's 1973 establishment of the "community standards" concept. A second article investigates Hamilton County's actual community standards on porn. Despite the county's high-profile porn crackdowns and conservative reputation, the Enquirer's research shows that Hamilton County residents purchase their fair share of pornography through cable and satellite TV, the Internet, mail order and other sources. "For decades, county law enforcement and anti-porn activists waged war against sexually explicit material, claiming community standards here were the highest in the country. But the question now is what happens to those standards if Hamilton County, as the numbers suggest, is actually an average market for adult entertainment." A sidebar traces the history of Hamilton County's battles against porn, strip clubs and sexually explicit art.
Cincinnati Enquirer (May 2001)

Adult Video News covers day one of the Elyse's Passion obscenity trial, during which the jury was selected. Elyse Metcalf states, "One of the jurists is a 50 year old female college professor who taught a course at Miami University on women and film. We also have an African American Southern Baptist Minister. We kept him but excused the Jesuit Priest. We had to keep at least one of them so we can thank God at trial's end."
Adult Video News (May 2001)

The Elyse's Passion obscenity trial heard opening arguments Tuesday morning. Prosecutors have charged Elyse Metcalf with "pandering obscenity" and operating the store without a license. Metcalf insists her store doesn't fit the description of a sex-oriented business requiring a license. Her defense also argues that the hardcore videos for sale at Elyse's Passion don't violate Cincinnati's community standards and thus aren't obscene. Jurors spent Tuesday afternoon watching the three hardcore videos at issue. On Wednesday, Elyse Metcalf took the stand to defend her right to sell sexually explicit material. Her defense also called a college English professor and psychiatrist who treats people with sexual dysfunctions. (The first and third stories linked here also include local TV news video segments on the trial.)
Channel Cincinnati (May 2001)

The jury heard opening arguments in the Elyse's Passion trial on Tuesday. The prosecution stated, "The tape will speak for itself. The movies are the best evidence of what is obscene." Jurors later watched the three videos chosen for them by prosecutors: Kitty Foxx's Aged To Perfection Vol. 15, Jeff Stryker's Underground, and Gangland 17. The defense stressed the value of individual rights; the artistic and therapeutic merits of hardcore pornography; and the local availability and consumption of comparable porn videos from various sources (mail order, the Internet, pay-per-view at local hotels, even the University of Cincinnati library), in order to show that these three videos fall squarely within Cincinnati's "community standards." On Wednesday, Elyse Metcalf testified in her defense. "I'm not a hypocrite. I do what I do because I want to make money. But this is something I believe in and I want to help people along the way. I didn't intend to break the law. I tried to work within the law this whole time."
Cincinnati Enquirer (May 2001)

The jury heard closing arguments and began deliberations in the Elyse's Passion case on Thursday.
Channel Cincinnati (May 2001)

The Elyse's Passion trial recessed for the weekend without a verdict. Late Friday morning, the jury had a question for the presiding judge, who was unavailable, so the acting judge sent them all home until Monday. Elyse Metcalf returned to her store in the afternoon, where she talked to Dirty Bob from Adult Video News: "I was on the news today and they asked what if we lose and Lou (Lou Sirkin, her attorney) said we aren't going to lose. They asked me if it is worth risking your freedom and I said well, when you are fighting for freedom - especially women's freedom - yes, it is worth risking your personal freedom. I later thought about that and suddenly it hit me: the real answer is that, if I am fighting for freedom, then obviously I am unfree. If I am free and liberated sexually but ONLY on an inner basis, then I am not totally free. Obviously, due to circumstances, what choice to I have but to fight for my freedom. I am not free to live as I wish in Cincinnati's society or I would not be in this predicament as it is."
Adult Video News (May 2001)

A Cincinnati jury found Elyse Metcalf not guilty of obscenity charges for selling adult videos at her store Elyse's Passion. The jury foreman said the state law defining obscenity was "ambiguous" and "left room for reasonable doubt." Metcalf isn't in the clear just yet; she still faces separate charges of not having a license to run a sexually oriented business. Another Cincinnati store owner, Joe Neuhaus of Tip Top Magazines, faces trial on nearly identical obscenity charges next month. ... This report on Metcalf's acquittal includes a local TV news report with video of Elyse Metcalf discussing the acquittal.
Cincinnati Enquirer | Channel Cincinnati

Elyse's Passion Obscenity Trial

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