W. Alan Beckelheimer "Something To Think About ..." Published June 23, 2004

Differences of opinion are protected under the First Amendment

In a democracy such as ours there can be but one supreme power, which is the legislative power, to which all the rest are and must be subordinate. To this end that citizens choose to give up their natural power to the society to which they enter into, the community as a whole puts the legislative power into such hands as they trust. Citizens shall be governed by declared laws. It is the legislative power that serves as the first and fundamental power in our society and no citizen can be exempted from it. The purpose of our Constitution is not to abolish or to restrain but to protect and enlarge freedom. The freedom of citizens under government is to have a standing rule to live by, common to every member of society, and made by the legislative power erected by it.

To put this into context, we are regulated by the United States Congress. We elect them, they serve in our stead. The same is true for our state and local elected officials. They serve our interests because we vote for them to do so. The laws they see fit to pass govern us as a society because we have already given them a mandate to act on our behalf by virtue of their being elected.

Our elected officials have seen fit to allow pornography to not only exist but be bought and sold like any other consumer product in America. In 1999 alone the adult entertainment industry grossed $10 billion. In fact, federal courts have consistently upheld citizens' rights to make, distribute, view and possess adult entertainment. Efforts at legally restricting pornography using the avenues of civil rights or 1st amendment protections have been soundly and summarily defeated in legal cases across the nation.

Monday witnessed the meeting of the Cumberland County adult-oriented establishment board which voted down Wright's application 4-0.

Caryn Wright's proposed adult novelty store complies with all federal, state and local laws. What's more, her right to open such an establishment is guaranteed by the 1st Amendment to our Constitution. Yet these considerations were tossed aside by the adult-oriented establishment board as if the Constitution held no relevance on Mondays in Cumberland County.

Why anyone's Constitutional rights would be trampled on in as patriotic a place as Cumberland County is beyond me, yet it is glaringly obvious to anyone that this is what occurred.

Perhaps it had something to do with the make-up of the board, which was appointed and not elected. Perhaps the board members felt the extreme amount of pressure placed upon their shoulders by concerned citizens of the community that showed for the meeting.

Now I am not a proponent for pornography or any lewd act for that matter. But what I will stand up for is the Constitution of the United States of America. When it comes under assault as it did on Monday, those Americans who understand its words and the ideals which it conveys must rally to its defense, without fear of reprisal.

This issue seems ridiculous to me because the impending threat used to scare citizens of Cumberland County (i.e. porn shops and perverts) already exist, and within the city limits. Not only are these shops already here, they do well for themselves and have lesser restrictions to bar the entrance of minors than do Hanky Panky adult stores.

I would also like to take issue with the way Wright has been unfairly demonized in our community just because she has chosen to exercise a right guaranteed to her by the United States Constitution. Wright has been called a pervert and a whoremonger. She has been threatened personally and has had her business threatened. The extent of these threats was such that she and her employee required a police escort from the hearing on Monday.

The facts about Wright are much more appealing than others would have you believe.

Wright has been an upstanding business owner in Putnam and Overton counties for an extended period of time. She has no criminal record. There is a lot of poverty is some rural areas around her other stores and instead of ignoring its presence, Wright donates money each year to help those in the community less fortunate than herself. She has remarked that she would endeavor to perform these same actions of charity in Crossville were she allowed to open her business.

While you might not morally agree with Wright and her intention to open Hanky Panky here in Cumberland County, you have to respect her Constitutional right to do so. The decision of the adult-oriented establishment board is unlikely to stand up to a legal challenge and I look forward to the day when this erroneous action is reversed to bring it in line with federal, state and local laws already in place.

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W. Alan Beckelheimer is a Crossville Chronicle staffwriter. His column appears each Wednesday in the Chronicle.