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Albuquerque zoning codes might threaten Nob Hill erotic film festival

By J.A. Montalbano, Tamara N. Shope
Saturday, December 1, 2007

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Moviegoers waiting in the drizzle to see "Annie Sprinkle's Amazing World of Orgasms" at the Guild Cinema in Nob Hill were in for quite a shock: It looked like the city was shutting down this weekend's adults-only "Pornotopia" film festival.

But with the American Civil Liberties Union jumping into the fray with the festival organizers and the city's Code Enforcement Division, the show went on Friday night at the last minute. But whether the X-rated fare will continue tonight and Sunday remained up in the air.

The city zoning code might prohibit such films from being shown. That means organizers could face a fine from a single misdemeanor charge.

"They can proceed with the festival; there's nothing we can do to stop the festival," City Attorney Bob White said today. "The issue is, does having this festival make them an adult-amusement establishment under the provision of the zoning code?"

The three-day film festival has been promoted as a healthy sybaritic celebration targeted at mainstream audiences, not the hardcore straight-to-video porn or the crude fare that was prevalent in seedy 1970s movie theaters. In Friday night's crowd of about 100 at the Guild, there were many couples, making it seem like just another date night at the movies.

But the city, noting the publicity surrounding the event and citing complaints from neighbors, warned that the zoning code might forbid such a presentation.

At 4:45 p.m. Friday, about two hours before showtime, the Guild said it was served with a notice from the city that "advised" the owners about several sections of the city code that prohibit the screening of explicit images.

"If you conduct your business as an adult amusement establishment, even on a temporary basis, you will be cited for violation of the law," said the note from Matthew Conrad, code enforcement manager for the city's Planning Department.

Molly Adler and Matie Fricker, who own Self Serve, which markets itself as an upscale erotic boutique, curated the film festival. They rented out the nearby Guild Cinema, owned by Keif Henley and Peter Conheim.

ACLU Executive Director Peter Simonson said it was a First Amendment issue and that the festival organizers shouldn't be treated the same as a regular adult venue.

"They are doing a service to the community," Simonson said, "and they shouldn't be prohibited from presenting this entertainment."

"There's no harm implicit in this show," Conheim said. "It's 18-and-over, and it's a free country."

White said today that he hasn't heard any neighborhood complaints, and that "mountains have been made of molehills."

Regardless of whether the festival incurs a $500 fine or thousands of dollars in fines, as previously expected, the principle is the same, said Adler.

"We (at Self Serve) are trying to tell the world, here's an alternative to the sleaze. That's a serious code of ethics we stand by," she said today. "For the zoning code to throw something at the Guild, like `We're wrapping you up and throwing you in with the strip joints,' I think that's a problem."

Conheim said the city code shouldn't apply to an above-board presentation of erotica any more than it should apply to a nude statue at a museum.

"I have to take exception with the ordinance itself," he said. "We're not going to deny there is nudity and sex in the films. But the distinction has to be made between exploitative and nonexploitative."

Conrad said the city was not trying to shut down the festival.

"We had great concern from the neighborhood, they've expressed concern themselves," Conrad said. "I don't know if it (the festival) meets the definition of adult amusement. What we did was went ahead and gave a letter outlining what adult amusement was and asked them not to violate the law."

Conrad said his department acts as "educators for the land use."

"We are merely giving them the information, so they can make an informed decision," he said. "There are zone categories that allow these, and this one does not."

With the ACLU jumping in to represent both Nob Hill businesses, a compromise was reached at 6:55 to allow Friday night's films to be shown without penalty, said Fricker, one of the Self Serve owners and the one who dreamed up the festival.

Simonson said he was told by attorneys for the city to expect a decision today as to whether the city will pursue code violations.

"The key question we're concerned about is that this is not an adult-entertainment establishment," Simonson said. "The city has distorted the definition of an adult establishment."

Conheim said the Guild is threatened with a $500 fine for each time it shows a sexually explicit movie. The festival has eight films on the schedule the rest of the weekend.

Conheim said he and the Self Serve owners agreed that they couldn't afford to chance thousands of dollars in fines.

"We're struggling businesses," Conheim said, "so doing something like this . . . just hurts the pocketbooks of two small local businesses."

Most filmgoers Friday night waited patiently while the deal was reached, the $7 tickets were collected and a news conference was held explaining the situation.

"It doesn't surprise me," said Mike, who was there with a date and declined to give his last name. "It doesn't take a majority to cause a fuss, and everyone knows there would be a small minority here that could make a fuss about this."

Fricker said the festival was designed to promote positive images, citing the opening film, "Annie Sprinkle's Amazing World of Orgasms," which she called "exciting and wonderful."

"It's 26 people talking about their experiences, and I think it's a beautiful film," Fricker said.

Later, she added, "Sex is healthy, and pleasure is good for you, and there is no shame in that," which brought applause from the crowd that sat through the news conference before the lights finally dimmed around 7:45 and the opening credits rolled.

She said she and Adler planned to circulate a petition to show community support for the festival.

Conheim, holding a copy of Conrad's letter, joked that someone had to explain to him what the law means by "human male genitals in a discernible turgid state." In fact, the late show on Friday (and perhaps tonight) was a classic 1970s X-rated movie starring porn legend John Holmes. The film was being billed as retro kitsch and presented in 3-D, not an unusual event at independent cinemas.

Neither Nob Hill business said they had gotten complaints about the festival.

"We've never had neighbor complaints," Conheim said. "We've had people disagree with us on the politics of the movies we've shown. . . ."

Conheim said the Guild and Self Serve will await the city's decision and then consult with the ACLU before determining whether to proceed.

"The four of us are going to decide," Conheim said. "The four of us are totally in this together."