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Porn Newz - Adult Industry News, Events & Articles

Monday, February 25, 2008

Provo eyes adult toy accessibility at Spencer Gifts

Jeremy Duda - DAILY HERALD
A chain of racy novelty stores that was recently raided by Layton police may be facing similar legal problems in Provo.

Provo police spokesman Capt. Cliff Argyle said his department and the Provo city attorney are investigating complaints about the Spencer Gifts in Provo Towne Centre mall that could lead to misdemeanor charges.

On Feb. 12, police raided the Spencer Gifts at Layton Hills Mall and seized 15 boxes of items they said were sexually explicit. Davis County Attorney Troy Rawlings said his office is concerned about the availability of those items to minors.

There are no plans to raid Spencer Gifts's Provo location, Argyle said, but the city and county attorneys are looking into the possibility of filing charges against the store. Argyle said they are considering misdemeanor charges of indecent public displays, a misdemeanor. Davis County is investigating possible felony charges of dealing in material harmful to a minor.

"Our city attorney was looking at some of the items, the novelties and posters that they're distributing from the store," Argyle said. "The city attorney was going to look to see if there were any misdemeanors that might be committed there. But as far as a search warrant or any kind of raid, we're not planning any of that."

Utah County Attorney Jeff Buhman and Provo City Attorney Robert West could not be reached for comment.

While officials in Provo are contemplating legal action, Spencer Gifts is working on a deal that would avoid formal charges in Layton. Rawlings said he has met with attorneys from the New Jersey-based chain, which has outlined a series of steps it is willing to take that would put the Layton store in compliance with Utah law and keep the Davis County Attorney's Office from filing charges.

Rawlings said the company is willing to make significant changes that would prevent minors from viewing sexually explicit items, such as repackaging some of its merchandise. He said a Spencer Gifts attorney e-mailed him on Friday to say that the company has already talked to its construction firm in Utah about taking steps to shield some merchandise from minors.

"It looks like Spencer's is serious about complying with Utah law, and if they are, then basically we've accomplished our objective. There's a victory on behalf of minors without having to actually file criminal charges," Rawlings said.

Heather Golin, a spokeswoman for Spencer Gifts, said the company is hopeful that a resolution will be reached in the near future, but would not say what that resolution might entail.

"I can't comment on that until we get the details all ironed out," she said.

Rawlings would not say what items prompted the raid because formal charges are still a possibility. Merchandise at the Spencer Gifts at Provo Towne Centre includes sex toys that resemble male genitals, candy underwear and a variation of fuzzy dice shaped like breasts.

Golin said she didn't know if every Spencer Gifts location carries the same inventory.

"Typically there's a decent amount of merchandise that we carry at all stores," she said.

Spencer Gifts also has locations at the Newgate Mall in Ogden and the Fashion Place Mall in Murray. A spokesman at the Ogden police department said he was not aware of any plans to file any charges against the store. A Murray police spokesman could not be reached for comment.

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