John Lark, who has been referred to as Australia's version of Larry Flynt, declared that pornography laws down under were "plain silly" in a Brisbane District Court yesterday.
Lark was defending an appeal against a magistrate's decision to clear his company retail chain Good Vibrations (not related to the San Francisco chain of the same name) of charges for selling banned X-rated films and magazines.
Yesterday began the government's appeal of a not guilty verdict in an obscenity case in which Lettvale Pty Ltd, the official name of Good Vibrations, was accused of selling objectionable videos and magazines.
The case is considered similar to one made famous in the movie The People vs. Larry Flynt, in which Flynt challenged obscenity laws on First Amendment grounds.
A government inspector had purchased adult videos and magazines from Good Vibrations. Consumers are currently allowed to possess adult material in Queensland, but not allowed to sell it. There is a discrepancy between the laws of each Australian state and the Australian federal government.
"I can buy blue movies by mail order from the ACT(the Australian Capital Territory) . . . but I'm not entitled to buy them legitimately from my local sex shop," Lark said in court. "That's not just unconstitutional, it's just plain silly."
Lark's solicitor, Chris Nyst, said many similar court cases throughout the country were awaiting the final outcome of this matter.
"This, in fact, is a test case standing in front of another 100 prosecutions," Nyst said.
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