No charges have been filed in Spencer's Gifts raid
There are 34 comments for this page [ View ]Thursday, February 14, 2008
By JESSE FRUHWIRTH
Standard-Examiner staff
LAYTON — Davis County officials said Wednesday it is unknown whether charges will be filed against the Layton Hills Mall novelty store Spencer’s Gifts.
On Tuesday, Layton police served a search warrant against Spencer’s and seized sexually oriented material that they suspect violates Utah’s statute of dealing in harmful material to a minor.
It is unknown if minors had actually purchased the adult items or if corporate policy requires employees to verify customers’ ages.
Officials with the Layton Police Department and the Davis County Attorney’s Office said they had received complaints about the store.
Next week, the Davis County Attorney’s Office will meet with Layton investigators and representatives from the New Jersey-based Spencer Gifts LLC to determine if charges will be filed.
A call to the store Wednesday indicated Spencer’s had re-opened.
Updated Feb. 14 at 9:30 a.m.
Seized: Sexually oriented items accessible to minors
LAYTON -- Police say a Layton Hills Mall novelty store that strives to be "the most outrageous retail brand on the planet" must verify shoppers' ages before selling gummy candies in the shape of human genitalia and other sexually oriented products.
Layton police investigators served a search warrant Tuesday morning against Spencer's and seized any material they suspect violates Utah's statute of dealing in harmful material to a minor.
Layton police say the store is not verifying shoppers' ages and has the genital-shaped candies and other sexually oriented merchandise, like vibrators, in plain view.
"They are not selling anything that is illegal," said Layton Police Sgt. Mark Chatlin. "The issue is that it's offered for sale partly in view of minors and potentially to minors."
The store was told on three prior occasions that its practices may violate state law, but no changes occurred, he said.
He said he doesn't know if minors had actually purchased the adult items, if corporate policy requires employees to verify customers' ages before selling to them or if employees actually do those checks if required.
"It's their store policy that we need to look at."
An assistant manager was seen pacing in front of the store as police conducted the hours-long raid, but said he could not comment. Representatives of New Jersey-based Spencer Gifts LLC did not return multiple calls requesting comment.
Chatlin said plain-clothes officers previously investigated the store and found items "in the shape of genitals" and "things that are perceived to be sexual toys." The warrant authorized seizure of any item depicting nudity, sexual conduct or sexual excitement, he said.
Davis County Attorney Troy Rawlings and police officials said Spencer's was targeted because of complaints both offices received. Other businesses have not been the target of similar complaints.
"If we had a situation where this had been walled off from minors, then we wouldn't even be looking at this," Rawlings said.
Cindy Moreno, president of Utah's Communities for Decency, said her group has received complaints about the store. She said the group has encouraged concerned individuals to contact Rawlings. She said there was no concerted effort, however, to get group members to complain.
"A lot of adults don't realize their kids get dropped off at the mall and can get exposed to this material that's in there."
A mall official said the Spencer's store has been in the mall for more than 10 years but had no other comment.
The store has a small sign in its mall-facing window that reads "Parental Advisory: Adult Humor and Content."
Among T-shirts, posters, lava lamps and novelties, Spencer's sells personal massage devices with names like "G-Spot Vibe." That was one of the items officers seized.
On Tuesday, the company's Web site, spencersonline.com, indicated it operates at more than 600 malls throughout the U.S. and Canada.
"We are dedicated to providing our core 18-25 year old guests with innovative, humorous and fun merchandise that supports their lifestyle," the site reads. "Our guests find it impossible to resist the infectious laughter that comes from experiencing a Spencer's store."
City and county officials aren't laughing.
Rawlings said company officials indicated they are open to talking about how they can comply.
"I've already heard from Spencer's corporate counsel saying they'll do whatever they have to do to comply with Utah law," he said. "Obviously, they're not admitting that they engaged in violating any Utah laws."
Layton Mayor Steve Curtis would not comment on whether the city hopes to declare Spencer's a sexually oriented business, or SOB, under its municipal code, saying the investigation is ongoing.
That code, enacted in 1998 and replicated in other Utah cities, states novelty stores and other types of businesses that reap more than 20 percent of their gross receipts from sexual items must comply with the sexually oriented business code.
Sexually oriented businesses, in Curtis' words, are allowed to exist only in an "industrial park setting rather than a retail establishment."
When the ordinance was passed, city leaders said the zoning law would be as strict as possible to discourage sexually oriented businesses in Layton, but open enough to avoid lawsuits.
The city currently has no sexually oriented business-license holders.
At the time of its passage, less than 1 percent of Layton's total land area was open to most sexually oriented businesses and slightly more than 1.5 percent to escort services.
Utah law has a three-pronged definition of "harmful to minors" that is based on the U.S. Supreme Court's free speech "Miller Test." The state law says items are harmful to minors if: items appeal to the prurient interests of minors; items are "patently offensive" to the standards of the adult community as they apply to minors; and items do not have "serious value" for minors.
Comments
y'all need to talk with your kids about what's apprpriate and what isn't apprpriate. Do it at home on the internet.
OK Ok When i found out about this and from reading everyones comments i just had to put my two cents in. Now Im from Georgia and i will tell you in the "bible belt" they to have spencers in the malls and have never had any of this BS! Im not one that condones little kids going into that store, but like others have said if you can't be responsible for your children then thats your problem... don't put others out of work for stupid reasons. Im also a frequent shopper of spencers and have purchased some of those adult toys... their cheaper than in the adult stores... and guess what you have to show valid id to buy them. So you can look but i have seen the clerks refuse children from buying anything other than cards and non expiict shirts. And im sorry but utah worring about their kids seeing it... ha thats the least of your worries.... maybe you should go sit in the hallway of your childs school and listen to what they talk about...Hummm SEX! what are most of utah kids doing behinds their parents backs....SEX. And one other thing... as a mom i would much rather my daughter come home with a toy to use on herself than a boyfriend willing to take advantage of her.
It's funny that so many people are upset that the police are enforcing the law. It's not a Mormon law...it's a state law. For those who think it's only a state law because Utah is dominated by Mormons, wake up. Every state in the union has a similar law, even CA. Your rights aren't being violated any more than your rights are being violated when you get pulled over for speeding. If you don't like the law, call your legislators, run for office, or start a petition for a referendum. Nobody saying they can't sell it, just that they can't display it out in the open. Why anyone would complain about that law is beyond me.
Even though I'm an exmormon atheist that loves the Spencers stores, I would never want my children exposed to that merchandise when they're young. When they're older, they will have the maturity to know that there's more to sex than crude humor, but as a child, they can't determine that yet. Just as I wouldn't discuss horrific details of war with my 2 year old, I also don't think it's appropriate to expose minors to explicit sexual merchandise. I'm disappointed that Spencer's hasn't taken the responsibility it should have in the past, but I hope it will do the right thing and keep explicit merchandise out of view of minors in the future. There's nothing prudish about it - it's just smart.
Since when do community standards and morals mean church and state entanglement? Take a trip to Hollywood Blvd., or areas of San Francisco to see what lack of community morals looks like. Utah is not unique, travel the country and open your eyes. Try to get a drink in Lynchburg Tennessee, the home of Jack Daniels, which is in a dry county. I lived in a dry county in Illinois, and there are areas of Alaska that are dry. Mormons are not the reason as many assume, but rather the community taking responsibility for protection. Visit the South and see how things are done there, as they call it the “Bible Belt” for a reason. Try to take kids in most Las Vegas casino resorts for lunch (Freemont Street) and you’ll be turned away. Even “sin city” knows how to protect kids from vices. Parents need to be parents. Lagoon and The Mall are not child care center where you can drop your child off for hours on end, so you can go home take a Valium and watch Oprah.
Ok this whole thing is totally dumb. people are getting mad because adult merchandise is in view of minors, because it could influence the way they think. well should we go to deseret industries and take out all the bibles because they have stories about violence in it? if you don't want your children in the store then don't let them. plus the luv items are in a discreet location within the store towards the back. plus after talking with an employee, they can refuse the right to sell the merchandise.
Obviously someone thinks their views are much more important than everyone elses. Think about the people who work there. Did you think about that? Because someone is incapable of adequately controlling their children, the employees of this store have the chance of losing their jobs. Does anyone think of that or is it your self righteous ways and religion based morals that deter a person from logical thinking. Is this a free country or are we truly ruled by a minority vote.
Okay so they sell "sex toys." How do you stop minors from looking at this stuff, have a seperate part of the store, possibly a seperate small room inside the store, that only allows 18 and over persons to enter with ID. Is that so hard? They do this at all of the "sexually explicit" lingerie stores. Minors are going to find out about sex and I think they shouldn't be more exploited to it. If the store can't make a seperate room I would just suggest not carrying these so called "sex toys."
You know if my teenager came home and asked about a vibrator I would tell them but when a store has cartoon stuff at the front and a little child wonders in there I dont want to explain to them what a vibrator is for hell sakes people. Spencers walks a very fine line they always have my kids arent alowed in there something they have asked me about before I just tell them they arent allowed in there period. I am morman but I am not prudish about it and am very honest with my kids but also belive in being age apropriate and spencers is not.
I am a frequent visitor of the Layton hills mall. I am a teenager, and very aware of the topic of SEX! I moved here last year and ever since all everyone seems to do in their professional jobs, is talk about if whether the prophets would do it or whether the church would like that to be shown to minors. I believe the whole topic is rediculous and the truth is that Utah does mix church and state. *This was not an attack against the church of latter day saints.*
Well Utah already forces places to cover magazines and what not. Pornography isn't illegal in ANY state. Utah chooses to uphold laws not able to legally be enforced. This is all a violation of your rights.
And on a more practicle note, as repressed as Utah seems to be, where else are our children gonna learn about these things if the only thing the State and Church teach are ignorance? "Don't have sex cause we said so!" only breeds curiosity!
I've been to Spencers, I'm very sure that's not a place to be taking your young children or letting them play in there! But isn't that really on the parents to understand the store & watch your children? Of course, maybe that store shouldn't be in the mall! If you don't like the store, don't go inside! You wouldn't let your kids play on the freeway, you wouldn't let your kids play with matches, so stop letting your kids play in Spencers! How hard is that?
Hey I love those kinds of toys but I would also never expose them to my young children or anyone elses young children. Its just common sense. I love spencers and everything it has to offer. But it wouldn't be such a bad idea if they had things like that in an adult only room. Like I said common sense;) Oh and for the record I aint mormon either. some things are rediculous but not this.
I also saw the same personal massagers in Wal-Mart, too! I guess no more trips to the mall, wal-mart, barnes and noble........When will the list end?
Did you know that Barnes and Noble carry sexually explicit books? Books on Kama Sutra, etc. They are out in the open, not behind the counter. Talk about an "innocent" trip to the book store.....
keep the sex toys away from the kids. that's not the kind of item that should be in plain view. what's wrong with you people?
I don't see what the big deal is with requiring that the explicit material be out of view of children. I just moved from CA, the most liberal state in the country, and even they have the intelligence to protect their children. Utah is not unique in this respect. As far as the "BE A PARENT" comment, you must not be a parent. You do your best to teach your children right from wrong, and you guide them as well as you can. It is impossible to keep tabs on them 100% of the time, and it just makes good sense to keep graphic material out of view. I also don't know why ignorant, intollerant morans always have to bash Mormons for having a good value system. I'm not Mormon, and I don't agree with the tenets of their faith, but I don't see why being a decent person is a problem.
If you don't want your kids in Spencers then BE A PARENT and keep them out. If you can't control your kids, you shouldn't have them. You people just want everyone to live by your backward rules.
what exactly does 'mainlie' mean? :)
come on. this isn't a mormon or non-mormon thing. it isn't about keeping the topic of 'sex' from teenagers. it's about decency.
like when you didn't have to worry about your 2 year old hearing swear words at mcdonalds.
decency. manners. like not bickering in a forum.
i have lived here for more then 30 years and agree with ut not seperatting church & state
Kids are going to find out about *gasp* sex regardless of where things are sold. However, parents do have a right to protect their children, much as people have a right to disagree. There's no need to stereotype anyone or yell at them because of how they want to protect their children. If its against the law and changes need to be made, then make the changes, take a breath, and get on with life.
Kids are going to find out about *gasp* sex regardless of where things are sold. However, parents do have a right to protect their children, much as people have a right to disagree. There's no need to stereotype anyone or yell at them because of how they want to protect their children. If its against the law and changes need to be made, then make the changes, take a breath, and get on with life.
It is happenning in Maine and it is abuse to children to exspose them to this stuff. No I am not Mormon.
Joyce
"We have a right to complain about things of this type."
Melinda
Quote"The majority of the people who go into Spencers is minors and children should not be exposed to these kind of items."
Joyce, you may have a right to complain. But idiots like you take fun out of life.
Melinda, Simple this... Parents are the fault of this. You bring your kids into stores like this or allow them to go into them and complain how they are exposing kids to sexual things. You guys need to grow up... If you dont want your kids to be expose, then don't bring them in it or don't allow them to go in to them...
Simple as ABC....
Utah sucks, and so do the mormons.
Well Tom if you dont like Utah then move.
I am a mother of 9 all grown up and I have several grandkids that love the mall. Im not stuffy or uptight and I love fun things as much as anyone else. We have a right to complain about things of this type. And because we do we are heard and YOU and I have a great place to live and raise our famlies. So get real and quit throwing us under the bus.
Not a mormon either, sorry, you don't have to be a uptight mormon to care about what your children are exposed to. Sorry for you....
Tom, don't get the idea that it only happens in Utah and is due to the predominant religion...it happens out of Utah as well. Take the blinders off!
No such thing as a not uptight moron sorry mormon.
It doesnt have anything to do with church and state. The majority of the people who go into Spencers is minors and children should not be exposed to these kind of items. There are safe places where these items can be sold they don't have to be out in the open for innocent children to see. They are exposed to enough sex as it is, they don't need to take a innocent trip to the mall and see adult items such as those. (I am not a uptight mormon, just a concerned mother of 4)
ONE MORE EXAMPLE OF JUST HOW UPTIGHT AND CONTROLING THIS STATE IS DUE MAINLIE TO THE PREDOMINATE RELIGON IN THIS AREA NOT BEING ABLE TO PROPERLY KEEP CURCH AND STATE APART.
Text 
Parenting is a very hard job. It seems that many comments have been posted that assume we can keep an eye on our children all of the time. It's not a good idea to micro-manage your teenagers. I teach them about decency and dignity, but the local mall should not be a place where crude sexual merchandise is readily visible and accessible for minors.