Shawn Writes Stuff

Hancock County officials upset by porn peddling





By Bill McCleery

bill.mccleery@indystar.com

May 14, 2004





MOUNT COMFORT, Ind. -- Hancock County officials are trying to stop a man from selling pornographic movies to truckers at the Mount Comfort Road exit off I-70.



Joe Byrer, 40, advertises his wares over his CB radio, telling other motorists on Channel 19 that he's offering X-rated flicks at the price of three for $20.



He then parks his red Chevy pickup along a dead-end road adjacent to the Pilot Travel Center and waits for customers.



"That is not a permitted use for that property," said Mike Dale, Hancock County's chief zoning enforcement officer.



Byrer's preferred spot for selling his merchandise is less than a mile from Mount Comfort Elementary School and Mount Comfort United Methodist Church.



Efforts to force Byrer out of the area have proved difficult, however, partly because of questions over what laws, if any, he is violating. The County Commissioners may consider the matter Monday.



Dale thinks a strict reading of the county's zoning laws prohibits Byrer's business. But Hancock County Sheriff Nick Gulling said he does not know of any laws being violated.



"It's not a major issue with us at this point," Gulling said. "But we'll continue to follow it and see what we're going to do."



The Sheriff's Department ran a background check on Byrer and found no problems, said Deputy Joe Hunt. Byrer sought the Sheriff's Department's guidance on making sure he had any needed permits, Hunt said.



"We don't have a peddlers ordinance or law in this county that we know of," Hunt said.



The first complaint about Byrer came in this month.



But he refuses to leave unless officials can show him he is breaking the law.



"I went through all the channels to do this legal," said Byrer, who lives in Indianapolis.



He sells only to adults he reaches through the CB, he said. He does not advertise with signs, and no pornographic images are visible to bystanders, Byrer said. In his mind, he's providing a public service.



"When truckers drive 11 hours, they have to rest for 10 hours (by federal regulation)," he said. "Let's give them something to do to kill time."



They could do worse things than watch pornography, Byrer said.



But others fail to see any benefit to Byrer's entrepreneurial activities.



"I'm actually quite shocked that a person is allowed to do that," said Nick McCallaham, manager of the nearby Pilot Travel Center.



McCallaham has tried unsuccessfully to get Byrer to take his business elsewhere.



Some Pilot customers have the misperception that Byrer is peddling his videos at the truck stop, the manager said.



The public property where Byrer parks is a short segment of road that was made into a dead-end street by the construction of I-70 and the ramp system at Mount Comfort Road.



Byrer wonders whether he's being targeted because of the controversial nature of pornography. He considers his stance patriotic.



"If a consenting adult wants to partake in it, I think because we live in the United States and we have freedoms, people ought to be able to enjoy it," he said.



The Indiana Civil Liberties Union also supports individuals' rights to make such choices, which it considers protected by the First Amendment, said Fran Quigley, the organization's executive director.



But that does not necessarily mean the ICLU would side with Byrer in this case, he said.



"Our concern and the Constitution's concern is that restrictions be based on the manner of sale and not the content of what he's selling," Quigley said.



Dale said officials would be just as persistent in dealing with a vendor selling flowers or any other merchandise.



On Monday, Byrer plans to take his case to the Hancock County Commissioners, he said.



"If someone can show me where it's illegal, away I'll go."





Send all complaints to: specialshawn@bellsouth.net