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Pornography purveyors sue AG in federal court
By Karen Abbott, Rocky Mountain News
June 17, 2005
The adult entertainment industry sued U.S. Attorney General Alberto Gonzales on Thursday in Denver's federal court, alleging the government is wrongly cracking down on those who distribute adult material instead of targeting only those who produce it.
The lawsuit was filed by the Free Speech Coalition Inc., which said it is the trade association for the adult entertainment industry. The lawsuit said it represents more than 600 businesses and individuals involved in producing and selling sexually explicit merchandise that includes movies, magazines, Internet images and novelty items.
The coalition said new U.S. Justice Department regulations, set to take effect June 23, wrongly apply record-keeping rules to distributors as well as to producers in violation of the law as enacted by Congress and a 1998 ruling by the Denver- based 10th U.S. Circuit Court of Appeals.
The regulations require all sexually explicit materials depicting adults in sexual acts to have labels showing where identifying records are kept and can be inspected. The records must include proof of a performer's identity and age and must be indexed by a performer's name and aliases and the works in which he or she performed.
Failure to affix the correct labels and keep the proper records is punishable by up to five years in prison for a first offense and two to 10 years for a second offense, the coalition said.
The group wants a federal judge to block the regulations from going into effect for distributors of sexually explicit material.
The regulations were written by the Justice Department under a federal law aimed at protecting children. Congress first enacted the law in 1988 and has amended it several times, most recently in 2003.
"The U.S. attorney's office has not yet seen the lawsuit," said Jeff Dorsch-ner, spokesman for the office in Denver. "The government will review the complaint and will respond in due course."
One of the plaintiffs, along with the Free Speech Coalition, is a California-based wholesale distribution business called New Beginnings Ltd., operated by Leonard Friedlander, one of the founders of the coalition. Another plaintiff is David Conners, of California, creator of 41 motion pictures depicting adults engaging in sexual activity and owner of about 600 sexually oriented Web sites, according to the lawsuit.
http://www.rockymountainnews.com/drm...862349,00.html