Federal Judge Dismisses FSC?s 2257 Suit

[DVTimes]

U.S. District Court Judge Michael Baylson has granted the government?s motion to dismiss FSC?s 18 U.S.C. § § 2257 and 2257A lawsuit.
The decision comes nearly 10 months after FSC?s initial filing.

?We are disappointed but not surprised,? said Diane Duke, FSC?s executive director. ?We could tell at the onset that this judge was going to be a challenge.?

FSC and its attorneys are reviewing the decision and will comment further on the decision later this week.

?We?ve known all along that the [federal] district courts would be a challenge, as they are staffed with Bush appointees.? Duke said. ?Our next option is an appeal at the [federal] circuit court level. We are in the 3rd [U.S. Circuit Court of Appeals] ? an optimal circuit for our appeal.?

The FSC, in its original complaint, said the revised 18 U.S.C. § § 2257 and 2257A regulations are unconstitutional, as well as an unfair burden placed to producers to comply with the regulations.

At the time FSC attorney Michael Murray said he planned a ?substantial constitutional attack.?

The 14 plaintiffs attached to the suit with the FSC represent a rainbow of individuals, organizations and companies that one way or another publish or screen erotic material, from performers to photographers to studios to an adult entertainment business journalist.

The 14 co-plaintiffs in the case are:


?The American Society of Media Photographers, which represents 7,000 members.

?Barbara Nitke, a teacher at the School of Visual Arts in New York and a commercial photographer.

?David Steinberg, a photographer and writer of sexual issues.

?Nina Hartley, a performer and website owner.

?Michael Barone, a photographer.

?Dave Cummings, an adult industry performer who owns numerous websites.

?Tom Hymes, an adult industry journalist who runs a website.

?Sinclair Institute, which operates sexual health clinics.

?Channel 1 Releasing, which operates a gay porn studio.

?Barbara Alper, a photographer.

?Carol Queen, a sexologist and feminist sex educator.


?Dave Levingston, a photographer.

?Betty Dodson and Carlin Ross, who co-host a website.

XBIZ will have more details as the story develops.

http://www.xbiz.com/news/123435

[stocktrader23]

Sigh....

[davecummings]

Ouch! Damn!

[CYF]

that sucks.